John de Waal KC divides his time between practising as a barrister at Gatehouse Chambers and as a mediator with The Property Mediators.
The directories say that he “is able to see through the confusion and noise created, guiding you to a strong commercial resolution. He is knowledgeable, measured and good with clients” (Legal 500, 2024”) and is “a go-to mediation Silk for property and professional negligence matters” (Legal 500, 2024).
He is regularly instructed in complex property-related litigation in the Chancery Division and the Court of Appeal. In 2015 John appeared in the Supreme Court in Cavendish v Makdessi [2016] AC 1172, the decision that is now the leading case on the law of penalties.
John is the editor of the title “Risk and Negligence in Property Transactions” published by the Law Society in October 2018.
John was a recent winner of Real Estate, Environment and Planning Silk of the Year at the Legal 500 Awards.
Mediation
John particularly enjoys working as mediator and conducts about 40-50 mediations every year. For more information about his mediation practice, please go to www.thepropertymediators.co.uk.
John’s practice is principally concerned with commercial property. He advises and acts for landlord and tenants in cases involving break clauses, dilapidations, contested assignments, lease renewals and forfeiture. John also advises and acts on agricultural tenancies.
Relevant Work:
B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd [2023] EWHC 2495 (Ch): 1954 Act lease renewal; planning permission; development break clause.
Acting for major retailer in relation to allegations of breach of covenant in lease of retail premises
Acting for tenant of commercial premises in connection with break clause/dilapidations claim where the issues is material compliance with covenants in the lease
Acting for landlord in major dilapidations claim in dispute about novation of tenancy agreement
Advising in relation to rent reduction clauses and the law of penalties
Advising investor on issues arising on sale of a portfolio of shopping centres
Acting on expert determination on sale of a portfolio of licensed premises
Acting for a farm partnership in arbitration about valuation of deceased partner’s share
John acts for developers in relation to issues that arise on site assembly, the exercise of options and pre-emption agreements, overage and land promotion agreements. He has a particular expertise in rights to light and party wall disputes.
John has contributed the Chapter on ‘Conditional Contracts, Options and Overage’ to the book he has edited for the Law Society “Risk and Negligence in Property Transactions”.
Property law is at the heart of John’s practice. His clients are principally developers and owners of commercial property. John also works extensively for defective title insurers and professional indemnity insurers.
His cases tend to concern options, covenants, easements (in particular rights to light) as well as rent charges and cases concerning the beneficial ownership of land.
John is experienced in dealing with long lease issues such as enfranchisement, service charge disputes, forfeiture, breach of covenant and right to manage. He is presently advising a number of clients about issues arising from unsafe cladding on tower blocks.
Relevant Work:
FSV Freeholders Ltd v SGL1 Ltd [2023] EWCA Civ 1315: Landlord and Tenant Act 1987 Part I, tenants’ right of first refusal, correct form of s5 notices
John’s property expertise means that he is a natural choice for professional negligence disputes where the defendants are surveyors or other property professionals.
His expertise in relation to claims against legal professionals can be found at the Professional Liability – Legal Professionals section of his profile.
Relevant Work:
Acting for claimant in £6m claim against surveyor in relation to negligence in claim for compensation for land compulsorily purchased for London Olympics
Acting for defendant managing agents sued for failing to organise repairs to new-build block of flats in Battersea
Acting for insurers of surveyor in relation to claim for negligence arising out of a rent review
Acting for farm business agents in claim arising out of disputed succession to tenancy of an agricultural holding
Acting for claimant in claim against building inspector for negligence in connection with survey of a development site
Acting in claim against architect for negligence in connection with planning application for redevelopment of an 18th century pavilion at Hampton Court Palace
John has a particular expertise in property-related professional negligence disputes where the defendants are solicitors or barristers. He is the editor of “Risk and Negligence in Property Transactions” published by the Law Society in September 2018.
His expertise in relation to other property professionals can be found at the Professional Liability – Property Professionals section of his profile.
Relevant Work:
Acting for an investment fund in substantial professional negligence claim following lease of disused church land on disadvantageous terms
Acting for caravan site owner in £13m professional negligence action against firm of solicitors following negligent planning advice
Acting for defendant solicitor in 40 linked cases where deposits paid to a UK agent for apartments in a Spanish property development lost on developer’s insolvency
Acting for claimant in claim against barrister for negligent advice in relation to planning permission for redevelopment of site
Acting for claimant in claim against two firms of solicitors for negligence in connection with advice given on leases and pre-emption agreements in relation to prime central London property
Acting for claimant against former solicitors in £5m claim relation to defective drafting of overage clause
John regularly advises and acts for insurers in relation to policy and coverage issues, particularly in the field of professional indemnity insurance. He also advises and acts on liability issues where he is a specialist in defending claims against solicitors, surveyors and other professionals arising out of property and planning related matters.
Following his involvement up to the House of Lords in the leading case on economic torts OBG v Allan,John has developed a particular expertise in claims arising out of civil fraud – in particular cases involving the misappropriation of trust funds, diversion of business opportunities, misuse of confidential information and breach of fiduciary duty.
Advising in Bahamas case about breach of trust and diversion of business opportunity in hotel and leisure development
Acting for Receivers appointed by the SFO in connection with tracing the beneficial interest of convicted criminal in property
Directory recommendations
John is recommended in Chambers UK and The Legal 500 both for property litigation and professional negligence. He is also recommended by The Legal 500 as a mediator and as real estate and also professional negligence silk by Who’s Who Legal. He is described as:
“John de Waal KC is ’calm and pragmatic, and gently steers parties towards common ground.’” (The Legal 500 2025, Mediators)
“John is very practical, pragmatic and user-friendly. John demonstrates good in-depth knowledge of professional negligence in the property sector.” (The Legal 500, Professional Negligence)
“John is able to see through the confusion and noise created guiding you to a strong commercial resolution. He is knowledgeable, measured and good with clients.” (The Legal 500 2024, Property Litigation)
“John de Waal KC is a go-to mediation silk for property and professional negligence matters.” (The Legal 500, 2024 Dispute Resolution – Mediators)
“John always works quickly and turns things around within the timelines originally quoted. He is very knowledgeable about all areas of law and he is a real motivating force.” (Chambers and Partners 2024, Professional Negligence)
“John provides concise, pragmatic and commercially sound advice.” (Chambers and Partners 2024, Real Estate Litigation)
“It is always a pleasure to work with John. Clients appreciate the ‘to the point’ advice on prospects.” (Chambers and Partners 2024, Real Estate Litigation)
“John is highly experienced and quietly confident in his expertise.” (Chambers and Partners 2024, Real Estate Litigation)
“John is really user-friendly and extremely capable.” (Chambers and Partners, 2023)
“He’s proactive in his handling of the matter, giving the client clear and understandable advice. He was always available to answer any questions which arose during the claim.” (Chambers and Partners, 2023)
“I wouldn’t hesitate to instruct him on any professional negligence matter.” (Chambers and Partners, 2023)
“John is technically very good.” (Chambers and Partners, 2023)
“A silk who is great to have on your team; John is personable, commercial and insightful. At trial-time, he is completely focused on how he can win the case. His advocacy style is tailored to appeal to whichever judge is in front of him, adopting a psychological approach which gives him an edge.” (The Legal 500, 2023)
“A silk who provides accessible advice, and has in-depth knowledge of both property and professional negligence law.” (The Legal 500, 2023)
“He is a very good team player with the solicitors and enjoys a very good rapport with clients. John is able to convey complex argument simply and eloquently, both in writing and in advocacy.” (Legal 500)
“He provides excellent, sharp and issue-focused advice.” (Legal 500)
“Very much a team player, responsive and good to deal with. He picks up good points and gives clear commercial advice.” (Chambers UK)
“He is very commercial, gives realistic assessments of chances and is good on tactics.” “He is approachable and gets right into the detail.” (Chambers UK)
“He gets to the point immediately and deals very adeptly with the client, even if they are unfamiliar with the area of law. It’s a really pleasant and a thoroughly modern approach.” “He has expert knowledge of the law and an authoritative air, and gives you an answer rather than a range of options.” (Chambers UK)
“Razor-sharp legal mind which is alive to the practical application of the legal analysis.” (Chambers UK)
“He has an exceptional knowledge of the law and an excellent ability to provide clear, concise advice.” (Legal 500)
“He is effective and persuasive, even under extreme fire.” (Chambers UK)
“Puts a lot of thought into strategy and is very easy to work with.” (Legal 500)
“…provides good clear advice at the outset. He can deal with difficult clients and understands the drivers behind the decisions made by insurers.” (Legal 500)
“Ruthlessly commercial, client-focused and supportive.” (Chambers UK)
“His calm, self-assured manner instils confidence in clients.” (Legal 500)
Professional associations
British Insurance Law Association
Property Bar Association
Professional Negligence Bar Association
Publications
Risk & Negligence in Property Transactions (The Law Society) – 2nd edition to be published in 2022.
Risk & Negligence in Property Transactions (The Law Society) – 1st edition published in 2018.
Gatehouse Chambers shortlisted in 10 categories at the Legal 500 Bar Awards 2024
09/07/2024
MIPIM 2024
07/02/2024
Loss of a chance – where are we now?
24/11/2023
Court of Appeal success for John de Waal KC and Gemma de Cordova in a case concerning a landlord’s compliance with the obligation to serve offer notices pursuant to section 5 of the Landlord and Tenant Act 1987 and the correct interpretation of section 5A where section 5(3) applies – FSV Freeholders Limited v SGL 1 Limited [2023] EWCA Civ 1318
14/11/2023
Should mediation be compulsory?
30/05/2023
John de Waal KC joins The Property Mediators
18/05/2023
MIPIM 2023
15/02/2023
Dentons and John de Waal KC unpick the Access to Neighbouring Land Act 1992 – what you need to know
28/11/2022
John de Waal KC and Charles Bagot KC shortlisted at the Chambers UK Bar Awards 2022
01/09/2022
Past events
Professional Liability Conference 2024
21/11/2024
Freehold Fisticuffs – dealing with common disputes affecting freehold land
19/06/2024
MIPIM 2024
12/03/2024
Professional Liability Brew: Axis Specialty Europe SE v Discovery Land Co LLC [2024] EWCA Civ 7
01/02/2024
How the Supreme Court decision in Griffiths v TUI will affect every civil litigation specialist and trial lawyer
Professional Liability Online Seminar Series – Surveyors’ negligence
02/12/2021
Guarantors in commercial property transactions
23/11/2021
Hardwicke Brew – Restraint of Trade
03/02/2021
#HardwickeBrew – Break the log jam with online ADR – Online mediation: practicalities and tips
07/05/2020
John de Waal QC to act as mediator and judge at the 15th ICC International Commercial Mediation Competition
06/02/2020
Law Society Property Bristol Workshop – Risk & Negligence in Property Transactions
06/11/2018
Newsletters
Property Newsletter: Christmas 2019
12/12/2019
Videos
Professional Liability Brew: Axis Specialty Europe SE v Discovery Land Co LLC [2024] EWCA Civ 7
02/02/2024
Professional Liability Conference 2023 – Causation, coverage, costs and quantum: keeping the plates spinning in a professional liability mediation
15/11/2023
Professional Liability Conference – Solicitors’ liability and scope of duty in property matters
13/12/2022
Guarantors in commercial property transactions
28/01/2022
Property #Brew: Christmas Carols and the Law
20/12/2021
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