Mark Robertson

CONTACT

Tel: 01420 81270
[email protected]

AREAS OF PRACTICE

• Dispute Resolution

I am a solicitor in the Dispute Resolution team at Downie & Gadban. I have over 15 years’ experience dealing with civil disputes and help both businesses and individuals navigate a wide range of issues.

My work includes disputes over property (such as landlord and tenant, possession claims, forfeiture, lease renewals, commercial rent recovery, dilapidation claims, breach of restrictive covenants, trespass, private nuisance, rights of way, boundary disputes, adverse possession, co-habitation and trusts of land claims); commercial disputes (such as contractual disputes, shareholder disputes and general debt recovery, as well as personal and corporate insolvency proceedings) and contentious probate (such as disputes about Wills, trusts or how a person’s estate is administered).

I also specialise in complex and high-value professional negligence claims for clients who have been let down by their professionals such as solicitors, surveyors, architects and accountants.

Areas of Expertise

• PROFESSIONAL NEGLIGENCE
• PROPERTY OWNERSHIP & PROPERTY RIGHTS
• COMMERCIAL LANDLORD & TENANT
• BUSINESS / SHAREHOLDER & PARTNERSHIP
• CONTRACT DISPUTES
• DEBT RECOVERY
• PERSONAL & CORPORATE INSOLVENCY PROCEEDINGS
• DISPUTED GOODS & SERVICES
• WILLS & INHERITANCE DISPUTES

An experienced dispute resolution lawyer, Mark is familiar with County Court and High Court matters as well as specialist tribunals such as the First-tier Tribunal (Property Chamber). Previously a senior solicitor at several Legal 500-ranked firms based in both Hampshire and Surrey, Mark understands his clients’ objectives and advises on the best route available, whether through the court or alternative forms of dispute resolution such as mediation and arbitration. The Legal 500 UK, one of the country’s leading independent legal directories, describes Mark “as an expert in professional negligence matters”.

An active listener with an eye for detail, Mark takes a pragmatic and commercial approach, enabling him to regularly deliver early and effective settlements that achieve his clients’ aims.

Property

• Represented a landowner in a boundary dispute, involving ascertaining the true position of the legal boundary, as well as allegations of private nuisance and trespass.
• Represented a cohabitee in a dispute with their former partner, involving making a claim under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration as to the share of the beneficial interest and an order for sale of the jointly owned property, involving issuing a Part 8 claim in the County Court.
• Represented a leasehold owner in promptly applying for and successfully obtaining Relief from Forfeiture under Section 146(2) of the Law of Property Act 1925 to revive and continue the lease as a result of several breaches of the leasehold covenants.
• Represented a landlord in opposing a tenant’s commercial lease renewal under the Landlord and Tenant Act 1954 on the grounds that the landlord required vacant possession as they intended to carry out substantial construction work which had been supported by expert surveyor evidence.
• Represented many private landlords in obtaining vacant possession from tenants on Assured Shorthold Tenancies (ASTs) using Sections 8 and 21 of the Housing Act 1988, involving both undefended and defended claims based on failure to protect the deposit and allegations of unlawful eviction and housing disrepair.
• Represented a residents management company in advising and taking enforcement action for a breach of leasehold covenants regarding unlawfully using the premises as an Airbnb and commercial short-term letting, which had been causing nuisance to other occupiers of the building.

Contract

• Represented a consumer in a breach of contract claim against a building company relating to the construction of an extension on the grounds of poor workmanship and substandard materials used. The claim was swiftly and efficiently settled after the parties engaged with the Pre-Action Protocol for Construction and Engineering Disputes.
• Represented a company in pursuing a six-figure breach of contract claim relating to non-payment of services, including allegations of a lack of consideration and assessment of whether the service provided was carried out with reasonable skill and care. This involved issuing a High Court claim and resolving the dispute in settlement discussions.
• Represented a franchisee in a breach of contract claim against a franchisor for unlawful termination of the Master Franchise Agreement on the grounds that there had been a material breach.

Commercial Disputes

• Represented a purchaser of a business in pursuing a claim under a Share and Purchase Agreement relating to breach of Warranties and Post-Completion Restrictions in relation to dealing with former customers, involving settlement at a formal mediation pre-action.
• Represented a purchaser of a business in pursuing the vendor with an indemnity claim under a Share and Purchase Agreement relating to the Tax Covenant and breach of Warranties.
• Represented a vendor of a business in pursuing payment under a Share and Purchase Agreement, involving allegations of whether there had been a properly formed contract and arguments about its validity and enforceability. The claim was successfully concluded at a formal mediation pre-action.
• Represented a manufacturing company in pursuing a competitor business for copyright and trademark infringement, involving dispatching a cease-and-desist letter and forcing the competitor to destroy all infringing materials and sign binding undertakings.
• Represented a financial services company in pursuing a business for copyright and passing off, leading to binding undertakings and the transfer of infringing web domains to our client.
• Represented a large multinational company in pursuing a former supplier for defamation, malicious falsehood and trademark infringement.

Professional Negligence

• Represented several lenders in pursuing many professional negligence claims against various surveyors and solicitors for breaching their duty of care resulting in a financial loss, including claims relating to overvaluing properties of over £1m and failing to advise on adverse entries on the legal title, resulting in claims being brought in the High Court. These claims were frequently settled during pre-action or at formal mediation.
• Represented an individual in commencing a professional negligence claim against their former solicitor for failing to negotiate a fair and reasonable settlement in a matrimonial divorce.
• Represented beneficiaries of a trust in pursuing a professional negligence claim against their former accountant for failing to sufficiently advise on tax, resulting in HMRC penalties being levied, involving settlement pre-action.
• Represented individuals in pursuing a professional negligence claim against an approved building inspector for failing to exercise reasonable skill and care during redevelopment of their property, involving arguments relating to the scope of the professional’s duty of care, contribution of third parties and a failure to mitigate.
• Represented a purchaser in pursuing a professional negligence claim against their former solicitor for failing to identify and advise on an easement in favour of neighbouring party which adversely impacted on rights of privacy and value of the property.
• Represented a purchaser in pursuing a professional negligence claim against their former solicitor for failing to ensure that the new build had sufficient services and utilities, involving allegations around duty of care, quantum and mitigation of loss.

Mark qualified as a solicitor in 2007, having trained at Larcomes LLP in Portsmouth, where he was retained and worked as a solicitor specialising in civil disputes.

In January 2009, Mark joined Moore Blatch LLP as a solicitor in their Professional Negligence team acting on behalf of lenders, businesses and individuals in bringing claims against former professionals for negligence and breach of contract. Mark subsequently broadened his civil litigation experience by being appointed to lead the Landlord & Tenant team.

In August 2017, Mark joined Wannops LLP in Chichester, West Sussex as a solicitor in their Dispute Resolution team. He handled a wide range of civil disputes for both businesses and individuals based around West Sussex and Hampshire.

In September 2020, Mark joined Herrington Carmichael LLP in Camberley, Surrey as a senior solicitor in their Dispute Resolution team. He handled a wide range of civil disputes including developing his own specialism in Professional Negligence.

In December 2022, Mark joined Downie and Gadban in Alton as a solicitor in their Dispute Resolution team.

Professional Negligence Lawyers Association