Bruce Walker


Year of Call 1994



General Profile


RECOMMENDATIONS

 

What the judges say:

 

 “I have no hesitation in preferring Mr Walker's submissions on these issues.” (Floyd LJ in Court v. van Dijk)

 

“Mr Walker has made very persuasive arguments on this point.” (Aikens LJ on permission application in Court v. van Dijk)

 

“… it was an argument which was advanced with considerable skill by Mr. Walker …” (Coulson J in Harrogate BC v. Crossland).

 

“… we were considerably assisted by a very good and detailed skeleton argument on behalf of the respondents from Mr Walker  …” (Elias LJ in Oliver v. Burgess & Symons).

 

“… the logical attraction and cool clarity of Mr Walker’s treatise on title …” (Mummery LJ in Thompson v. Bee).

 

 

What the directories say:

 

"The best barrister for property dispute work outside London." "Meticulous, thorough and good to work with. He's a team player and has given us some good guidance." Chambers & Partners 2018

 

"Thorough, meticulous and tenacious. He goes through his papers with great thought, remains on top of his brief at all times and is fearless before the judges." "He is good to work with and a real team player." Chambers & Partners 2018 

 

"He is incredibly bright, incredibly thorough, and incredibly knowledgeable about his area.”  “He has strong advocacy skills."  Chambers and Partners 2017

 

"He has a very calm, measured approach and is very knowledgeable, with a good client care manner.  He is my number one port of call".  Chambers and Partners 2017

 

"Experienced across a range of property matters." Legal 500 2017

 

"A forceful and commercially astute advocate, with very good knowledge of the law and a good bedside manner." - Legal 500 2016

 

“Possesses an exceptional reputation for his expertise in disputes relating to nonpossessory interests, including easements, covenants and rights of way. His other strengths include landlord and tenant cases and boundary disputes.”  Chambers and Partners 2016

 

"He is meticulous in his detail and his skeleton arguments are wonderful. He can turn a losing case into a winner."  Chambers and Partners 2016

 

"Very thorough and analytical in his approach."  Chambers and Partners 2016

 

“Highly regarded for his Chancery work on the North Eastern Circuit both in the High Court and [the] Court of Appeal. The long list of reported cases in which he has acted is evidence of his ability to handle some of the most high-profile and complex Chancery matters.”  Chambers and Partners 2015

 

“… experienced in handling complex commercial landlord and tenant disputes, and is commended for his ability to provide clear and prompt advice.” 

Chambers and Partners 2015

 

“He is a tenacious advocate and won't let a point go unless he is satisfied.”  Chambers and Partners 2015

 

“He is very good academically as well as being very though and practical.”  Chambers and Partners 2015

 

“… commended for his ability to provide clear and prompt advice” 

Chambers and Partners 2015

 

“He has an incredible attention to detail, is very client-friendly and is a very good member of the team.” Chambers and Partners 2014

 

“… is particularly adept at handling landlord and tenant disputes.” 

Chambers and Partners 2014

 

 

 

REAL PROPERTY

 

Bruce has extensive experience in real property litigation and advice.  Some key areas in which he regularly advises and litigates are:

 

  • Conveyancing (s.2 LP(MP)A 1989, construction, specific performance and termination for breach, options, pre-emption rights, overage clauses, registration, rectification of contracts and rectification of the Land Register etc).
  • Mortgages and charges (legal, equitable, priority, undue influence, mortgagee’s duties, charging orders).
  • Restrictive covenants (whether binding, enforcement in the courts, removal or modification in the UT Lands Chamber).
  • Boundaries and adverse possession.
  • Easements and profits (acquisition by grant / reservation, implication or prescription, rights of way, rights to park, water rights, rights of support, shooting).
  • Trespass
  • Nuisance (including tree roots).
  • Co-ownership (express, constructive and resulting trusts, equitable accounting, TLATA 1996).
  • Joint ventures and partnerships.
  • Proprietary estoppel.
  • Licences.
  • FTT (formerly Adjudicator to HMLR) applications.
  • Professional liability.
  • Planning.

 

Reported cases and example cases of interest

 

Farrar v. Rylatt 16/11/2017 (QBD TCC HHJ Raeside QC) Resisting 2 claims to profit share agreements for building ventures, and beneficial interests in the subject land, based on (1) oral agreement and (2) written heads of terms.

 

Re North Harrow Tennis Club [2017] EWHC 2476 (Pepperall QC)  Acting for club trustees, obtaining permission to sell or order for sale, trial on issues of entitlement of club members and distribution by Benjamin order.

 

Dore Properties v. Gunes Ata  9/11/2016 Construction of contract for sale of land; whether VAT payable on the price.

 

Winterburn v. Bennett [2016] EWCA Civ 482 (CA)  Visible and clear “no parking” signs prevent acquisition of parking easement by prescription.

 

Court v. van Dijk [2016] EWCA Civ 483  Pipe easement, nuisance by flooding, right to pen back water.

 

Anchor Trust v. Majid 2016  Rectification of the Land Register for mistake.  Mistake, possession, unjust not to rectify, exceptional circumstances.  Title deriving from multiple sources (gift of leasehold, agreement for lease, adverse possession).

 

Willow Design (in liquidation) v. London Ebor & RBDA ChD 2015  Resisting liquidators’ claims to beneficial interest in land, partnership, or land held on joint venture terms.

 

Cromford Group Ltd v. Mosley ChD 2014-15  Overage agreement, construing valuation formula to ascertain sum payable, where the disposal was to wind farm company by lease at a rent, rather than freehold sale or lease at a premium.

 

Ramsay v. Ramsay 13/1/2015 (ChD, HHJ Behrens) proprietary estoppel claim by son to father’s farm after his death.  [2015] EWCA Civ 1473 (CA) permission to appeal refused.

 

Bennett v. Winterburn [2015] UKUT 59 (UT, HHJ Purle QC) appeal from Adjudicator to HMLR ( [2013] EWLandRA 2013 0081 ) on claim to prescriptive right of way and to park over a car park - whether inter alia signs made user forcible (vi).

 

Court v. van Dijk [2014] EWCA Civ 1530 (CA) oral renewal of application for permission to appeal, before Aikens LJ who refused on paper, permission granted on 3 of 4 grounds; existence of pipe easement, interference, nuisance by flooding.

 

Bowen v. Walton & Crawford 22/1/2014 (Adjudicator to HMLR) first registration despite lost deeds, prescriptive right of way for access.

 

Taylor v. Colgan 18/12/2013 (Adjudicator to HMLR) resisting adverse possession to land abutting village green, over which a prescriptive easement ran.

 

West Sussex County Council v. Persons Unknown 16/9/2013 (ChD, Lang J) Injunction against fracking demonstrators protesting on the highway.

 

Davis v. Bailey & Tibble 26/4/2013 (ChD, HHJ Raeside QC) Appeal from Adjudicator to HMLR on whether right of way existed on true construction of deeds.

 

Harrogate BC v. Crossland [2012] EWHC 3260 (ChD, Coulson J)  Deemed planning permission for an agricultural building: whether “reasonably necessary for the purposes of agriculture”, notice and counter-notice procedure and timing under the GPDO Sch. 2 Part 6 para. A, injunction to pull down.

 

Muckley v. Farquhar [2012] EWCA Civ 1179 (CA)  Transfer of garden land, delay in registration, new wife’s name added to vendor’s title before transfer registered, her signature later added to unregistered transfer, she claiming her signature forged, relevance of her signature if she had no title when the transfer was originally made.

 

Disney v. Lundean 6/9/2012 (HHJ Robinson)  Physical extent of a right of way and whether excessive to use for a 2nd house on the dominant land.

 

Oliver v. Burgess & Symons [2012] EWCA Civ 267 (CA), [2012] 2 P&CR 2, [2012] 2 EGLR 9  Easements and boundaries, whether right of way released, width and route of a right of way, whether gates an interference, excessive user, boundary positions, pipe easement, right to connect into new pipes.  First instance [2011] All ER (D) 250, [2011] EWHC B9 (ChD, HHJ Behrens).

 

Genn v. Mason 29/11/2011 (HHJ Behrens)  Easements (express rights of way, route and width, ancillary right over verges; implied rights of way; points of access from the route to the dominant tenement), boundaries, harassment.

 

Thorkildsen v. Lovett 11/4/2011 (Adjudicator to HMLR)  Adverse possession of the Tweed riverbank.

 

ASDA v. Farmers for Action 15/12/2010 (ChD, HHJ Kaye QC), 20/12/2010 (HHJ Langan QC), 7/1/2011 (HHJ Kaye QC), 21/1/2011 (HHJ Behrens)  Injunction preventing protestors interfering with distribution depots.

 

Alexander v. Challenger [2010] EWHC 2301 (ChD, HHJ Hodge QC)  Appeal from Adjudicator to HMLR on issues of historic title from the 1800s, adverse possession, registration and easements.  [2011] EWCA Civ 500 (CA) permission to appeal refused.

 

Thompson v. Bee [2010] Ch 412 (CA), [2009] EWCA Civ 1212, [2010] WTLR 357  Whether a right of way derived from assents to 2 beneficiaries, or the will, construction of the grant, excessive user.

 

Burnside v. Burnside 19/5/2010 (Adjudicator to HMLR)  Rights of way and rights to park by the rule in Wheeldon v. Burrows and section 62 LPA 1925.

 

Rennison v. Mason 10/3/2010 (ChD, Sutcliffe QC)  Beneficiary’s exercise of option in will, to have the testator’s house appropriated to his beneficial interest, whether timeous, whether sham.

 

de Wind v. Wedge [2008] EWHC 514 , [2010] WTLR 795 (ChD, Patten J)  Inter vivos gift of land, undue influence.

 

Hardiman v. Imperial Homes 25/9/2007 (ChD, HHJ Kaye QC)  Enforcement of freehold restrictive covenant against property developer.

 

Hawkins v. Anderson 1/11/2006 (Adjudicator to HMLR)  Adverse possession of domestic driveway.

 

Re Bee 9/8/2006 (Adjudicator to HMLR)  Construction of will to determine land boundaries.

 

Clarke v. Harlowe [2005] EWHC 3062, [2005] WTLR 1473, [2006] BPIR 636, [2007] 1 FLR 1, [2006] Fam Law 846, [2007] 3 FCR 726, (ChD, HHJ Behrens)  Equitable accounting between beneficial owners of land, first starts upon separation (when the relationship breaks down), or (obiter) breach of agreement to make payments.

 

Re Fairclough Homes Ltd  [2004] EWLands LP 30 2001, LP/30/2001 (Lands Tribunal, George Bartlett QC)  Application to discharge or modify restrictive covenants to allow 2 blocks of 10 flats in place of large single house in prestigious location of North Leeds.

 

Garside v. Lockings Professional negligence of solicitors in advising on purchase by private mortgagees.

 

Creaser v. Garside Validity of sale by mortgagee to self and others.

Advising high street lender on implications of the Land Registration Act 2002 for their mortgage portfolio.

 

 

LANDLORD AND TENANT

 

  • Commercial, agricultural and residential tenancies, licences and service occupiers.
  • Landlord and Tenant Act 1954 renewals.
  • Agricultural Holdings Act 1986 including succession and Farm Business Tenancies.
  • Termination and possession (including forfeiture, relief and waiver, surrender, disclaimer, break clauses).
  • Covenants against assignment or other alienation.
  • Dilapidations.
  • Rent review.
  • Construction and rectification.

 

 

Reported cases and example cases of interest

 

Osborne v. Skelding 9/7/2016 (ChD HHJ Raeside QC) Tenant’s right of first refusal; meaning of “building” in factual context.

 

Younger Homes v. Roberts 4/6/2014 (ChD, HHJ Kaye QC) apportionment of rent, surrender of part, liability of remaining part for only part of the rent, forfeiture claim for non-payment of whole rent.

 

Frenchgate Ltd v. Doncaster Trades Union and Labour Club Ltd 2012-14  Challenging service charge in expert determination proceedings, challenging historic service charge certificates in court proceedings (otherwise time-barred from challenge by expert determination).

 

Agricullo Ltd v. Yorkshire Housing Ltd [2010] EWCA Civ 229 (CA), [2010] 2 P&CR 11, [2010] L&TR 9  Resisting landlord’s claim for costs of pursuing tenant to effect dilapidation repairs (by solicitor’s correspondence and surveyor’s supervision), claimed as recoverable under s.146 costs indemnity clause in lease, despite tenant serving counter-notice preventing forfeiture.

 

Pickard v. Howard (2011) ALT/Y/S/99 (Agricultural Land Tribunal) AHA 1986 succession, principal livelihood, suitability.

 

Marsh v. Robinson 11/8/2010  Business lease renewal, landlord’s intention to occupy.

 

Skidmore v. Kunz 22/3/2010  Tenant’s claim to protection of Agricultural Holdings Act 1986.

 

Re Oscars Wine Bar, York 5/12/08 (ChD, HHJ Behrens)  Tenant taking trading name to new premises as part of the “goodwill” he purchased, resisting injunctive proceedings by landlord.

 

Bradbury Investments Ltd v. Hicklane Properties Ltd [2008] EWCA Civ 691 (CA), [2009] 1 P&CR 2  Tenant’s pre-emption in lease, rectification of valuation machinery.

 

Newcastle United v Nexus 3/12/2003 (ChD, HHJ Behrens)  Consent to assign lease, reasonableness of landlord withholding, prime development land in Newcastle city centre.

Obtaining business lease renewal for a local A-level college in the face of a hostile landlord.

 

Advising on the Thomas-Van Staden trap.

Brewery’s termination of 16 leases and licences to recover land for development.

 

 

WILLS, TRUSTS AND PROBATE

 

  • Probate claims (testamentary capacity, knowledge and approval etc).
  • Challenges to inheritance, including ademption, satisfaction, election, deathbed gifts, promises to leave property by will, setting aside lifetime gifts for undue influence or capacity.
  • Construction and rectification of wills.
  • Administration actions (beneficiary and trustee disputes, removing executors and trustees, restraining powers to appoint new trustees, trustees’ duties and powers, distribution and winding up).
  • Trusts in the home (express, constructive and resulting trusts, equitable accounting, TLATA 1996).
  • Claims under the Inheritance Act 1975.

 

Reported cases and example cases of interest

 

Re Aspinall (deceased) [2017] EWHC 454 (Ch), [2017] W.T.L.R. 447 Construction of will, excluding from devise that part which was subject to a CPO and had become part of the M65 years prior to the will and death; alternatively ademption of that part of the land devised which was subject to a CPO prior to deceased’s death but which had not completed by transfer. (westlaw (lawtel).

 

Re Ezair 2013-2016 Removal of puppet trustee, appointment of new trustees, order restraining settlor from appointing new trustees.

 

Re Buckley 14/7/2014 (FamD)  Application for probate of holograph will, defeating propounder’s claim under under N-CPR.

 

Dalton v. Franks 23/6/2014 Inheritance Act 1975 claim by widow.

 

Thompson v. Packman 17/1/2014 (ChD, HHJ Behrens) Benjamin Order, declaration of intestate death of son, to enable distribution of grandmother’s estate to her grandchildren.

 

Muckle v. Muckle 17/1/2013 (ChD, HHJ Behrens)  Beneficiary forcing administration and distribution of the estate, following family deadlock for nearly 15 years.

 

Dols v. Smith 20/2/2012 (Court of Protection)  Mental capacity and revocation of EPA.

 

Driver v. Lee & Priestley (2011) £3m White v. Jones type professional negligence claim against solicitors for failing to draft will expeditiously, before testator died.

 

Taylor & Nelson v. Ireton 22/11/2010 (ChD, Richards J)  Deathbed gift of land.

 

Rennison v. Mason 10/3/2010 (ChD, Sutcliffe QC)  Beneficiary’s exercise of a will option, to have the testator’s house appropriated to his beneficial interest, whether timeous, whether sham.

 

Thompson v. Bee [2010] Ch 412 (CA), [2009] EWCA Civ 1212, [2010] WTLR 357  Whether a right of way derived from assents to 2 beneficiaries, or the will, construction of the grant, excessive user.

 

de Wind v. Wedge [2008] EWHC 514 , [2010] WTLR 795 (ChD, Patten J)  Inter vivos gift of land, undue influence.

 

Halstead v. Beaumont 16/4/2007 (ChD, HHJ Spencer QC)  Inter vivos gift of land, lack of capacity, undue influence, unconscionable bargain, election.

 

Clarke v. Harlowe [2005] EWHC 3062, [2005] WTLR 1473, [2006] BPIR 636, [2007] 1 FLR 1, [2006] Fam Law 846, [2007] 3 FCR 726, (ChD, HHJ Behrens)  Equitable accounting between beneficial owners of land, first starts upon separation (when the relationship breaks down), or (obiter) breach of agreement to make payments.

 

Porthouse v. Blacklock 12/8/2004 (ChD, HHJ Langan QC)  Removing a belligerent executor.

 

Race v. Race [2002] WTLR 1193, [2002] EWHC 1868 (ChD, HHJ Behrens)  Ademption of devise of land.

 

Ward v. Wrightson (New Law Online 202022801)  Resisting Inheritance Act claim brought against farmer’s son.

 

 

COMMERCIAL

 

  • Partnership
  • Banking (mortgages and guarantees)
  • Construction
  • Insurance
  • Professional negligence
  • Privacy injunctions

 

Reported cases and example cases of interest

 

Farrar v. Rylatt 16/11/2017 (QBD TCC HHJ Raeside QC) Resisting 2 claims to profit share agreements for building ventures, and beneficial interests in the subject land, based on (1) oral agreement and (2) written heads of terms.

 

Re North Harrow Tennis Club [2017] EWHC 2476 (Pepperall QC)  Acting for club trustees, obtaining permission to sell or order for sale, trial on issues of entitlement of club members and distribution by Benjamin order.

 

Dore Properties v. Gunes Ata  9/11/2016 Construction of contract for sale of land; whether VAT payable on the price.

 

CHS v. DNH [2015] EWHC 1214 (ChD, HHJ Hodge QC)  Privacy injunction to prevent publication of private confidential information.  Made final 10/3/2015 and 11/5/2015 (ChD, Norris J).

 

Head v. Enterprise Insurance 2015  Enforcing FOS Final Decision against insurer.

 

Jordan v. NIG 2014-2015  Claim on insurance policy, enforcement.

 

Kiely v. Mortgage Express et al 7/2/2014 (ChD HHJ Raeside QC)  Resisting injunction application to prevent a mortgagee and receivers from selling.

 

Temperley et al v. Rashid 2/7/2013 (ChD, HHJ Saffman)  GP partnership, ownership of building, nature of occupancy of some of their number – TLATA or lease.

 

Manchester Building Society v. Haresign 22/11/2011  Enforcement of mortgage guarantees.

 

ASDA v. Farmers for Action 15/12/2010 (ChD, HHJ Kaye QC), 20/12/2010 (HHJ Langan QC), 7/1/2011 (HHJ Kaye QC), 21/1/2011 (HHJ Behrens)  Injunction preventing protestors interfering with distribution depots.

 

Driver v. Lee & Priestley (2011) £3m White v. Jones type professional negligence claim against solicitors for failing to draft will expeditiously, before testator died.

 

Lohia v. Clearpath Ltd 17/12/2009 (Central London CCt)  Contract for sale of shares in SPV (property holding company) terminated by vendor, method of termination, whether exercise of rescission clause or acceptance of repudiatory breach, consequential claim in damages flowing if acceptance of repudiatory breach. Permission to appeal refused to the other side [2010] EWCA Civ 876.

 

Berrygate Hill Nurseries Ltd v. S&A Soft Fruits Ltd 16/4/2009 (ChD, HHJ Brown QC)  Claim for commercial supply of strawberry plants, counterclaim for infected plants and lost business profits.

 

Re Oscars Wine Bar, York 5/12/2008 (ChD, HHJ Behrens)  Tenant taking trading name to new premises, resisting injunctive proceedings by landlord.

 

Victoria Construction Ltd v. David Wilson Homes Ltd 2005 ChD  Termination of £5m land contract by option, resisting challenge to expert determination of value.

 

Garside v. Lockings Professional negligence of solicitors in advising on purchase by private mortgagees.

 

Creaser v. Garside  Validity of sale by mortgagee to self and others.

 

 

MEMBERSHIPS

 

Property Bar Association

Chancery Bar Association

Northern Chancery Bar Association

North Eastern Circuit

Gray’s Inn

 

 

EDUCATION

 

The Manchester Grammar School

Downing College, Cambridge University

Sheffield University

University of Westminster

Prince of Wales Scholar 1992, Gray’s Inn

Prince of Wales Scholar 1993, Gray’s Inn

 

 

BEYOND THE BAR

 

Bruce enjoys road cycling (he is an avid Strava user) and skiing (he is a qualified ski instructor). His latest ambitions are to improve his surfing and kite-surfing.  He lives in Harrogate with his wife and two daughters.

 

 

PRIVACY NOTICE


Bruce collects, uses and is responsible for your personal information collected during the course of providing legal services as a barrister. He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation.


The members of Enterprise Chambers have a privacy policy which sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.  Members also have a data retention policy which sets out how long they keep information for and why.


You can download copies of these policies here: (1) privacy policy (2) data retention policy .  Hard copies are available on request by contacting any branch of Enterprise Chambers.