Richard Cherry

  • Year of Call 2009

Instruct Richard

Richard's Insights

Introduction

Introduction

Richard undertakes a range of commercial cases, and has developed particular expertise in both landlord & tenant matters and issues related to housing. This work includes service charge-related matters and public sector and private residential tenancies (including those under the Rent Acts).

He also represents clients in mediations and negotiations. In numerous cases he has achieved commercial settlements short of trial by Part 36 or Calderbank offers, mediation and ADR.

Having spent 18 months before coming to the Bar working with the housing team at North Kensington Law Centre, Richard has a particular understanding and experience of housing matters, encompassing possession and disrepair as well as homelessness applications and appeals.

Richard also takes on cases involving Chancery matters, trust disputes and contractual and partnership disputes, commercial debt recovery and enforcement.

Richard also has experience of business, which gives him a clear insight into the needs of the lay client as well as a practical, commercial approach to litigation and dispute resolution. He never loses sight of the client’s needs. 

He is happy to undertake pro bono work, where appropriate.

Landlord & Tenant

Landlord & Tenant

Richard advises on both residential and commercial landlord & tenant matters. Within residential, he has advised on possession claims, disrepair counterclaims in social and private sector, illegal eviction claims, public law defences, deposit protection, and assured, secure, AST, non-secure and Rent Act tenancies.

He also has significant experience in covenants, service and administration charge disputes, leasehold enfranchisement, and competing claims for registration.

Commercial Chancery

Commercial Chancery

Richard advises on Chancery and land trust issues, including declarations and orders under TOLATA and in beneficial ownership disputes between unmarried cohabitants and family members, boundary/neighbour disputes, easements and adverse possession, as well as contentious probate.

Notable Cases

Notable Cases

Landlord & Tenant

A v DC
Representing client in Court of Appeal after imprisonment for contempt relating to long-running easement dispute.
 
C v LA
Successful Equality Act defence of non-secure tenant.

P v D & F
Obtaining possession for private landlord in s8 Ground 8 arrears case met with disrepair and deposit protection counterclaim in case running over 18 months.

F v G
Obtaining possession for landlord in residential claim with money claim of c£50,000.

London Borough of A v NM
Successful Art8 defence to possession in non-secure tenancy.

1954 Act cases for landlords/tenants.

DG Housing Assoc. v Y
Instructed pro bono as sole counsel to take over case from leading QC for restaurant lessee in £100,000 claim for breach of contract. Successful negotiation led to offer of specific performance and substantial compensation by lessor.

L Ltd v GK Ltd
Seeking specific performance of agreement for commercial restaurant lease.

S Ltd v BB Ltd
Inter-business dispute over illegal eviction and end-of-lease dilapidations.

Chancery/Trusts

G v F & T
Long-running boundary dispute between residential occupiers proceeding to multi-track trial.

D v X Borough Council
Case concerning easement over local authority-owned land relying on s62 Law of Property Act 1925.

B v B
Representing one of two brothers in trust of land claim through mediation to trial, achieving successful outcome by negotiation after first day of trial.

K v L
Representing joint legal owner in determination of beneficial interest of former shared home, including successfully applying for permission to rely on defence entered some months out of time.

X, Y, Z, A v B, C & D
Seven-day day Chancery division contentious probate trial representing executor and beneficiaries against other beneficiaries; proprietary estoppel, capacity, want of knowledge and approval.

Seminars

Seminars

Richard delivers training for solicitors on all areas of possession, costs and Part 36 offers.

Memberships

Memberships

Housing Law Practitioners Association

Qualifications

Qualifications

MA, Cambridge University

Direct Access

Direct Access

Richard is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Richard on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.