News
Lease or Licence? Further clarification given by the Court of Appeal in property guardian case
11 January 2022
Benjamin Willis
Senior AssociateLondon
Email [email protected]hoganlovells.com
Phone +44 20 7296 5564
Fax +44 20 7296 2001
Practice groupCorporate & Finance
As a key member of our Top Tier and Band 1 rated Real Estate Disputes practice, Ben Willis works with a broad range of stakeholders including institutional landlords, financial institutions and real estate funds. Ben advises on all manner of property disputes covering a vast range of issues, always with a focus on helping clients find the best solutions to their complex property related problems.
Ben has experience in dealing with an array of property related matters ranging from multimillion pound construction disputes to property related fraud. In addition, Ben has experience advising clients seeking to obtain vacant possession of property for development both regionally and in Central London. Ben also has significant experience dealing with a range of property disputes in an insolvency setting, including advising on multiple CVAs and Restructuring Plans.
Ben is a regular contributor to our Engage legal insight and analysis platform, in addition to contributing to external publications.
Awards and recognitions
2022
Top Tier Property Litigation Team
Legal 500 UK
2022
Band 1 Real Estate Litigation Team
Chambers and Partners UK
Education and admissions
Education
L.P.C., BPP University Law School, Distinction, 2012
B.A. (Jurisprudence), Oxford University, 2011
Memberships
Property Litigation Association
Representative experience
Acting for an institutional landlord of a flagship store on Oxford Street in successful High Court proceedings against a former tenant's guarantor to recover in excess of £5m of unpaid rent.
Successfully appealing to the Court of Appeal on a point of EU sanctions law enabling a sovereign wealth fund to enforce a €12.5m loan through bankruptcy proceedings.
Securing permission in the High Court for an institutional landlord against the administrators of a nationwide retail chain to forfeit the leases of five retail park units.
Achieving victory at court for landlords to be reimbursed rental discounts imposed under a CVA following the collapse of the retailer BHS.
Obtaining forfeiture of a 125 year lease of a department store for failure to trade unless liquidators completed a sale within 3 months.
Advising a number of NCP's landlord in their successful, and ground-breaking, opposition to NCP's restructuring plan.
Advising multiple institutional landlords in cases concerning high-profile CVA challenges, including the New Look CVA.
Latest thinking and events
News
UK COVID-19: The new arbitration scheme on COVID arrears – some questions and answers
09 November 2021
News
UK COVID-19: Government introduces mandatory arbitration scheme for pandemic rent arrears
09 November 2021
News
The UK High Court considers the impact of COVID-19 on rent assessment in lease renewal proceedings
22 June 2021
News
UK COVID-19: Government announces further extension to protections for commercial tenants
10 March 2021
Hogan Lovells Publications
UK COVID-19: Government announces “final” extension to protections for commercial tenants Keeping It Real Estate
09 December 2020
