Property law

Property law cases range from multimillion-pound development disputes to residential possession claims against tenants in arrears. This wide-ranging field covers matters such as landlord and tenant disputes, mortgage claims, and interests in land.

A property law barrister’s work

Some hearings are relatively straightforward but the vast majority of cases are more complex, with issues relating to establishing the facts or the applicable law, or both. Clients include sophisticated multinational property companies, social housing landlords, mortgage providers and residential tenants complaining that they live in an uninhabitable flat. Those who can afford to instruct barristers tend towards the corporate end of the spectrum.

The amount of time spent in court varies. At the very junior end, practitioners can expect to be in court several times a week, usually for anything from five minutes to a full day. The amount of time spent in court varies significantly between chambers, and it is worth ensuring that you are applying to a chambers that will offer what you want. There is then a sliding scale as experience increases – court visits become less frequent, but usually more substantial.

All-nighters are rare, although during trial in particular, hours can be very long. Most practitioners can plan ahead, and there are rarely weighty last-minute briefs, making work hours fairly consistent. This area is paper heavy, however.

Property law barristers need to be able to approach sensitive matters appropriately, but candidates with hearts that rule their heads may find some aspects of the job hard to deal with. It can be difficult explaining to clients that the Court Service is under such pressure that it can take many months before justice can be dispensed on even very simple matters.

What’s new in property law?

There has been an increase in tribunal work, and hearings before the adjudicator to the Land Registry. Recent developments of note include getting to grips with the effects of Oxley v. Hiscock and Stack v. Dowden. See, for example, the Court of Appeal in Jones v. Kernott.

Is property law recession-proof?

The quantity of work did appear to fall as a result of the global downturn. Work levels have picked up again in all traditional areas but there is more of an emphasis on the insolvency aspects that are tangential to most property work.

What skills do property law barristers need?

• Analytical and academic ability.
• Confidence and clarity in front of courts and clients.
• Willingness to put in the hours when required.
• You must be able to communicate your views persuasively and produce high-quality written work.

Property law pupillages

Pupils are generally expected to work a solid business day, with limited expectation of excessively late hours, although that can change in the second six. Pupils tend to be involved in all aspects of their supervisor’s workload, and often undertake legal research or provide preliminary drafts of documents or cross-examination notes.

Types of law practised

• Land.
• Contract.
• Tort.
• Principles of equity.
• Administrative law.

Jonathan McNae is a barrister at Selborne Chambers. He studied law at Cambridge and was called to the Bar in 2001. His practice encompasses all aspects of landlord and tenant law, real estate, mortgages and equitable interests in property.