Donal is an Associate Director in the real estate disputes team in London. He specialises in commercial landlord and tenant disputes. He has acted in matters concerning all aspects of the Landlord and Tenant Act 1954 and regularly advises on matters relating to dilapidations, service charge, forfeiture, alienation, break notices, possession claims, enforcing agreements for lease and general breach of contract disputes.
Donal acts for a broad range of clients, with a particular focus on real estate funds and investors, together with a number of corporate occupier clients with extensive property portfolios. He is a recommended lawyer in the Legal 500 (2017).
Donal is also an expert in property-based disputes in the Tech, Media and Comms sector – in particular disputes relating to the Electronic Communications Code. Having assisted various Mobile and Fixed Line Operators with the management of their property portfolios he has a wealth of Telecoms sector experience. This experience includes a secondment to act as in-house counsel for Vodafone.
Donal is often invited to give presentations on telecoms issues, such as the proposed reforms to the Electronic Communications Code and on the City of London Standardised Wayleave Agreement. He also provides regular training to clients and intermediaries on all aspects of commercial landlord and tenant disputes.
Investor
Acted on behalf of the successful applicant in the case of UK Leasing Brighton Limited and others v Topland Neptune Limited and another [2015] EWHC 53 (Ch) (heard with Zinc Cobham 1 Limited and others v. Adda Hotels and others), the ground-breaking decision on the reversal of unlawful assignments and associated guarantees.
Corporate Occupier
Acted for a Private Equity fund in the renewal of its head-office lease, in a dispute worth over £7m Possession.
Asset Management
Working in tandem with property agents to manage shopping outlets, shopping centres and other property asset portfolios on behalf of investor clients.
Possession
Enforced a High Court Order for Possession, which resulted in the removal of 40 professional squatters from industrial premises owned by a Pension Fund, and required the co-ordination of 20 High Court Enforcement officers and 100 police officers.
Insights
UK County Court rules in favour of tenant refusing landlord break into renewal lease
How to manage the risk when a UK commercial tenant is 'holding over' at lease expiry
UK Supreme Court rules in favour of landlord in challenges to service charge certificates
Majority upheld the Court of Appeal judgment but with new interpretation of a 'pay now, argue later' regime
Appeal on landlord's challenge to UK company voluntary arrangement settles night before hearing
Gym tenant and guarantor held liable for rent despite restructuring plan
Court of Appeal rules in favour of landlord in Covid-19 arrears claim relating to the Trocadero cinema in London
Parliament announces new Code of Practice and arbitration scheme for coronavirus-related commercial rent arrears
Commercial landlords' enforcement restrictions extended yet again
The government is to extend the restrictions on landlords' ability to take enforcement action against commercial tenants who are in...