Caroline Hutton

Year of Call 1979

General Profile

Caroline Hutton has specialised in property law and legal disputes relating to land and buildings throughout her career at the Bar and is now well known in her field having appeared in many legally important cases. She is frequently invited to lecture on current topics. She founded the thriving Property Bar Association. She has particular interest in rural and commercial property and acts for private and corporate clients and in the public as well as the private sectors. She has a nationwide practice and accepts instructions from solicitors and property professionals large and small. She seeks to bring sound legal knowledge, commercial good sense and an innovative approach to the quick, thorough and cost effective resolution of disputes.


Areas of Emphasis

Property and conveyancing disputes in all circumstances including insolvency, professional negligence and probate.

All aspects of landlord and tenant law particularly commercial and agricultural and dilapidations

Disputes relating to the physical state and condition of land or buildings whether freehold or leasehold e.g. nuisance, negligence, restrictive covenants

Disputes relating to the use and occupation of land or buildings whether freehold or leasehold e.g. boundaries, easements, nuisance, trespass, adverse possession.

Land drainage and water rights

Advisory work

Non-contentious property advice relating to use and occupation of and rights over land, deals, investments, mortgages, developments, land registration, trusts and estates

Legal assessor/adviser in property related arbitrations particularly commercial and agricultural





The Directories


‘The doyenne of the agricultural property world.’
(Legal 500 2017)


“Brilliant on agricultural matters, she is succinct and speedy”

(Chambers UK 2017)


“She is exceptionally able. She is a battleship among yachts”

(Chambers UK 2017)


Caroline Hutton is recognised as a Leading Junior in Property Litigation, Legal 500, 2016.

“Her advice is astute and practical and she is a very persuasive advocate”

(Legal 500, 2016)


"She is extremely able. She is clear and simple in expressing herself to clients and is very good on tactics and advocacy."

(Chambers & Partners 2016)


"She is a very strong communicator and highly persuasive. She is pragmatic, sensible and down-to-earth"

(Chambers UK 2015)


“She is very quick to understand intertwining issues across complicated areas”

(Legal 500 2015)


Offers "superb advocacy skills backed up by a strong intellect."

(Chambers UK 2015)


"Her response time is fantastic, and the advice she provides is to the point and very practically oriented - she's brilliant."

(Chambers UK 2015)


“She can turn a desperate struggle into a leisurely walk home.”

(Legal 500 2014)


“She is extremely experienced, very clever, and good with clients.”

(Chambers UK 2014)


“Her opinions are very informative and she provides common-sense advice.”

(Chambers UK 2014)


‘A highly regarded practitioner with a wealth of experience’.

(Chambers UK 2014)


“Very quick to master a brief, she is a formidable advocate.”

(Chambers UK 2014)


“She’s experienced, scrupulous and thorough.”

(Chambers UK 2014)


“Very experienced” agricultural specialist"

(Legal 500, 2013)


The "extremely experienced" Caroline Hutton is "a very strong advocate"

(Chambers UK 2013)


Caroline Hutton provides a "swift, effective service"

(Legal 500, 2012)


Caroline Hutton is "one of the doyennes of the property bar."  A senior junior, she is well respected for her work in commercial property and is very strong on agricultural matters.  She is currently acting in an arbitration on behalf of the Ministry of Defence with its farm tenants, following the Court of Appeal decision in MOD v Spencer. 

(Chambers & Partners 2012)


Caroline Hutton - The "committed and extremely persuasive" Caroline Hutton is well versed in agricultural matters

(Legal 500, 2011)


...Caroline Hutton of Enterprise Chambers who is "extremely straightforward and always willing to stick her neck out for her clients" 

(Chambers & Partners 2011)


Sources concur: "She assimilates information swiftly and adopts good approaches to knotty problems." 

(Chambers & Partners 2010)


Caroline Hutton of Enterprise Chambers has a strong following and is renowned for being very passionate about her clients' interests.  According to peers, she provides "exceptionally good legal advice and exhibits great practicality." 

(Chambers & Partners 2010)


Renowned for her down-to-earth manner and no-nonsense approach, Caroline Hutton "stands her ground" and is "an excellent choice when a client is in a tight corner." 

(Chambers & Partners 2009)


One source remarked that "there are very few barristers who understand the solicitor's position on conveyancing as well as she does." 

(Chambers & Partners 2009)


Hers is an understated, pragmatic approach, such that she enjoys the epithet "the silent assassin," according to her contemporaries. 

(Chambers & Partners 2009)


The set is home to property specialist Caroline Hutton, who recently won the BDC v Tyler case. 

(Legal 500, 2008)


...sources commend her as a "doughty litigator who fights her own corner and is armed with a quiet but bruising delivery". 

(Chambers & Partners 2008)


Caroline Hutton is "a stunning advocate" who impresses with her "penchant for hard work and her practical mindset." 

(Chambers & Partners 2008)


Caroline Hutton...“has the rare ability to make you feel as if you are her only client.”...Sources labelled her “the bee’s knees when it comes to property.”

(Chambers & Partners 2007)



Notable Cases


Freifeld v West Kensington Court Limited [2015] EWCA Civ 806 An important decision on relief from forfeiture in a commercial case.  A very long leasehold reversion of 7 retail premises was forfeited for unlawful renewal of a sub-lease and relief from forfeiture refused on grounds of deliberate breach and other bad conduct on the part of the lessee at first instance a decision which was overturned on appeal.  The Court of Appeal, approving Southern Depot Co Ltd v BRB [1990] 2 EGLR 39, held that a deliberate and irremediable breach was merely one of the factors to be taken into account in the exercise of the equitable jurisdiction to relieve from forfeiture.  However, relief was granted only on condition that the lease was to be assigned within a specified time by sale at auction and subject to the lessor's consent not to be unreasonably withheld.  The lessor's costs of both the trial and the appeal were ordered to be paid on the indemnity basis.


Gilks v Hodgson [2015] EWCA Civ 5. The Court of Appeal held allowing an appeal that the presumption of ad medium filum does not apply where there is a ditch and defined what is meant by “consent” in relation to prescriptive rights of way.  A petition to the Supreme Court is pending on that issue.


Secretary of State for Defence v Spencer [2012] EWCA Civ 1368.  The Court of Appeal dismissed the tenants' appeal against the decision of Mr Justice Vos in [2012] EWHC 120 (Ch) which is an important decision on implied terms of contracts.  Particular facts arose out of Secretary of State for Defence v Spencer [2003] 1 WLR 2701 in which it was held that an agricultural tenancy had been automatically surrendered by operation of law on written variation to add land.  The variation agreement took place during a statutory rent review arbitration.  Question was what rent was payable after the surrender 2. 


31/07/2009 - National Trust for Places of Historic Interest -v- Ian Geoffrey Birden (2009)
24/07/2008 - Birmingham Developments Co Ltd -v- Michael Jacob Tyler (2008)
16/10/2007 - Christoher Sinclair & Alan Pearson -v- Brian Gavaghan, Frances Gavaghan and FR &B Gavaghan
27/06/2007 - Trustees of the Shirley Children's Settlement -v- Crabtree
22/11/2006 - Charles Braxton Moncure -v- Basil Kenneth Cahusac (As Executor of the Estate of Doris Cahusac-Delisser)
29/07/2005 - Martin Wilkins & Wendy Wilkins -v- Thomas William Lewis
22/10/2004 - Peter Gabriel -v- Colin Hayward & 7 Ors
07/10/2004 - Richard Parker 9th Earl of Maccelsfield -v- Beachwood Estate Company
17/03/2004 - Wilson & Wilson -v- McCullagh & McCullagh
24/07/2003 - Parker (9th Earl of Macclesfield) -v- Parker
22/05/2003 - Secretary of State for Defence -v- Spencer
28/02/2003 - John Green -v- Lord Somerleyton
22/01/2003 - Well Barn Shoot Ltd. & Well Barn Farming Ltd. -v- Shackleton & Shackleton
02/03/2001 - Nationwide Building Society -v- James Beauchamp



Career & Associations

University of Cambridge, MA, Law
Called to the Bar 1979
Fellow of the Chartered Institute of Arbitrators
CEDR qualified Mediator
Member of Bar European Group,
Chancery Bar Association,
Agricultural Law Association,
Property Bar Association,
Ecclesiastical Law Society
Association of Women Barristers
Honourary member of Central Association of Agricultural Valuers,
Bencher of Middle Temple






Contributor on agricultural law, The Landlord and Tenant Factbook  (Thomson Reuters)
Contributor and Co-Editor Commercial Property Disputes Law and Practice  (Sweet & Maxwell)






Member of the original Council for Licensed Conveyancing appointed by the Lord Chancellor to create that profession from 1985-1987

Chairman of the Disciplinary and Appeals Tribunal of the Council from 1987-1994

Secretary of Hammersmith & Fulham Deanery Synod

Governor of the Fulham Boys School