Philip Marriott

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  Philip’s recent CDR work has included:

  • Advising (unled) on a fraud claim valued at over £1 million.
  • Representing the Claimant, led by John de Waal KC, in a multi-million-pound claim arising out of a property development. The case also raised issues of jurisdiction and service abroad.
  • Successfully representing the Claimant in a one-day trial with allegations of fraudulent misrepresentation.
  • Advising on representing the creditor in obtaining an Order for Sale following a Final Charging Order over company shares to enforce a debt worth over £1 million.
  • Drafting pleadings in a claim arising out of an international investment scheme.
  • Representing the vehicle owner in a motorsport claim involving issues of rectification of an indemnity, and fault in the cause of a crash.
  • Drafting pleadings in a ‘battle of the forms’ dispute arising out of the hire of road traffic equipment.
  • Advising on the scope and applicability of a set off clause in a commercial framework agreement.
  • Advising on the applicability of the Debt Respite Scheme Regulations 2020.
  • Advising and drafting pleadings for an order for sale following a charging order with allegations of sham transactions and transactions to avoid creditors.

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  During pupillage, Philip gained experience of a broad range of commercial litigation, including:

  • Advising on the applicable law in a cross-border dispute concerning introductory agents in a real estate transaction.
  • Assisting a member of chambers with an application concerning alternative service of a claim form out of the jurisdiction.
• Property
  • Commercial landlord & tenant

    Commercial landlord & tenant

    Philip’s recent work in this area includes:

    • Advising a landlord in a commercial service charge dispute following significant capital expenditure.
    • Advising a landlord of a mixed used property in forfeiture proceedings involving questions of validity of assignments and issues under the Landlord and Tenant (Covenants) Act 1995.
    • Drafting Particulars of Claim in a terminal dilapidations claim involving issues of the scope of any defence of supersession.
    • Advising a Local Authority in forfeiture proceedings relating to the lease of a village hall.
    • During pupillage, Philip assisted with a case concerning dilapidations of a large commercial office space.

    Philip also has extensive experience of ‘pub’ cases, concerning issues including forfeiture, tenancies at will, arrears, and conditions of premises.

  • Leasehold & leasehold management

    Leasehold & leasehold management

    Philip regularly acts in leasehold cases involving forfeiture and service charge disputes, both in Court and the FTT. Recent work has included:

    • Representing a Local Authority in a service charge trial before the FTT.
    • Appearing in FTT proceedings against a landlord who had recently been the subject of criticism in the national media. The case raised questions of the Tribunal’s ability to make orders for costs.
    • Drafting FTT proceedings for determinations of breach prior to a residential forfeiture claim.
  • Housing (social & privately rented)

    Housing (social & privately rented)

    Philip has a busy Housing practice, appearing regularly in court on possession, injunction, disrepair, and anti-social behaviour matters. He also has a busy paperwork practice, both advising and drafting proceedings. Philip regularly advises on disrepair cases on questions of liability and quantum.

    Other recent work has included:

    • Successfully resisting a rent arrears claim at a one-day trial arising out of an alleged tenancy agreement entered into by a company’s former director who still appeared on Company’s House.
    • Appearing in an anti-social behaviour possession claim with questions of litigation capacity.
    • Representing the managing agency of a block of flats in a claim arising out of allegedly negligent handling of a disrepair claim.
    • Representing parties in disputes following failure to obtain HMO licences, including proceedings for Rent Repayment Orders and drafting written representations following service of a Notice of Intent.
    • Advising on obtaining vacant possession in ‘rent-to-rent’ arrangements.
    • Acting pro bono in a possession trial with a disrepair counterclaim. The matter settled favourably at the door of court.
    • Advising on possession and other matters following the death of a resident landlord.
    • Advising on complex points concerning the Tenant Fees Act 2019 arising out of s.21 proceedings.

    Philip also has experience with property guardianship matters, including possession proceedings attempting to distinguish the leading Global 100 caselaw. During pupillage, Philip worked with Laura Tweedy on a complex property guardianship dispute involving allegations of harassment and disrepair. Philip also assisted Faisel Sadiq in Ludgate House Limited v Andrew Ricketts (VO) and London Borough of Southwark [2023] UKUT 36, the leading case on the effectiveness of property guardianship schemes as business rate mitigation devices.

  • Real property & mortgages

    Real property & mortgages

    Philip has a busy Real Property practice, both in court and paperwork. Recent work has included:

    • Representing the Claimant, led by John de Waal KC, in a multi-million-pound claim arising out of a property development.
    • A two-day TOLATA trial involving a dispute over a former family home.
    • Drafting an application for an easement by prescription to the Land Registry for a claim
    • Advising on various disputes arising out of a share of freehold ownership structure.
    • A long running multi-party property damage and nuisance claim following works in a high value residential flat.
    • Advising and drafting pleadings for a charging order with related claims of sham transactions and transactions at an undervalue.
    • Assisting Brie Stevens-Hoare KC in a boundary dispute which also involves allegations of harassment and stalking.
    • Advising (led by Emily Betts) on adverse possession of farmland following expiry of a grazing licence.
    • Advising, settling pleadings, and assisting with settlement discussions in a claim against mortgagees for sale at an undervalue.
    • Advising on the enforceability of freehold covenants on a high value private estate.
    • Settling pleadings in a nuisance claim following a leaking pipe adjacent to a golf course.
    • Advising on potential claims against property agents over a failed property development in the Bahamas.

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    Philip gained broad experience in Real Property disputes during pupillage, including:

    • Assisting with drafting pleadings in a proprietary estoppel claim.
    • Assisting Faisel Sadiq in Ludgate House Limited v Andrew Ricketts (VO) and London Borough of Southwark [2023] UKUT 36, the leading case on the effectiveness of property guardianship schemes as rate mitigation devices.
    • Assisting a member of chambers in complex possession proceedings involving subrogation and overriding interests.

    Philip is also a contributor in the forthcoming 2^nd edition of John de Waal KC’s Risk and Negligence in Property Transactions.

• Construction & engineering

  Construction & engineering

  Philip’s recent construction work has included:

  • Advising on a final account dispute involving questions of delay, adequacy of notices, and defective work.
  • Representing a developer in a property damage trial.
  • Representing a Contract Administrator at trial concerning allegedly unauthorised expenditure.
  • Acting as a junior (led by Michael Wheater KC) on a dispute involving the defective renovation of a school hall roof.
  • Appearing in a long running multi-party property damage dispute following works at a residential property.
  • Advising on a property damage claim following a failed pipe in a high value residential property.
  • Advising on a claim for a disputed retention sum after early termination of the building contract.
  • Successfully resisting a claim for payment of adjudicator’s fees where the adjudicator resigned without giving a decision.
  • Drafting pleadings in a ‘battle of the forms’ dispute arising out of sub-contracting the hire of road traffic equipment.
  • Drafting pleadings in various substantial residential building defect claims.

  Philip is a contributor to the 4^th edition of Paul Reed KC’s Construction All Risks Insurance.

  Philip accepts instructions through the Fixed Fee Adjudication Scheme.

  Philip also gained an experience of a range of construction disputes during pupillage, including assisting on FM Conway Ltd v The Rugby Football Union & Ors [2023] EWCA Civ 418 and advising a management company on the remedies available under the Building Safety Act 2022.

• Insurance & reinsurance

  Insurance & reinsurance

  Philip’s recent work in this area includes:

  • Advising a homeowner on questions of coverage following property damage.
  • Representing a major national insurer in a dispute concerning cancellation of a car insurance policy.

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  During pupillage, Philip assisted on FM Conway Ltd v The Rugby Football Union & Ors [2023] EWCA Civ 418, the leading case on the co-insurance defence. He also assisted a member of chambers advising on the ability to pursue claims against a dissolved company’s insurer.

  Philip is a contributor to the 4^th edition of Paul Reed KC’s Construction All Risks Insurance and the NHBC Warranty Chapter in the forthcoming 2^nd edition of John de Waal KC’s Risk and Negligence in Property Transactions.