Name:
Shaw Kelly
Year of Call:
1997
Inn:
Middle Temple
Languages spoken:
Greek
Area of Expertise:
Property & Planning Law
Landlord & Tenant & Commercial Leases
Civil
Practice Summary:
Boundary & Property Disputes Party Wall etc Act 1996 Landlord & Tenant (Residential & Commercial) Planning Appeals Injunctions First Tier Tribunal (Property Chamber) - Service Charges and Land Registration
Biography:
Shaw is regularly and primarily instructed in matters relating to the Party Wall etc Act 1996 and boundary disputes. He counts among his clients individuals and owners of residential property as well as Local Authorities and Housing Associations and commercial organisations with large property portfolios. He is an Honorary Member of the Faculty of Party Wall Surveyors and provides seminars and talks on issues as diverse as obtaining injunctions where property is threatened to Appeal issues arising under the Party Wall etc Act 1996. Advice is given as well as services including Drafting, and attendance at Mediation/ADR on behalf of clients. Shaw has been a 'Direct Access' counsel since 2005 and is known for his approachable manner outside of court and affable, whilst still professional, stance in court. He has a reputation for dealing with difficult neighbour disputes in an understanding manner, and obtaining particularly favourable results in sensitive and direct negotiated settlements where needs be. Shaw appears for his clients in courts and tribunals as diverse as: The First Tier Tribunal (Property Chamber), the County Court, High Court, Court of Appeal and has also appeared in the Supreme Court.

Notable Cases

  • Silverstream Investment Holding Ltd v Susan Rodgers - Mayor & City of London County Court, unrep. 2015 - invalidity of s.10 Party Wall Award
  • Austin v Mayor and Burgesses of the London Borough of Southwark [2010] UKSC 28 (Supreme Court)- Article 1 of Protocol 1 ECHR, Housing
  • R (on the application of Byrne) v Commissioner of Police of the Metropolis (2010) [2010] EWHC 3656 (Admin)
  • The London Borough of Southwark LBC – v- Persons Unknown - Lambeth County Court, unrep. 2006 - First ever residential injunction in the jurisdiction against persons unknown causing anti-social behaviour and trespassing
  • The London Borough of Wandsworth –v- Khan [2004] HC Ch D
  • The London Borough of Southwark –v- Warren [1999] CA

Seminars

Faculty of Party Wall Surveyors (Hon)

Interests

Maintaining a collection of dusty Law Books, Pub Quizzes and Arsenal Football Club.

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Education & Awards:
BA (Hons) BVC