Practice overview
Daniel specialises in disputes about property, with an emphasis on real property and commercial landlord and tenant. Daniel is also well known for his expertise in mortgages and secured lending. Daniel is known for his extensive knowledge of land registration law which is one of his strengths as a property litigator.
Daniel’s other work tends to involve property but less directly. For example he is often instructed in professional negligence claims relating to conveyancing and surveyors/valuers and in partnership actions where the assets of the partnership include land/properties.
In 2008 Daniel was appointed as a Deputy Adjudicator to HM Land Registry and since 2013 he has been a judge of the First-tier Tribunal (Property Chamber, Land Registration).
Daniel is an experienced, ADR Group accredited mediator.
Areas of expertise
- Property
- Commercial landlord & tenant
Commercial landlord & tenant
Daniel regularly acts for landlords and tenants of commercial property, usually regarding lease renewals, rent review, dilapidations, breach of covenant or refusal of consent. Vexed questions regarding the interpretation of leases frequently cross his desk.
Recent and reported cases
- Claim concerning break clause in lease of betting shop in Mayfair
- Trident Nominees (IOM) Ltd v Shaftesbury Properties Ltd (2021, Unrep.) – case concerning common law disclaimer of lease following striking-off of foreign company.
- Melcraft Ltd v Royal Borough of Kensington & Chelsea (2020, Unrep.) – successful claim to (opposed) new lease under LTA 1954
- Applications for new leases regarding shops, office buildings, restaurants and petrol stations
- Dilapidations cases relating to office buildings, car parks and retail premises
- Breach of covenant and/or forfeiture claims relating to leisure centres, public houses, shops and office buildings
- Network Rail Infrastructure Ltd v Freemont Ltd[2013] EWHC 1733 (Ch), [2013] All ER (D) 211 (Jun)
- Family Mosaic Housing Association v Pimlico School Housing Association Ltd[2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
- Brighton & Hove CC v Collinson[2004] EWCA Civ 678, [2004] 28 EG 178, CA
- Development & planning
Development & planning
Daniel regularly advises and acts for developers in relation to, e.g. restrictive covenants, promotion agreements, options, easements, boundary issues, purchase agreements.
Recent work and reported cases
- Moralee v Avery (2023, Unrep.) – claim to determine that overage provisions did not apply
- Cranbrook Homes v Taylor Wimpey (UK) Ltd (2023, Unrep.) – claim for breach of option agreement
- Applications for discharge or modification of restrictive covenants of a former care home and a waste recycling site
- Dispute over agreement to purchase office block for residential development
- Safavi v Strandview[2018] EWCA Civ 539 – – successfully resisted claim by lessees of block of flats arising from landlord’s development of roof
- Chambers v Rushmon Ltd [2017] EWHC 124 (Ch)
- 1 Captains Gorse [2009] UKUT 182(LC)
- Leasehold & leasehold management
Leasehold & leasehold management
In the context of long residential leases, Daniel has considerable experience of leasehold enfranchisement, service charge disputes, as well as issues around breaches of covenant and forfeiture of leases. As Chambers UK says: “If you ever have a leasehold dispute, he’s certainly one to go to.”
Recent and reported cases
- Keith v Benka [2023] EWCA Civ 821 – successfully resisted appeal against order reinstating struck-out claim to forfeit flat lease
- Benka v Keith [2021] EWHC 3124 (Ch)
- One Hundred New Cavendish Street Ltd v Howard de Walden Estates (2021, Unrep.) – dispute between freeholder and long lessee over service charge deed
- Advising owners of large new development regarding right of first refusal under Landlord and Tenant Act 1987
- Safavi v Strandview[2018] EWCA Civ 539 – successfully resisted claim by lessees of block of flats arising from landlord’s development of roof
- Arceo v Pall Mall Investments (2016, Lawtel)
- Application for lease extension of valuable flat in Kensington
- Application for lease extension of valuable flat in Hampstead
- Collective enfranchisement of block of high value flats in Chelsea
- Family Mosaic Housing Association v Pimlico School Housing Association Ltd[2011] EWHC 3561 (Ch), [2011] All ER (D) 18 (Dec)
- LB Camden v Leaseholders of Flats on Grafton Way [2008] PLSCS 198
- Mahdi & Ors v Al-Habi[2008] EWHC 2374 (QB)
- Real property & mortgages
Real property & mortgages
Title and boundary disputes, rights of way and other easements, restrictive covenants and mortgage disputes (usually acting for lenders) make up a substantial part of Daniel’s practice.
Daniel is very knowledgeable about land registration issues, aided by the fact that he sits part-time as a Judge of the First-tier Tribunal (Property Chamber, Land Registration).
He is familiar with the conveyancing process and has acted in many disputes arising from property transactions. Daniel has considerable experience in disputes regarding co-ownership, claims involving proprietary estoppel and constructive trust and attempts to undo property transactions.
His clients range from substantial commercial organisations and public bodies to individual householders.
Recent and reported Cases
- Demetriou v Mapara and others [2022] EWCA Civ 1001 – dispute concerning burial rights in a privately owned cemetery
- Stafford v Greenmoor Hill Farm Ltd (2022, Unrep.) – successful defence of claim to stables based on rectification of title or adverse possession.
- KRM (Great Britain) Ltd t/a Ecco Shoes v Macey (2021, Unrep.) – case concerning a prescriptive easement of air
- Mapara and others v Demetriou [2021] EWHC 764 (Ch)
- Woods v Mountain (2018, Unrep.) – successful claim for specific performance of contract to sell valuable property in Christchurch
- Santander UK plc v Fletcher[2018] EWHC 2778 (Ch) – successful defence of appeal from order to enforce mortgage where borrower alleged undue influence
- Chambers v Rushmon Ltd [2017] EWHC 124 (Ch)
- Arceo v Pall Mall Investments (2016, Lawtel)
- Godden v Godden[2015] EWHC 2633 (Ch)
- Scott v Southern Pacific Mortgages Ltd[2014] UKSC 52, [2015] AC 385
- The Mortgage Business plc v Green[2013] EWHC 4243 (Ch)
- Cook v The Mortgage Business and other cases[2012] 1 WLR 1521, CA
- Franks v Chief Land Registrar[2012] 1 WLR 2428, CA
- Seeff and Seeff v Ho and Nu[2011] PLSCS 102, CA
- Re North East Property Buyers Litigation[2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)
- Re 1 Captain’s Gorse, Upper Basildon[2009] UKUT 182 (LC), [2010] 1 EGLR 105
- Trusts of land
Trusts of land
Daniel has significant experience of disputes regarding trusts of land.
Recent and reported cases
- McConnell v Tu (Unrep., 2023) – acting for defendant to claim by defendant’s late partner’s children to interests acquired by defendant with partner
- Antoniou v Georgallides(2017, Lawtel)
- Dispute between siblings regarding ownership of several properties
- Dispute between former domestic partners over investment properties and quasi-matrimonial home
- Commercial landlord & tenant
- Commercial dispute resolution
- Banking & finance
Banking & finance
Daniel acts for mortgage lenders, large and small(ish), usually regarding securities that are challenged (e.g. due to alleged fraud) and securities in peril (e.g. mortgages over leaseholds facing forfeiture).
He is particularly in demand by mortgage lenders where land registration issues arise. He has represented the Mortgage Business plc, part of the Lloyds Banking Group, successfully in the Supreme Court.
Reported cases
- Acting for retail bank which had granted mortgage over leasehold property for term longer than residue of term of soon-to-expire lease
- Santander UK plc v Fletcher[2018] EWHC 2778 (Ch) – successful defence of appeal from order to enforce mortgage where borrower alleged undue influence
- Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52; [2015] AC 385
- The Mortgage Business plc v Green[2013] EWHC 4243 (Ch)
- Cook v The Mortgage Business and other cases [2012] 1 WLR 1521
- Re North East Property Buyers Litigation[2010] EWHC 2991 (Ch), [2010] All ER (D) 275 (Nov)
- Companies, joint ventures & partnerships
Companies, joint ventures & partnerships
Daniel has acted in many disputes between partners, usually where the partnership assets include land or buildings. Such matters rarely litigate to trial, or at all, and are often confidential. However, in recent times Daniel has acted in disputes concerning:
- farming partnerships,
- a GP partnership,
- a partnership in a nursery school,
- a restaurant partnership
- a nursing home partnership.
- Banking & finance
- Professional liability
- Property Professionals
Property Professionals
Daniel’s practice encompasses professional negligence claims against solicitors (see separate part of his profile), surveyors and valuers as well as architects.
Recent work
- Acting in surveyor’s negligence claims relating to valuable residential property.
- Advising architect facing allegation of negligence.
- Legal professionals
Legal professionals
Daniel is frequently instructed for his property expertise in claims against solicitors concerning professional negligence in property transactions, including acting for major mortgage lenders.
Daniel has both lectured and published articles about solicitors’ negligence.
Recent cases
- Snow and Bews v Bannister Preston (2022, Unrep.) – successful defence of first claim to come to trial alleging negligent advice concerning ground rent escalation clauses in residential leases (Daniel has been instructed by defendant insurers in many similar cases)
- Edwards v Howells (2022, Unrep.) successful defence of another claim alleging negligent advice concerning ground rent escalation clauses in residential leases
- Acting for purchasers of high-end flat in conveyancing negligence claim against well-known solicitors
- Acting for licensed conveyancers facing claim arising from vendors having entered into second contract of sale when first first contract of sale with other buyers allegedly not terminated.
- Acting for defendant in solicitors’ negligence claim relating to non-service of option notice.
- Acting for developer in claim against former solicitors for negligent conduct of sale of development land.
- Property Professionals
Directory recommendations
Daniel is recommended for Real Estate/Property Litigation in Chambers UK and Legal 500.
- “Daniel is a very careful and considered barrister. He is great at putting clients at ease and understanding the dynamics of the parties.” (The Legal 500 2024, Property Litigation)
- “The combination of his written and oral advocacy is incredibly persuasive. I have seen Daniel’s advocacy get clients out of very tight corners.” (Chambers and Partners 2024, Real Estate Litigation)
- “Daniel is very approachable, great with clients and always on hand when necessary.” (Chambers and Partners 2024, Real Estate Litigation)
- “He is very dependable and very thorough, and has a very good way with both instructing solicitors and his opponents.” (Chambers UK, 2023)
- “Daniel Gatty gives solid written advice.” (Chambers UK, 2023)
- “We instruct Daniel in the most complex real property matters and he provides KC-level advice.” (Chambers UK, 2023)
- “He is tenacious, dependable and has a good client manner.” (Chambers UK, 2023)
- “A ferocious intellect and command of the law, Daniel inspires confidence in his clients. He is very strong on detail and provides silk level advice. His style at trial is excellent, remaining calm and focused to eloquently put forward his case. “ (The Legal 500, 2023)
- “Easy to work with. In trial he is very effective, has good gravitas and gets to the heart of the issues needing to be resolved.” (Chambers UK)
- “Excellent to work with, prompt and concise paperwork and good advocacy. Experienced and cool under pressure. Knowledgeable regarding judicial attitudes and outcomes – inspires confidence and gains trust of tribunal/judge. He instils confidence in clients.” (Legal 500)
- “Extremely good on his feet.” (Chambers UK)
- “A real authority on easements, manorial rights and land registration. He has impeccable judgement and guides a case in the right way at all times.” (Chambers UK)
- “He delivers an excellent service and maintains a very high standard of quality.” (Chambers UK)
- “He has a mastery of detail and is a calm, confident presence with clients.” (Legal 500)
- “Knowledgeable about property and instils confidence.” (Legal 500)
- “The consummate professional. Calm under pressure, great with clients.” (Legal 500)
Professional associations
- Property Bar Association (formerly Secretary)
- Chancery Bar Association
- Professional Negligence Bar Association
- London Common Law and Commercial Bar Association
Publications
In 2019 Daniel wrote “A Practical Guide to Rights Over Airspace and Subsoil” (2019, Law Brief Publishing). The second edition of that book, also authored by Daniel, was published in late 2023.
He was a contributor to Risk & Negligence in Property Transactions (2018, The Law Society).
Daniel contributed a chapter to “Commercial Property Practice: An Expert Guide” (2015, Wilmington Legal) and for several years was a chapter author for “Practical Civil Court Precedents” (Sweet and Maxwell).
Qualifications
- Manchester University, BA (Econ) Hons in Politics and Economics
- City University, Dip. Law
- Judge of the First-tier Tribunal (Property Chamber, Land Registration)
- ADR Group accredited mediator