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Stephanie Tozer

Called 1996

Stephanie Tozer

Stephanie has for several years been ranked in the top band for property litigation juniors by the Legal 500, Chambers and Partners and Who’s Who Legal. She is regarded by the market as a “robust advocate”, who “provides quality advice” and is “extremely bright” and “very easy to work with”.  She has appeared in Courts at all levels, from the House of Lords to the County Court, and in both the First Tier and Upper Tribunals.  

Stephanie litigates a wide range of property-related disputes, including all aspects of commercial and residential landlord and tenant work (including in particular dilapidations cases) and property-related professional negligence claims. She is known for getting up to speed on unfamiliar areas quickly: as a result, she has advised about the law relating to allotments, markets and compulsory purchase compensation.  She has particular expertise in the following areas:

  • Real property / development/ land registration:  construction/rectification of documents of all types, including leases, charges, overage provisions and sale contracts; valuation issues; specific  performance; site boundary issues; adverse possession; easements; restrictive covenants; beneficial interests and proprietary estoppel; priorities/title problems and alteration of the register. Stephanie sits as a part time Judge of the First Tier Tribunal (Property Chamber) (Land Registration), where she determines cases raising some of these issues.  She is not precluded from accepting briefs to appear in the FTT, or appeals from the FTT.   
  • Telecoms: Stephanie has appeared in several of the important recent cases in this field, including Crest Nicholson v Arqiva [2015] (service of a paragraph 21 notice during the fixed term) and  Vodafone v Brophy [2017] (consideration payable when rights granted by the Court).
  • Mortgage and fixed charge receivership: Stephanie has litigated mortgage shortfall claims (including West Bromwich v Wilkinson [2005]), claims arising from mortgage or conveyancing fraud and claims brought by receivers.     

She has a wide range of clients, ranging from private individuals to multinational corporations, and is experienced in dealing with high value complex claims.  By way of example, she is presently instructed in a claim for over £20 million for an alleged failure to provide services for many years under a commercial lease of a well known building.  She is happy to work as part of a team, either being led or leading others (or both) when the case requires it.  

  • Education
    • MA (Oxon) - Jurisprudence (BA First Class)
    • ICSL - Outstanding (3rd overall)
    • French - Diplome de Francais des Affaires 2eme degree (DFA2) avec Mention Tres Bien (2008) (Diploma in Advanced Business French with Distinction)
  • Professional
    • Called 1996 Lincoln's Inn
    • Judge of the First Tier Tribunal (Property Chamber) (Land Registration)
    • CEDR Accredited Mediator
    • Chancery Bar Association (former committee member)
    • Property Bar Association
    • Nominated for Real Estate Junior of the Year by Chambers and Partners in 2010
  • Recent Cases

    These are some of Stephanie’s cases which have reached a contested hearing:

    • Rashid v Rashid (2017) – Upper Tribunal considered the scope of the rule in Parshall v Hackney, and the ex turpi causa defence in the context of a claim to adverse possession by a claimant who had been involved in a fraud
    • Vodafone v Brophy (2017) – County Court – Court determined consideration payable for rights under paragraph 5 of the Electronic Communications Code 
    • Ittihadieh v Metcalfe (2017) – Ch D Master – important case on practice relating to charging orders: consideration of what information needs to be disclosed and the consequences if it is not
    • Mendoza v Quinn [2016] – High Court – successfully resisted an application for a stay of enforcement of a possession order relating to a nightclub, on the basis that there was no real prospect of its appeal against a decision to lift a stay for breach of conditions succeeding.  
    • Lowe v William Davis [2016] – FTT (Property Chamber)(Land Registration) – successfully persuaded the Judge to determine the location of the boundary on a determined boundary application, despite the plan being inaccurate.
    • Ittihadieh v Metcalfe [2016] – High Court – application for pre-action disclosure in conspiracy claim 
    • Unique v Quinn [2015] – Court of Appeal – acted on behalf of pubco in successfully resisting an application for permission to appeal
    • Crest Nicholson v Arqiva [2015] - Cambridge CC – successfully argued that a notice cannot be served under paragraph 21 of the Telecommunications Code during the contractual term of a tenancy. Leading case on the interpretation of paragraph 21.
    • Rathlin Energy (UK) Ltd v Persons Unknown [2014] – High Court - Stephanie obtained summary orders for possession against protestors occupying well sites used for oil and gas exploration (in face of the protestors’ claims that such an order would infringe their human rights)
    • Patley Wood Farm LLP v Brake [2013] EWHC 4035 – High Court decision as to the correct test to be applied when the Court is asked to enforce a peremptory order made by an arbitrator
    • Parshall v Bryans [2013] EWCA Civ 240 - Court of Appeal – case raising important issues about adverse possession, and land registration.
    • Bower Terrace Student Accommodation Ltd v Space Student Living [2012] – High Court - receivers appointed by land-owner’s chargee seeking an interim injunction against student housing operator for possession
    • Unique Pub Properties v Fitzpatrick [2012] – High Court - acting for pubco in seeking (and obtaining) an order for committal against its tenant who had breached an undertaking not to continue buying out of tie
    • Estafnous v London & Leeds [2009] – High Court - a claim for estate agent’s commission.
    • Clarke v Murphy & ots [2009] – Lands Tribunal - an application to modify restrictive covenants where a building scheme existed.
    • Crown Estate Commissioners v Mark Roberts & Trelleck Estate [2008] – High Court - a claim to manorial rights.
    • Parksite Limited v Jackson and Ors [2008] – High Court - a substantial claim for professional negligence against conveyancing solicitors.
    • In re Estate of K, deceased [2007] – High Court - whether a retention was required in respect of potential claims against a deceased’s estate.
    • St Paul's Travellers Insurance Co v Okporuah and others [2006] – High Court - a mortgage fraud case, where the borrower’s uncle had acted as conveyancing solicitor and had taken the money.
    • Donnelly and others v Weybridge Construction Ltd and Brohoon and others [2006] – a TCC claim involving a residential development carried out by a joint venture, whose partners had subsequently fallen out, and where the purchasers were claiming to rescind their contracts because of discrepancies between the way the flats were described and the way they had been built.
    • Kamal v Redcliffe Close (Old Brompton Road) Management Ltd [2006] – High Court – the appropriate test on an application to set aside judgment.
    • West Bromwich Building Society v Wilkinson & Anor [2005] – House of Lords - the leading case on the limitation period for mortgage shortfall claims.
    • West Bromwich Building Society v Crammer [2002] – High Court - appropriation of mortgage payments as between capital and interest.
    • Barclays Bank v Bee [2001] – Court of Appeal – validity of notices served under the Landlord and Tenant Act 1954
  • Publications

    Books

     Charging Orders: Law and Practice (contributing author) 

    Articles

    2016

    Compensation under temporary possession provisions (JPL), with Jonathan Karas QC and Barry Denyer-Green: considers how temporary possession should be compensated for under compulsory purchase provisions

    2015

    "Reasonable belief" in adverse possession (EG), with Kester Lees: considers Schedule 6 of the Land  Registration Act 2002

    Licence to assign: some practical tips (IHL), with Ciara Fairley

    Earlier articles:

    Renewing a business lease: a step-by-step practical guide (IHL, 2013) with Joe Ollech

    Making the break (NLJ, 2010) with Nathaniel Duckworth: break clauses

    Put to rights (NLJ, 2009) with Nathaniel Duckworth: easements

    A safe space for tough negotiators? (EG, 2008): mediation

    On borrowed time (Legal Week, 2005): mortgage shortfall claims

     

"Handles a plethora of property-related disputes, and is recognised for her skill in handling residential and commercial landlord and tenant disputes. Strengths: 'She’s incredibly bright, has a fantastic eye for detail and can grasp huge amounts of information very quickly.' 'Crystal clear in her knowledge of the law she applies it to a situation and thinks outside of the box.' Recent work: Acted for GLA in a case relating to an area of land which was key to the substantial regeneration of the Greenwich Peninsula." Chambers UK Guide 2018 (Real Estate Litigation)
"She is energetic and pays total attention to detail."Legal 500 2017
"Stephanie Tozer is a clear client favourite, earning a number of rave reviews. One solicitor claims, 'Stephanie is quick to pick up complicated issues and really puts the hours in to deliver. She is not afraid to give very honest advice and client direction, as well as being very bright and having a great head for detail'.”Who's Who Legal 2017
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