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Tim Fogarty

Commercial Litigation

Partner

 

Tim specialises in the resolution of disputes concerning real estate and planning.

 

My Background

Trained at Clifford Chance qualifying into the firm’s property litigation team in 1991.  Joined Masons in 1996; partner 2000. Joined Bevan Ashford as a commercial litigation partner in May 2004. Partner Bevan Brittan LLP 2004-

 

What I do

I advise clients on the best means to resolve disputes which relate to land and buildings and to development control decisions. This may be by way of traditional Court proceedings, including judicial review and proceedings under the Town and Country Planning Act, or by the more flexible methods of alternative dispute resolution such as mediation.

 

I have particular expertise in advising private sector developers and housebuilders and large public house estates. I also act regularly for public bodies including NHS Trusts.

 

Examples

My recent planning work has included several significant cases for developers facing challenges to their developments based on the Environmental Impact Assessment Regulations. These have included acting for the developer in a case which concerned allegations that the developer’s environmental statement failed adequately to asses the environmental impact of a development of some 1600 dwellings on the banks of the River Thames in Fulham.

 

I also act for clients seeking to challenge development control decisions made by local authorities, the Planning Inspectorate and the First Secretary of State. 

 

My property litigation work includes landlord and tenant disputes, lease renewals under the 1954 Act, boundary disputes and possession actions.

 

I have a particular interest in issues concerning rights of light and am currently providing rights of light advice to the developer of a major new residential development in Liverpool. 

 

Contact me via tim.fogarty@bevanbrittan.com or on 0870 194 7955.

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