Expertise

• Property
  • Overview
  • Cases
  • News

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

  • Easements
  • Freehold and leasehold covenants (including restrictive covenants)
  • Rights of light
  • Boundary disputes
  • Adverse possession
  • 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 & 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

  Shomik acts for the full range of landowners from large corporations, local authorities and charities 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 property portfolios.

  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.

  Examples of recent work

  Representing a local authority in an 8 figure dispute as to the meaning and effect of rent provisions within a major infrastructure transaction.

  Assisting developers in the removal or variation of restrictive covenants in order to permit proposed developments.

  Representing a local authority in a high value trespass action relating to alleged conversion arising from deviation in the construction of a bypass.

  Successfully representing a freehold company in a service charge dispute (with the highest value before the FTT) relating to disputed expenditure on legal expenses arising from a series of high profile cases relating to freehold covenants

  Representing an Islamic charity in responding to breaches of contract and property rights arising from its burial policies during lockdown

  Advising various local authorities as to the implications of their use of open spaces for public entertainments.

  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.

  Litigating a proprietary estoppel action relating to an estate of farmland in Berkshire which attracted the attention of the national press.

  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.

  • Depositing Common Sense: Lowe v The Governor’s of Sutton’s Hospital in Charterhouse02 Apr 2024
  • High Court appeal on one of the largest known tenancy deposit claims under the Housing Act 200421 Feb 2024
  • Received Wisdom02 May 2023
  • Christofis v Neophytou01 Jan 2018
  • Nogueira V Westminster City Council LRX/126/201301 Jan 2018
  • Cruickshank V Tompkins01 Jan 2018
  • Meronlake Limited V Molasses House Management Company01 Jan 2018
  • Smith V Bray & Pullen01 Jan 2018
  • Hazell & Hazell V Bertola01 Jan 2018
  • Brooks V Frays Property Management01 Jan 2018
  • Imagine Homes v Bellinfantie01 Jan 2018
  • Chontow V Baah01 Jan 2018

  • Cornerstone Barristers at MIPIM 202412 Feb 2024
• Commercial and Regulatory
  • Overview
  • Cases
  • News

  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
  • Shareholder disputes
  • Professional negligence
  • Wills and intestacy, including contested probate claims
  • Inheritance Act 1975 claims
  • Restrictive covenants in employment contracts or shareholder agreements
  • Breaches of Trust and Fiduciary Duty
  • Construction disputes
  • Supply of Goods and Services
  • Bankruptcy and Insolvency (including cross-border insolvency)

  Shomik has an established chancery practice involving the whole gamut of contentious probate disputes. This includes disputes as to the validity of wills, applications to remove personal representatives or trustees, and 1975 Act claims.

  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 limited 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. This disputed interpretation of the escrow agreement was upheld in the Court of Appeal.
  • Obtaining summary judgment dismissing a million pound claim brought in relation to alleged breaches of restrictive covenants and confidentiality.
  • 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 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.
  • 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 as 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 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.

  • Received Wisdom02 May 2023
  • Determining exclusivity: Lone v London Borough of Hounslow19 Dec 2019
  • Mining for meaning08 May 2019
  • Judge finds that open cast mine case is open and shut27 Jun 2018
  • Wilfred T. Fry Limited v Ruddy & Mizen01 Jan 2018
  • JP SPC 4 V Schools01 Jan 2018
  • Easylocums V Akhtar01 Jan 2018
  • Re: S.H.01 Jan 2018
  • Ceva Logisitics v Boyton Cross01 Jan 2018
  • Credit Agricole V Ashdown [2007] EWCA Civ 57401 Jan 2018
  • Public Trustee v Nichol01 Jan 2018
  • Meronlake Limited V Molasses House Management Company01 Jan 2018

  • Cornerstone Barristers at MIPIM 202412 Feb 2024
• Local Government
  • Overview
  • Cases

  Shomik is counsel of choice for a number of local authorities both within Greater London and beyond. His common law background, coupled with property and commercial and public law expertise, mean he is ideally suited to assist local authorities across the wide range of issues that may confront them. He has assisted in the formulation and drafting of policy documents. He is praised for the clarity of his advice, and the precision and charm of his advocacy.

  His practice includes:

  • Advice on the permissible use of public open spaces
  • Advice on contentious applications for new village greens and asserted public rights over land
  • Advice on public procurement issues
  • Advice on the drafting or meaning of commercial agreements
  • Advice on consents or approvals under land covenants
  • Applications to set aside liability orders relating to council tax or non-domestic rates
  • Ratings appeals
  • Prosecutions under the New Roads and Streetworks Act 1991

  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. The disputed interpretation of the escrow agreement was upheld in the Court of Appeal.
  • Representing a London local authority in a high value dispute as to the interpretation of a sequence of leases related to a large infrastructure transaction.
  • Successfully representing a London local authority in the first Court of Appeal case to consider the availability of common law remedies in relation to the statutory scheme relating to council tax in which the Court paid tribute to his argument.
  • Representing a local highways authority in a high value trespass action relating to alleged conversion arising from deviation in the construction of a bypass.
  • Representation in the Upper Tribunal as to the correction interpretation of Housing Benefit regulations as applicable to houseboats.
  • Advice to authorities as to the recovery of costs for the repair and maintenance of highways and watercourses.
  • Various property damage claims arising from tree root soil desiccation.

  • Determining exclusivity: Lone v London Borough of Hounslow19 Dec 2019