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Unity Street Chambers - Bristol: A leading set of Barristers serving the South West and beyond

Bristol_lawyers

5 Unity Street Chambers, Bristol BS1 5HH
0117 906 9789 / 0117 906 9799 (fax)
iain.wightwick@unitystreetchambers.com

Year of Call and Inn

1985 Inner Temple

Professional Details

Barrister and Mediator, accredited for direct public access work. Potential clients with property related issues can contact Iain directly, through his clerks.
Specialist property lawyer, with particular interest in landlord and tenant, especially social housing.
Iain represents many local authorities, housing associations and other social landlords, limited companies and private individuals, mostly in County and High Court claims and occasionally in the Court of Appeal. He lectures and provides seminars on property related issues to a wide variety of audiences upon invitation.

Landlord and Tenant practice includes residential and commercial work:

Social Housing

Neighbour nuisance and related anti-social behaviour matters (“neighbours from hell”) including antisocial behaviour injunctions and possession claims, housing disrepair, homelessness, tenancy fraud, general social housing law, particularly relating to the effect of the Equality Act 2010 and the effect of the ECHR etc. Iain has over twenty-five years’ experience of social housing disrepair claims and a proactive, fresh approach to dealing with such litigation on both sides. He is looking forward to the challenges which will arise for landlords when the Homes (Fitness for Human Habitation) Bill comes into force. Iain also represents public authorities in judicial review and administrative court cases. He is happy to advise on drafting and updating social housing tenancy and other occupation agreements to incorporate the effect of statutory changes and developments in the law.

Private Sector Residential

Advice and representation in all types of dispute – including possession claims for all types of tenure from Rent Act to Assured Shorthold tenancies, tenancy deposit disputes, s 21 arguments, disrepair claims, suitable alternative accommodation claims, etc. Long leasehold work includes service/management charge disputes, forfeiture, injunctive claims and enfranchisement.

Commercial

Including business tenancy disputes, e.g. contested lease renewals, rent reviews, terminations, dilapidations, construction of leasehold covenants, validity of notices, guarantee claims, injunctive relief etc.

Land/Property law

Work includes registered and unregistered land disputes, proprietary estoppel, adverse possession/’squatting” cases, licence vs lease questions, trusts, contracts of sale, restrictive covenants, boundaries, easements (rights of way, of light etc.) and general neighbour disputes, planning law, Party Wall Act cases, tree root and subsidence claims.

Common law and construction/building disputes

Professional negligence actions, particularly relating to surveyors and others in property transactions, misrepresentation, unlawful interference with goods, building and general contractual disputes, insurance claim disputes etc.

Mediation

Offered in all areas of practice, both as advocate in mediations and as mediator.

Working predominantly in the West Country and Wales but travelling all over the jurisdiction.

Notable Cases

Newport City Council v Charles (2008) EWCA Civ 1541, CA (Eng), WLR (D) 245: housing, succession, estoppel
South Gloucestershire Council v Titley & Clothier, appeal from Severnside Valuation Tribunal (2006) EWHC 3117 (Admin): rating valuation, reductions for disability
North Somerset Council v White & White (2002): ASBO against youngest ever defendants at time
McDonagh v Salisbury District Council (2001) EWHC Admin 567: housing, introductory tenancies, reviews
Cheltenham Borough Council v Young (2001): first ASBO banning an individual from their own home
City Council of Bristol v Mousah (1997) EWCA Civ 1081 ,(1998) 30 HLR 32, CA: housing, possession, drugs
Cheltenham Borough Council v Dellow (1998): suspended possession order requiring tenant to exclude 16-year-old son from home

Formal Education

2013: Public Access Refresher Course, continuing accreditation for direct, public access work
2010: Public Access Training Course, accredited for public access work
2006: Bar Council Accredited Mediation Training Course, Accredited Mediator
1984-1985: Bar Finals, Inns of Court School of Law, called to the Bar
1983-1984: Diploma in Law, Polytechnic of Central London
1980-1983: BSc. Hons. Psychology, University of Bristol

Professional Memberships

Social Housing Law Association (SHLA), Professional Negligence Bar Association (PNBA).

Interests/Hobbies

MTB, skiing, open-water swimming and the surf, family and the usual