Victoria Dacie-Lombardo

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  Victoria accepts instructions in all areas of commercial work.

  Recent work highlights have included:

  • Successfully obtaining a money judgment pursuant to the terms of a personal guarantee given by a company director.
  • Appearing on behalf of a defendant retailer in a one day trial of a claim under the Consumer Rights Act 2015.
  • Successfully defeating a judgment debtor’s application to pay a commercial debt by instalments. Victoria secured a substantial indemnity costs award for the client.
  • Advising a client in relation to the enforceability of their standard terms of business.
  • Acting for the successful defendant in a one day trial of a trespass claim following the seizure and sale of goods.
• Property
  • Commercial landlord & tenant

    Commercial landlord & tenant

    Victoria has extensive experience of working with commercial landlords and tenants including:

    • Advising an institutional landlord in relation to cessation of rent issues under multiple leases within their portfolio during the Covid-19 pandemic.
    • Advising a UK property fund in relation to a multi-million GBP mid-term dilapidations dispute.
    • Advising a major private equity fund in connection with various issues in respect of a prime London mixed-use estate, including:
      • A significant pre-action development dispute which incorporated elements of art & insurance law.
      • A high value residential service charge dispute.
      • The forfeiture of an art gallery lease and related bailment issues.
      • A debt recovery project worth c.£750,000.
      • Numerous breaches of covenant issues including nuisance connected to the discharge of cooking waste from commercial premises.

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    Other notable experience includes:

    • Acting for Curzon Cinemas in relation to a high-profile noise nuisance dispute & forfeiture claim, in respect of flagship Mayfair premises.
    • Advising commercial clients in connection with contested applications for consent to assign under s.19 of the Landlord & Tenant act 1927.
    • Advising a corporate occupier in connection with a high value service charge dispute and related claim arising out of breach of a landlord’s covenant for quiet enjoyment/ derogation from grant.
    • Acting for landlord clients in respect of urgent trespass actions in relation to high value/ historic central London premises including: RMC LH Co. Ltd & Another -v- Persons Unknown [2015] 4274 (Ch) and (during her training contract) Sun Street Properties Limited -v- Persons Unknown [2011] EWHC 3432 (Ch).
    • Advising a corporate occupier in connection with the effect of non-registration of restrictive covenants across a portfolio of leases.
    • Regularly acting for clients and advising them in connection with opposed and unopposed lease renewal proceedings including in connection with substantive litigation. Victoria is experienced in assisting with all phases of the litigation process including the preparation of witness and expert evidence. She is used to working with experts across various disciplines including valuation. Victoria has extensive experience of advising clients in relation to opposed renewal proceedings under grounds (f) and (g) and in connection with the requirement for landlord’s redevelopment break options. During her training contract, Victoria was involved in the Humber Oil Terminals Trustee litigation, concerning an opposed lease renewal of a major UK oil refinery.
    • Regularly advising clients in connection with guarantees and AGAs in respect of commercial leases including:
      • Advising a property fund in respect of the enforcement of obligations under personal guarantees provided in respect of pub company leases.
      • Advising a commercial tenant in connection with its landlord’s requirement for a guarantee in the context of unopposed lease renewal proceedings.
      • Advising a corporate occupier in relation to the inadvertent release of parent company guarantees across a significant number of leases.
      • Advising a client in respect of the validity of notices served under s.17 of the Landlord & Tenant Act (Covenants) Act 1995 and, relatedly, the anti-avoidance provisions of s.25 of the 1995 Act.

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    Additional recent experience includes:

    • Acting for a client in connection with a fraudulent misrepresentation claim relating to a lease of commercial premises.
    • Acting for a client in respect of the resolution of disputed lease terms using the PACT process.
  • Development & planning

    Development & planning

    Victoria is experienced in advising and acting for clients in connection with major UK developments. Particular experience includes:

    • Advising numerous clients in respect of development constraints and vacant possession strategy.
    • Advising a UK property fund in relation to a long running development dispute concerning the redevelopment of a multi-let commercial building. The dispute included issues relating to nuisance, breach of quiet enjoyment/ derogation from grant and forfeiture.
    • Advising a major UK infrastructure operator and landlord in connection with the recovery of possession and control of a significant asset which subject to a protected business tenancy.
    • Advising a housing developer in connection with the retention of advance payments under a sale and purchase contracts and the application of the “deposit rule”.
  • Residential

    Residential

    Victoria has a busy residential property/ housing practice and regularly represents landlords in connection with possession proceedings, disrepair claims and related issues.

    Recent instructions include:

    • Advising a social housing landlord in respect of potential Judicial Review proceedings arising out of a refusal to re-house a tenant and on related disrepair issues.
    • Securing multiple possession orders for a social housing provider in respect of secure tenancies under the Rent Act 1977
    • Successfully defeating an application to set aside a possession order and warrant of possession in respect of a high value London property.
    • Acting for a student accommodation provider in respect of a claim under the Equality Act 2010.
    • Acting (with Lina Mattsson), for the Claimant in a complex residential possession case between family members.

     

  • Real property & mortgages

    Real property & mortgages

    Victoria has experience of various types of real property work and has been involved in a number of reported and unreported cases including:

    • Berkeley Square Investments Limited -v- Berkeley Square Holdings Limited [2019] UKUT 0384 (LC) [2020] L.&T.R II where she acted for the successful applicant in connection with an application to modify the user covenant in a historically significant Mayfair townhouse, in order to permit use as a private members’ club.
    • Kain -v- McDonald [2019] – unreported, Guildford County Court. Victoria acted for the successful Claimant/ Part 20 Defendant in connection with a possession claim and proprietary estoppel counterclaim relating to high value residential property.

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    Other notable experience includes:

    • Acting for the owner of a landed estate in connection with a restrictive covenant dispute and successfully obtaining an urgent interim injunction in under 24 hours.

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    Recent experience includes:

    • Being led by Lina Mattsson, acting for the defendant/ applicant in a claim for specific performance pursuant to s.2 of the Law of Property (Miscellaneous) Provisions Act 1989 and related application for summary judgment.
    • (During pupillage) assisting Jonathan Titmuss in connection with a land registration dispute relating to a high value London property.
    • Advising and drafting pleadings in respect of a residential boundary dispute.
    • Advising a client in respect of a potential adverse possession claim in respect of a prime London property.
    • Successfully obtaining final charging orders in a co-ownership dispute and seeking a subsequent order for sale.
• Insolvency & restructuring

  Insolvency & restructuring

  Victoria accepts in instructions in all areas of insolvency work, and has a particular interest in property related insolvency issues.

  As a solicitor, Victoria regularly advised landlord clients in connection with the effect of CVAs, Administration and Liquidation, particularly in relation to a number of high-profile retail & leisure tenant entitles.

  During pupillage, Victoria worked on a number of insolvency matters, including assisting Jonathan Titmuss in connection with an application by Joint Liquidators to sell a distressed asset free from encumbrances pursuant to Paragraph 71 of Schedule B1 to the Insolvency Act 1986.

  Other recent experience post-pupillage has included:

  • Advising liquidators in connection with potential misfeasance claims against the Directors of an insolvent company.
  • Appearing for a creditor in respect of a winding up petition.
• Private client

  Private client

  Victoria accepts instructions in all aspects of chambers’ private client practice and has particular experience in respect of TOLATA claims.

  Recent work highlights include:

  • Achieving a successful outcome for her client at mediation in a TOLATA dispute between family members concerning an alleged common intention constructive trust/ resulting trust in respect of a buy-to-let property portfolio.
  • Advising a beneficiary on potential claims in respect of a property which was purportedly bequeathed in a will but had passed by survivorship to a non-beneficiary. Relatedly, advising on potential claims against executors in negligence.
  • Successfully securing the substitution of executors pursuant to an application under s.50 of the Administration of Justice Act 1950, in order to expedite the administration of an estate.
  • Advising on and appearing in an application concerning the addition of personal representatives to a landlord & tenant claim.