Fladgate
Flatgate
Flatgate
Tim Foley

Tim Foley

Partner

I am a specialist in all areas of property litigation and lead Fladgate’s substantial team ensuring we give cogent, relevant and commercial advice at all times.

About

My job is resolving problems. Disputes are inevitable in commercial life and when they arise they are stressful, distracting and daunting. It is my role to help clients emerge from disputes in the best possible way and everything that I do aims to achieve that outcome. I have over 20 years experience of litigation, arbitration and mediation in the commercial sector, with particular (but not exclusive) emphasis on real estate and aviation.

I am a fan of Liverpool FC, a defender of test cricket, a student of history, a dreadful golfer and a doting Dad and Step-Dad*.

*Not in order of importance

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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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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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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Our real estate occupiers team advise on the full range of tenant work, ranging from a start-up business’s first office through to major head office moves. They represent major office occupiers, professional businesses, hoteliers, restaurateurs and retailers, often with national portfolios, in their occupation requirements.

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Experience

  • Recent appearance in the Court of Appeal regarding a disputed Option Agreement where my client argued that they had properly exercised the option and sought a declaration to that effect.
  • Advised upon the terms of an agreement for lease granted to my client by Transport for London (TFL). A dispute arose as to whether the conditions had been fulfilled, and thus whether my client was obliged to complete. My client had planning permission to convert the building into a hotel with additional residential accommodation. The developed building will have a GDU of £120m. This case was particularly sensitive as the building in question is constructed over a Crossrail inspection shaft which added significant complexity to our clients’ plans to redevelop.
  • Delivering advice to a substantial Indian real estate developer with interests in hospitality, which acquired a major building in WC2, for more than £90m. The acquisition is the developer’s first investment in the UK and was bought unconditionally and speculatively with a view to being developed as a hotel. My client’s entitlement to possession of a key part of the site was disputed pursuant to grounds (f) and (g) of the Landlord and Tenant Act 1954. The case involves novel issues concerning the interaction between the two grounds of opposition.
  • Advising joint venture parties on a claim against a major firm of solicitors worth upwards of £50m arising out of the tying in of a guarantor to an agreement for lease. The case is especially interesting regarding issues of valuation because the guarantor was lost part way through a deal so issues arose as to how to navigate a way through a sale without a guarantor in place. The parent company was meant to be guaranteeing the property as tenant but did not procure the guarantee.

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