Mr Edward Risso-Gill

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Introduction

Edward Risso-Gill has expertise in a broad range of property-related work, including commercial landlord and tenant, property-related professional negligence and insolvency. He has also dealt with public law and Commonwealth cases concerning property rights.

Core Areas

Edward’s practice includes the following core areas:

Landlord and tenant (residential and commercial);

Leasehold enfranchisement;

Mortgages and charges;

Easements and boundaries;

Restrictive covenants;

Conveyancing;

Equitable proprietary remedies;

Co-ownership and trusts of land;

Property-related professional negligence;

Property-related insolvency.

Landlord and Tenant The majority of Edward’s landlord and tenant work concerns
commercial leases. It has included central London high street lease renewals with
well known national multiple lessees.

Covenants Edward has recently represented the Defendant in a claim to enforce the burden
of a positive covenant against a freehold successor-in-title.

Conveyancing Edward has had particular experience in claims for damages following the
breach of conveyancing contracts and collapsed conveyancing chains.

Property-related Professional Negligence He is currently instructed before the Chancery
Division, led by Tom Leech QC, in a claim against solicitors by 214 buyers and lenders in Mediterranean property developments, for professional negligence, breach of trust and breach of contractual duties as escrow agents.

Other related Areas of Practice

Administrative and Public Law Edward is instructed by a Commonwealth government in relation to a dispute involving public and planning law and the right to compensation for expropriation of property under the Constitution, as a result of the designation of land as a World Heritage Site.

Judicial Committee of the Privy Council Edward appeared for the Government of Mauritius, led by
Geoffrey Cox QC, in a leading Mauritian property case concerning the proper construction of a ‘bail permanent’ (permanent lease) granted by the colonial government in 1901 (Raphael Fishing Company v State of Mauritius & Anor [2008] UKPC 43). He has experience of dealing with the law of property under the Napoleonic code and related French jurisprudence.

He recently appeared before the JCPC in a case which concerns the interface between public and private law in relation to the termination of leases.

Languages

French and Spanish

Publications

 'Value Judgment’ Estates Gazette 13 June 2009, p.88 (an examination of the Wroth v Tyler principle in the assessment of damages for failure to complete on a conveyance)

‘Home Truths’ Estates Gazette 10 July 2010, p.76 (anticipating the new avenue of defence opened up by the decision of the Supreme Court in Manchester City Corporation v Pinnock for Hammersmith v Monk, joint tenancy/notice to quit cases).