Carl is a Partner in our real estate litigation team in London. He advises clients on a broad range of complex property law issues and is particularly well recognised for his expertise in advising both developers and renewable energy clients.
He has a wealth of experience in advising property developers and investors, and regularly works with both residential property developers (including strategic land investors, promoters and housebuilders) and commercial property developers (including logistics developers and operators). He advises on the full range of property law issues which affect developments, including: rights of way and easements; trespass; nuisance and negligence; breaches of leases and contracts; overage; mines and minerals; business rates; restrictive covenants; highways law and drainage law.
Carl also acts for businesses which operate in the Energy & Utilities sector, and has developed a market leading reputation for advising renewable energy developers, investors and operators on property issues affecting their generation sites. He is frequently sought out for his advice on index linked rent reviews and "double compounding rent review" clauses, having successfully acted in the leading case on this issue. Carl leads Smart Power, Osborne Clarke's specialist service for green energy asset managers.
In addition, Carl regularly advises on professional negligence claims arising out of property transactions.
The Legal 500 describes Carl as "a real star" with "a seriously good legal brain" as well as "pragmatic, commercial, and fantastic at explaining the key issues in simple terms".
Carl is a member of the Property Litigation Association.
Carl Roche is leading the way with cutting edge renewable energy work in the London office and is a top choice for energy disputes. The kind of relentless litigator you really want on your side of a dispute, but also a great team player and easy to work with.
Energy Generation
MonSolar IQ Ltd v Woden Park Ltd [2021] EWCA Civ 961
Successfully representing a solar farm operator in both he High Court and Court of Appeal in a case concerning the correct interpretation of a rent review provision in a solar farm lease.
Property Investor
Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Others UKSC 2017/0083
Acting for the principal appellant in the leading Supreme Court case concerning the enforceability of recreational easements.
Energy generation
Acted for a major UK energy company in securing a High Court order for the eviction of climate change protestors from a coal-fired power station.
Developer
Represented the landowner in High Court proceedings concerning allegations of fraudulent misrepresentation arising out of a multi-million pound redevelopment of a prominent Central London property.
Valuation Surveyor
Dawn Bunyan (Valuation Officer) v Acenden Ltd
Acting for the rating surveyor which represented the respondent rate payer in a leading business rates appeal to the Upper Tribunal (Lands Chamber)
Insights
Biodiversity requirement for new projects looms in 2023
Smart Power | Repowering green energy assets, battery storage co-location, and sustainable disruption
Co-locating battery storage
Time to repower?
Smart Power | Planning considerations, transition to SONIA and RPI rent review clauses
Welcome to the second edition of Smart Power, Osborne Clarke's specialist service for asset managers within the green energy sector.
Property: what can I do about the 'double compounding' RPI rent review clause in my lease?
Many property portfolios in the UK include an asset which is blighted by a lease that contains a "double compounding"...
Compounding matters – Court of Appeal finds for solar tenant in 'double compounding' RPI rent review dispute
Tenants can take some comfort that the courts will be prepared to accept that (unless clearly intended to be deliberate)...
Smart Power | Asset optimisation and risk management
Welcome to the first edition of Smart Power, Osborne Clarke's specialist service for asset managers within the green energy sector...
Financial performance through risk management: legal risks
The second part of the series on risk mitigation for energy investors assesses ways that legal risk can be managed...
Enhancing the financial performance of energy assets: understanding legal obligations
As the regulator Ofgem becomes increasingly interventionist, it pays off to be aware of directors' duties, health and safety risks...
UK government extends restrictions on commercial landlords' enforcement options
The existing restrictions on commercial landlords' ability to take enforcement action against commercial tenants who are in arrears of rent...