John de Waal KC is a leading commercial property silk specialising exclusively in property litigation and property-related professional negligence disputes. He has appeared in all types of court in England and Wales up to the Supreme Court.
As a property barrister, John acts for claimants and defendants and his clients are usually developers, owners of commercial property, landowners, managing agents, landlords/tenants, and insurers.
Clients appreciate John’s calm decisiveness, the clarity of his advice and communication and his dedication to each case. The scale of John’s experience in real estate disputes allows him to see clearly the commercial objectives of his clients and work strategically towards the outcomes he wants to achieve for them in court or otherwise.
John is regularly instructed in complex litigation in the Business and Property Courts and the Court of Appeal. Amongst his current workload is a case which raises the question of which circumstances are required for a lease to be frustrated, Into Nominee One Ltd v Study Group Ltd, and in the autumn he returns to the Court of Appeal in SGL1 Ltd v FSV Freeholders Ltd (No. 2), an appeal which examines the question of what is a ‘building’ for the purposes of the Part I of the Landlord and Tenant Act 1987. John also 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 experienced at expert determination and is a sought after mediator for property disputes. He is a member of The Property Mediators.
John is the editor of “Risk and Negligence in Property Transactions” published by the Law Society in 2018.
The independent legal directories, The Legal 500 and Chambers and Partners, rank John in the top tiers for his practice areas, and he was previously named Real Estate, Environment and Planning Silk of the Year at The Legal 500 Awards.
John advises and acts for commercial landlords and tenants in cases involving break clauses, dilapidations, contested assignments, lease renewals, forfeiture and the Building Safety Act. John also advises and acts on agricultural tenancies.
Acting for the landlord of commercial premises on a claim for specific performance of three leases in a case valued at £68m
Acting for a tenant of commercial premises which could not be occupied because of cladding issues in a case about whether the lease has been frustrated
Acting for a tenant of commercial premises on a contested surrender of the lease
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 relations to issues that arise on site assembly, the exercise of options and pre-emption agreements, overage and land promotion agreements. He has particular expertise in rights to light and party wall disputes.
John 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 insures and professional indemnity insurers.
His cases tend to concern options, covenants, easements (in particular to light) as well as rent charges and cases concerning the beneficial ownership of land.
John is experiences in dealing with long leases 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 the Building Safety Act 2022.
Relevant Work:
Acting for the landlord of a large residential block in Fulham in relation to service charge issues
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 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 2018.
Relevant Work:
Acting for claimants in a £2m claim who lost their home and business following the negligent drafting of a pre-emption agreement
Acting for the defendant solicitor in a case involving negligence in the operation of a break clause
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.
Relevant Work:
Acting for the claimant in a claim for money invested in a residential development under a ‘Quistclose Trust’ that has been moved offshore
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:
“As an advocate he is a master of his brief and fights tenaciously for his clients. He is oil on troubled waters when the tension is rising in litigation, and can take the heat out of situations easily.” (The Legal 500 2025, Property Litigation)
“He is very down to earth and easy to discuss ideas and tactics with. He is an expert in his field.” (The Legal 500 2025, Professional Negligence)
“John de Waal KC is ’calm and pragmatic, and gently steers parties towards common ground.’” (The Legal 500 2025, Mediators)
“John’s advice is always clear and to the point.” (Chambers and Partners 2025, Real Estate Litigation)
“John is a no-nonsense, talented silk who provides clear advice.” (Chambers and Partners 2025, Real Estate Litigation)
“He is very helpful and thorough.” (Chambers and Partners 2025, Professional Negligence)
“He is charming and very commercially astute.” (Chambers and Partners 2025, Professional Negligence)
“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) – 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
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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