Dale acts for clients in all areas of property law including disputes involving easements, restrictive covenants, and trusts of land, including constructive and resulting trusts, claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996, and matters involving contested wills and probate.
Dale also specialises in both residential and commercial landlord & tenant matters. From forfeiture claims, service charge disputes, possession proceedings, and deposit disputes, through to lengthy and complex cases of unlawful eviction, fraud, and harassment, Dale is able to provide effective advocacy in court and direct but practical advice out of court.
Dale is regularly instructed by a top UK insurer to defend claims involving property damage. Dale has significant experience in these complex liability and quantum claims which often involve multiple areas of law including tort, contract, agency, and statutes such as the Highways Act 1980. Dale takes a keen interest in the correct test regarding the measure of loss in these types of cases and is fully conversant in the arguments put forward by claimants and defendants.
Dale also has an excellent working knowledge of the law relating to uplifts for overheads (often known as ‘thickening claims’) and the recoverability of such.
Recent cases include:
- Obtained permission to appeal from the Court of Appeal in a property damage claim involving issues relating to when one company can issue a claim in the name of another. Instructed as sole counsel for the hearing listed in November 2024.
- Multi-track trial in which Dale successful represented the claimant in obtaining over £150,000.00 in occupation rent and defeated a counterclaim alleging a constructive trust.
- Led by James Aldridge KC in possession proceedings brought in respect of arrears of over £23m. Settled the proceedings on favourable terms better than the court could have ordered.
- Multi-track trial in which Dale successfully represented the landlord in a commercial lease renewal where the landlord opposed the lease renewal under s.30(1)(g) LTA 1954 being the landlord’s intention to occupy the premises.
- Multi-track trial involving the interpretation of a will. The disposal of a property was in issue between the trustees and beneficiaries. The judge agreed with the beneficiaries’ position following Dale’s persuasive submissions.
- Multi track trial successfully representing a tenant in their claim for unlawful forfeiture. The court allowed the claim, making damning findings against the Landlord, awarding the tenant considerable damages and costs.
