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Philip Kolvin

Shomik Datta

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020 7242 4986
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Shomik is a property and commercial litigator with almost two decades of experience. 

A highly regarded practitioner, his client base includes large PLCs, property developers, local authorities, registered providers and high net-worth individuals.

Shomik is a property and commercial litigator with almost two decades of experience. 

A highly regarded practitioner, his client base includes large PLCs, property developers, local authorities, registered providers and high net-worth individuals.

He has been praised for his ability to untangle complex legal issues, to give clear and pragmatic advice, to devise a wise tactical approach to litigation, and for his forensic cross-examination.

As well as his regular advisory, drafting and court work, Shomik is regularly instructed to deal with various forms of ADR, including mediations. He is rated as a leading individual in the  Legal 500 directory: 

"He is versatile and has an easy and persuasive manner with clients".

"His ability to grasp facts at a moment's notice is extremely impressive".

"Rated very highly in all aspects of his work".

He accepts instructions from professionals (including surveyors) under the Bar Council's Licensed Access Scheme. He is also accredited to accept instructions from members of the public under the Direct Access Scheme.

Shomik is a member of the Property Bar Association and a founding member of Social Housing Law Association.

Education

• Loughborough Grammar School
• Magdalen College, Oxford (MA Jurisprudence)
• Inns of Court School of Law (BVC) as a Scholar of Gray's Inn

  • "He is versatile and has an easy and persuasive manner with clients" Legal 500 2017
  • "His ability to grasp facts at a moment's notice is extremely impressive" Legal 500 2016
  • "Rated very highly in all aspects of his work" Legal 500 2016

Overview

Shomik is a common lawyer by background. His practice now encompasses a very broad range of commercial and general civil litigation, including:

• Contract disputes
• Economic tort actions
• Partnership disputes
• Construction disputes
• Professional negligence
• Wills and intestacy, including contested probate claims
• Inheritance Act 1975 claims
• Restrictive covenants
• Litigation arising from joint ventures
• Breaches of Trust and Fiduciary Duty
• Supply of Goods and Services
• Bankruptcy and Insolvency (including cross-border insolvency)

Shomik regularly deals with urgent interlocutory hearings, and making or opposing applications for emergency relief (in particular freezing injunctions and civil search orders). He also has experience of litigating super-injunctions in varying contexts.

Examples of recent work

  • Advising and representing a planning authority in the enforcement of a £15 million restoration obligation relating to a large open cast mine.
  • Obtaining summary judgment dismissing a million pound claim brought in relation to alleged breaches of restrictive covenants and confidentiality.
  • Representing the wife of an individual alleged to have perpetrated a fraud worth in excess of £100 million in an application for a Chabra order against her requiring disclosure.
  • Acting on behalf of four of 13 defendants in a significant economic tort action (involving allegations of inducing breaches of contract and conspiracy to injure).
  • Representing a number of GPs in partnership disputes which also involve property issues.
  • Representing one of a number of defendants in a High Court action brought by one of the largest shipping companies in the world, successfully resisting a significant limb of claim based on unpaid demurrage charges in Haiphong and Hong Kong.
  • Advice and representation in a number of contested probate claims (in which the validity of wills impugned) and corollary Inheritance Act claims.
  • Advising developers in a dispute relating to their standard form joint venture agreements.
  • Representing a professional gambler in a dispute with a multi-national casino.
  • Advice and representation in a misrepresentation action relating to the sale of a property.
  • Junior in a High Court claim heard over three weeks relating to breaches of a sale of business agreement, breaches of fiduciary duty and passing off.
  • Assisting a client to avoid the attempts of a Bank to enforce a judgment obtained in France within this jurisdiction in a cross-border insolvency dispute that went to the Court of Appeal.
  • Advising a group of NHS PCTs in relation to a High Court breach of contract and procurement dispute.
  • Advising a large multinational company in relation to bulk contracts held with a major international carrier at various airports.

Other information 

Shomik accepts instructions from professionals (including Surveyors) under the Bar Council's Licensed Access Scheme. He is also accredited to accept instructions from members of the public under the Direct Access Scheme.

Cases

Wilfred T. Fry Limited v Ruddy & Mizen
03.02.2015
Shomik successfully obtained summary judgment dismissing a million pound claim brought in relation to alleged breaches of restrictive covenants and confidentiality.....

JP SPC 4 V Schools
03.02.2015
Shomik represented the wife of an individual alleged to have perpetrated a fraud worth in excess of £100 million. He resisted an application for a Chabra order against her requiring....

Easylocums V Akhtar
03.02.2015
Shomik was led by Simon Myerson QC in a High Court claim listed heard over three weeks in June 2013 relating breaches of a sale of business agreement, breaches of....

Meronlake Limited V Molasses House Management Company
03.02.2015
Commercial landlord and tenant dispute. C sought to prevent forfeiture of its lease of a riverside restaurant in Wandsworth. It disputed the breaches of tenancy (unauthorised alterations and arrears or....

Re: S.H.
03.05.2013
Shomik advised a London Local Authority upon various property and procurement issues arising in relation to a £800m PFI development (and specifically compliance with the Public Contracts Regulations 2006).....

Ceva Logisitics v Boyton Cross
03.05.2013
Shomik represented an accident recovery company in a High Court claim in public nuisance and restitution in order to recover expenses incurred clearing up an accident scene upon a motorway.....

Credit Agricole V Ashdown [2007] EWCA Civ 574
03.05.2013
Shomik successfully avoided the attempts of the Bank to enforce a judgment obtained in France against his client within the jurisdiction in a cross-border insolvency dispute that went to the....

Public Trustee v Nichol
15.02.2011
Shomik successfully resisted an application that a party to a contested probate action should have her costs borne by the estate, and obtained the costs of doing so.....

Overview

Shomik's practice encompasses the full range of Real Property litigation, including:

• Boundary disputes
• Adverse possession
• Easements
• Freehold covenants (including restrictive covenants)
• Rights of light
• Co-ownership and trusts of land
• Proprietary estoppel
• Nuisance and trespass
• Party walls
• Village greens and commons
• Contracts for the sale of land
• Professional negligence relating to land
• Rectification claims
• Mortgage, charges and subrogation
• Options, rights of pre-emption and break clauses
• Overage disputes

Shomik also has an extensive complementary Landlord and Tenant practice which spans:

• Service charges and rent charges
• LTA 1954 disputes
• Rent reviews
• Dilapidations
• Alterations and repairs
• Leasehold covenants
• Enfranchisement
• Forfeiture
• Possession claims leasehold enfranchisement
• Break clause disputes
• Right to manage
• Rates/Council tax disputes, in particular the setting aside of liability orders

In addition to providing specialist advice and representation before the courts at all levels, Shomik also regularly appears in the First-tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber) and before the HMLR Adjudicator.

Shomik acts for the full range of landowners from large corporations and local authorities to individuals, commercial and residential tenants, banks and building societies. However, he has particular experience in acting for local authorities, developers and companies with extensive residential leasehold property portfolios.

Examples of recent work

  • Advising a registered provider as to the right of light implications of a large proposed housing development.
  • Advising a large number of local authorities as to the implications of restrictive covenants, and pending litigation in the Upper Tribunal for their removal or variation.
  • Obtaining summary judgment for a developer in a significant property damage claim based on fire damage and withdrawal of support.
  • Litigating a proprietary estoppel action relating to an estate of farmland in Berkshire which attracted the attention of the national press.
  • Assisting various landowners in the recovery of service charge payments from successors-in-title to right to buy leases.
  • Litigating a boundary and easement dispute relating to valuable property in Bath.
  • Advising and representing numerous registered providers in the FTT in the recovery of service charges, in particular dealing with consultation issues
  • Assisting developers in the removal or variation of restrictive covenants in order to permit proposed developments.
  • Advice and representation in various LTA 1954 lease renewal disputes.
  • Advising authorities as to the implications of their use of open spaces for public entertainments.

Shomik is retained counsel for a London local authority in dealing with applications to set aside liability orders for non-domestic rates an council tax.

Other information

Shomik is a member of Property Bar Association.

He accepts instructions from professionals (including Surveyors) under the Bar Council's Licensed Access Scheme. He is also accredited to accept instructions from members of the public under the Direct Access Scheme.

Cases

Nogueira V Westminster City Council LRX/126/2013
03.02.2015
FTT dispute regarding service charges involving 37 Applicants and works of in the region of £40m. FTT decided in favour of the Respondents on the basis of an undertaking by....

Cruickshank V Tompkins
03.02.2015
A dispute about the construction and use of an express right of way settled after prior contested litigation by leading counsel. The dispute related to whether the easement permitted use....

Meronlake Limited V Molasses House Management Company
03.02.2015
Commercial landlord and tenant dispute. C sought to prevent forfeiture of its lease of a riverside restaurant in Wandsworth. It disputed the breaches of tenancy (unauthorised alterations and arrears or....

Smith V Bray & Pullen
03.02.2015
Shomik acted in a sequence of lengthy boundary disputes involving land in Chichester. Both cases concerned the uncertain position relating to an ancient parish boundary, a sloe hedge of some....

Hazell & Hazell V Bertola
03.02.2015
Shomik litigated a High Court claim to set aside a charge upon property, which secured some £800k due under a guarantee. The following issues arose: (a) had the primary debt been....

Brooks V Frays Property Management
03.05.2013
An LVT challenge to residential service charges relating to a development within Crossways in Kent. The primary issue (the subsidiary issues all relating to reasonableness) was one of construction of....

Christofis V Neophytou
03.05.2013
A lengthy dilapidations claim relating to alleged waste of a commercial shop in North London which had been let for over 20 years. Shomik represented N, who defended the claim....

Imagine Homes v Bellinfantie
03.05.2013
Shomik advised in relation to liability and quantum in a claim based on failure to complete the purchase of a flat in which the developer went into administration....

Chontow V Baah
15.09.2012
Shomik advised and acted for freeholders of a block of flats in relation to their ability to claim service charges in an unusual long lease arrangement whereby the common areas....

Overview

Shomik's practice encompasses the full range of Social Housing litigation, including:

• Possession
• Trespass
• Nuisance and anti-social behaviour
• Disrepair
• Succession
• Subletting and non-occupancy
• Right to Buy
• Homelessness
• Allocations
• Judicial review
• Equality Act issues

Shomik is the 'go to' counsel for a large number of local authorities, both in and out of London, and is particularly attuned to the political as well as legal sensitivities, which may affect social landlords.

He is praised for the clarity of his advice, and the precision and charm of his advocacy.

Summary of recent work

  • Dealing with a wide range of public law issues in the context of section 204 appeals.
  • Dealing with article 8 defences in claims for possession.
  • Advice and representation on a wide variety of disrepair proceedings.
  • Possession claims based on anti-social behaviour; including obtaining an outright order despite there being no further allegations of nuisance for some three years by trial.
  • Advising and representing a local authority in a disrepair action and corollary Part 20 Claim for an indemnity against the local TMO who contracted with the authority to manage and maintain the relevant estate.
  • Advising a local authority in relation to the potential re-classification of its extensive housing stock with regard to the provisions of the Welfare Reform Act 2012.
  • Disrepair claims arising from tree root soil desiccation.
  • Representation in litigation involving Zambrano issues.

Other information

Shomik is a founder member of the Social Housing Law Association.

He accepts instructions from professionals (including Surveyors) under the Bar Council's Licensed Access Scheme. He is also accredited to accept instructions from members of the public under the Direct Access Scheme.

Cases

Essex CC V D&T
03.02.2015
Claim for possession by a local authority in relation to a pitch in a designated traveller site. D asserted an article 8 defence, but this was summarily dismissed as having....

Southend BC V Long
03.02.2015
Defending a possession claim brought by a local authority for anti-social behaviour linked to mental health issues and alcohol abuse. The Defendant lacks capacity and is represented by the official....

Don Phillips V LB Lambeth
03.02.2015
Defending a claim in disrepair and nuisance brought against the local authority relating to subsidence caused by soil desiccation linked to tree roots. The issues in the litigation included: (a) whether....

Christofis v Neophytou
05.05.2013
A lengthy dilapidations claim relating to alleged waste of a commercial shop in North London which had been let for over 20 years. Shomik represented N, who defended the claim....

Brentwood BC v Tonks
03.05.2013
Shomik defended a possession claim brought against his client based on a notice to quit. The council argued that T's mother had succeeded to her own mother's tenancy and so....

LB Lambeth V Fuller-Wright & McIntosh
03.05.2013
Shomik acted for the council in bringing a possession claim based on under-occupancy after succession (Ground 16). The legal position was complicated by the tenant being a minor at the....

R v Milton Keynes CC (Ex Parte Hanson)
02.05.2013
Ms Hanson was offered permanent Part 7 Housing Act accommodation, following the recent case of Pryce v Southwark LBC. However the council refused to award her housing benefit in reliance....

Housing Benefit for Zambrano carers?
08.02.2013

R (on the Application of H) v Milton Keynes CC [2013]

....

Tsangarides v LB Lambeth
15.12.2012
This disrepair claim was settled after Shomik obtained permission to appeal the original trial judge's award of general damages and interest from the Court of Appeal.....

Estuary Housing Association v Shaw
15.10.2012
Acting for the tenant, Shomik successfully defended a claim for possession in a case where repeated allegations of anti-social behaviour and non-occupancy had been made.....

Lalithisan v LB Lewisham
15.07.2012
Shomik successfully resisted a section 204 appeal relating to suitability.....

LB Lambeth v Tchameni
15.04.2012
Shomik obtained a possession order following four day trial relating to the non-occupancy of the tenant. The course of cross-examination uncovered involvement with illegal immigrants and forged identification documents.....

LB Lambeth V Namegembe [2006] EWHC 3608 (Ch), [2006] All ER (D) 70 (Dec)
06.12.2006
In a section 204 appeal, the appellant obtained permission to appeal out of time at first instance. Shomik successfully appealed the grant of permission in the High Court on the....

LB Lambeth V Ako [2002] EWHC 2538 (Ch), [2002] All ER (D) 456 (Oct)
30.10.2002
Shomik successfully resisted an application for an injunction to prohibit the authority from re-letting premises pending determination of an application by the former tenant to re-enter after an eviction. Shomik....

News

Cornerstone Housing Day 2015 - Presentations
03.03.2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

    • Founding member of the Social Housing Law Association (SHLA)
    • Property Bar Association (PBA)

    News

    Cornerstone Housing Day 2015 - Presentations

    3rd March 2016

    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.
  • Key developments in Housing....

  • Case

    Wilfred T. Fry Limited v Ruddy & Mizen

    3rd February 2015

    Shomik successfully obtained summary judgment dismissing a million pound claim brought in relation to alleged breaches of restrictive covenants and confidentiality.....

    Case

    JP SPC 4 V Schools

    3rd February 2015

    Shomik represented the wife of an individual alleged to have perpetrated a fraud worth in excess of £100 million. He resisted an application for a Chabra order against her requiring....

    Case

    Easylocums V Akhtar

    3rd February 2015

    Shomik was led by Simon Myerson QC in a High Court claim listed heard over three weeks in June 2013 relating breaches of a sale of business agreement, breaches of....

    Case

    Essex CC V D&T

    3rd February 2015

    Claim for possession by a local authority in relation to a pitch in a designated traveller site. D asserted an article 8 defence, but this was summarily dismissed as having....

    Case

    Southend BC V Long

    3rd February 2015

    Defending a possession claim brought by a local authority for anti-social behaviour linked to mental health issues and alcohol abuse. The Defendant lacks capacity and is represented by the official....

    Case

    Don Phillips V LB Lambeth

    3rd February 2015

    Defending a claim in disrepair and nuisance brought against the local authority relating to subsidence caused by soil desiccation linked to tree roots. The issues in the litigation included: (a) whether....

    Case

    Nogueira V Westminster City Council LRX/126/2013

    3rd February 2015

    FTT dispute regarding service charges involving 37 Applicants and works of in the region of £40m. FTT decided in favour of the Respondents on the basis of an undertaking by....

    Case

    Cruickshank V Tompkins

    3rd February 2015

    A dispute about the construction and use of an express right of way settled after prior contested litigation by leading counsel. The dispute related to whether the easement permitted use....

    Case

    Meronlake Limited V Molasses House Management Company

    3rd February 2015

    Commercial landlord and tenant dispute. C sought to prevent forfeiture of its lease of a riverside restaurant in Wandsworth. It disputed the breaches of tenancy (unauthorised alterations and arrears or....

    Case

    Smith V Bray & Pullen

    3rd February 2015

    Shomik acted in a sequence of lengthy boundary disputes involving land in Chichester. Both cases concerned the uncertain position relating to an ancient parish boundary, a sloe hedge of some....

    Case

    Hazell & Hazell V Bertola

    3rd February 2015

    Shomik litigated a High Court claim to set aside a charge upon property, which secured some £800k due under a guarantee. The following issues arose: (a) had the primary debt been....

    Case

    Cosco Containers Lines Company v Batchford [2013] EWHC 840 (QB)

    10th May 2013

    Cosco Containers Lines Company v Batchford [2013] EWHC 840 (QB) In a 7 day High Court trial, Shomik represented one of the defendants in an action brought by one of the....

    Case

    Christofis v Neophytou

    5th May 2013

    A lengthy dilapidations claim relating to alleged waste of a commercial shop in North London which had been let for over 20 years. Shomik represented N, who defended the claim....

    Case

    Brentwood BC v Tonks

    3rd May 2013

    Shomik defended a possession claim brought against his client based on a notice to quit. The council argued that T's mother had succeeded to her own mother's tenancy and so....

    Case

    Re: S.H.

    3rd May 2013

    Shomik advised a London Local Authority upon various property and procurement issues arising in relation to a £800m PFI development (and specifically compliance with the Public Contracts Regulations 2006).....

    Case

    Ceva Logisitics v Boyton Cross

    3rd May 2013

    Shomik represented an accident recovery company in a High Court claim in public nuisance and restitution in order to recover expenses incurred clearing up an accident scene upon a motorway.....

    Case

    Credit Agricole V Ashdown [2007] EWCA Civ 574

    3rd May 2013

    Shomik successfully avoided the attempts of the Bank to enforce a judgment obtained in France against his client within the jurisdiction in a cross-border insolvency dispute that went to the....

    Case

    LB Lambeth V Fuller-Wright & McIntosh

    3rd May 2013

    Shomik acted for the council in bringing a possession claim based on under-occupancy after succession (Ground 16). The legal position was complicated by the tenant being a minor at the....

    Case

    Brooks V Frays Property Management

    3rd May 2013

    An LVT challenge to residential service charges relating to a development within Crossways in Kent. The primary issue (the subsidiary issues all relating to reasonableness) was one of construction of....

    Case

    Christofis V Neophytou

    3rd May 2013

    A lengthy dilapidations claim relating to alleged waste of a commercial shop in North London which had been let for over 20 years. Shomik represented N, who defended the claim....

    Case

    Imagine Homes v Bellinfantie

    3rd May 2013

    Shomik advised in relation to liability and quantum in a claim based on failure to complete the purchase of a flat in which the developer went into administration....

    Case

    R v Milton Keynes CC (Ex Parte Hanson)

    2nd May 2013

    Ms Hanson was offered permanent Part 7 Housing Act accommodation, following the recent case of Pryce v Southwark LBC. However the council refused to award her housing benefit in reliance....

    Case

    Housing Benefit for Zambrano carers?

    8th February 2013

    R (on the Application of H) v Milton Keynes CC [2013]

    ....

    News

    Cornerstone Barristers welcomes three new tenants.

    14th January 2013

    Cornerstone Barristers are delighted to welcome three new tenants. Estelle Dehon is a public, planning, environmental and commercial specialist formerly of 4-5 Gray's Inn Square. Shomik Datta has a common law practice....

    Case

    Tsangarides v LB Lambeth

    15th December 2012

    This disrepair claim was settled after Shomik obtained permission to appeal the original trial judge's award of general damages and interest from the Court of Appeal.....

    Case

    Estuary Housing Association v Shaw

    15th October 2012

    Acting for the tenant, Shomik successfully defended a claim for possession in a case where repeated allegations of anti-social behaviour and non-occupancy had been made.....

    Case

    Chontow V Baah

    15th September 2012

    Shomik advised and acted for freeholders of a block of flats in relation to their ability to claim service charges in an unusual long lease arrangement whereby the common areas....

    Case

    Lalithisan v LB Lewisham

    15th July 2012

    Shomik successfully resisted a section 204 appeal relating to suitability.....

    Case

    LB Lambeth v Tchameni

    15th April 2012

    Shomik obtained a possession order following four day trial relating to the non-occupancy of the tenant. The course of cross-examination uncovered involvement with illegal immigrants and forged identification documents.....

    Case

    Public Trustee v Nichol

    15th February 2011

    Shomik successfully resisted an application that a party to a contested probate action should have her costs borne by the estate, and obtained the costs of doing so.....

    Case

    LB Lambeth V Namegembe [2006] EWHC 3608 (Ch), [2006] All ER (D) 70 (Dec)

    6th December 2006

    In a section 204 appeal, the appellant obtained permission to appeal out of time at first instance. Shomik successfully appealed the grant of permission in the High Court on the....

    Case

    LB Lambeth V Ako [2002] EWHC 2538 (Ch), [2002] All ER (D) 456 (Oct)

    30th October 2002

    Shomik successfully resisted an application for an injunction to prohibit the authority from re-letting premises pending determination of an application by the former tenant to re-enter after an eviction. Shomik....