Flatgate
Flatgate
Flatgate
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Kirsty Smith

Kirsty Smith

Associate

I specialise in a broad spectrum of commercial real estate disputes. I have experience at Court of Appeal, High Court and County Court level, as well as alternative dispute resolution (ADR), including mediation, experience.

About

I specialise in all aspects of real estate litigation, from property misrepresentation claims, to landlord and tenant disputes (relating to security of tenure, dilapidations, applications for consent), and land owner disputes involving issues such as trespass and nuisance.

I have experience acting on a broad range of contractual disputes, including enforcement of property agreements and interpretation of property contracts, as well as advising on professional negligence claims against property professionals.

As well as representing clients in “live” proceedings, I provide strategic advice on a range of property management matters, including but not limited to possession, forfeiture, arrears recovery and property related insolvency issues. Our role is not limited to being hard-hitting litigators; it is as much about spotting issues before they occur and providing pragmatic advice to protect your interests/assets.

I have acted for a wide range of clients including commercial landlords and tenants, investors, public sector bodies, charities and lenders, in a range of sectors most notably in the retail sector.

Expertise

We advise on all the key issues affecting the property industry, including regeneration and development schemes, investment, funding, construction matters, property disputes, portfolio management, planning, taxation and the creation of corporate structures.

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A real estate litigation team housing specialists with the knowledge and ability to advise on all areas of real estate disputes while striving to minimise business disruption and find the best possible outcomes for clients.

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Our lawyers don’t just advise on the law, but help our clients with the commercial implications of legal decisions. Our team focusses on the practicalities of retailing, whether through a busy store or shopping centre, or using e-tail channels.

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The leisure sector is experiencing a period of accelerated change and expansion in response to new technologies and changing consumer behaviours. Drawing on the expertise of our diverse firm, our team provides advice on a wide range of legal and business challenges.

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A large and dedicated real estate team providing a full service to clients operating in the sector. The expertise of our lawyers means we can handle all level of transactions from asset management through to the most complex matters while clients benefit from the efficiency a one-stop-shop can provide.

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Experience

  • Successfully recovering substantial arrears from high street retail tenants.
  • Representing the defendant in a High Court claim regarding an allegation of fraudulent misrepresentation in connection with the disposal of an asset.
  • Acting on behalf of lenders in a commercial real estate lending platform in connection with a client’s secured lending against a property in respect of which the solicitors/surveyors negligence caused the client to suffer substantial losses.re
  • Acting on behalf of a leading UK retailer in respect of a high value terminal claim for damages issued by its former landlord.
  • Acting on behalf of a global real estate service provider in relation to a high value negligent commercial valuation claim.

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