020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
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 was called to the Bar in 2000, having read Law at Magdalen College, Oxford. He has practised from Cornerstone Barristers, 2-3 Gray's Inn Square, London WC1R 5JH since 2013, after 12 years at 42 Bedford Row, where he was the leader of the Property & Commercial team.
Shomik is approachable and down-to-earth. He is conscious that litigation of this nature can be stressful which is why his approach aims to provide a framework which maximises the use of time, and helps lay the foundations for success. This usually requires as much prelminary information as is possible.
(a) His clerk will contact you with a list of information required (which can be provided as is convenient, whether in hard copy or by scanned attachments to an email;
(b) once this information has been provided, either Shomik or his clerk will then contact you to give a summary of what I may be able to do to assist, and an estimate of fees for each specific task suggested;
(c) presuming that we reach agreement, the clerks will assist you through the next required steps (as to ID documents etc.) and then allow Shomik to commence work on written documents, preparation for a hearing, or to meet for a conference.
Shomik is a commercial litigator with over 15 years experience. He acts for a wide variety of individuals and companies in common law claims, or what may be termed general civil litigation. He is experienced in advising upon the possible 'grey areas' in the interpretation of contracts, and upon the use of commercial litigation to leverage sensible, pragmatic and earliy settlements. Such actions include:
He regularly deals with urgent interlocutory hearings, and making or opposing applications for emergency relief (in particular freezing injunctions and civil search orders). He has some experience of litigating super-injunctions in varying contexts. He has developed a niche practice in contested Probate and Inheritance Act disputes. Shomik acts for both applicants and executors, and has particular expertise in the challenges to the validity of wills.
Shomik practises across the full spectrum of real property litigation. This means that he can help in disputes concerning the extent, use, ownership or occupation of land. This includes the following types of claims:
He provides specialist advice and representation before the courts at all levels. He also regularly appears in the First-tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber) and before the HMLR Adjudicator.
Shomik acts in the full range of Landlord & Tenant litigation, including:
In addition, he has extensive experience in social housing matters, including:
Case: Commercial and Regulatory, Local Government
Determining exclusivity: Lone v London Borough of Hounslow
19th December 2019
Lone v London Borough of Hounslow [2019] EWCA Civ 2206
....Case: Public Law and Judicial Review
8th August 2019
R(Francis Xavier Gregory) v Thames Magistrates Court, Tower Hamlets LBC [2019] EWHC 2125 (Admin)
....Case: Commercial and Regulatory
8th May 2019
Merthyr (South Wales) Limited v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526
....Case: Commercial and Regulatory
Judge finds that open cast mine case is open and shut
27th June 2018
IntroductionThis case - Merthyr Tydfil County Borough Council v Blackstone (South Wales) Ltd [2018] EWHC 1506 (QB) - concerns a major opencast coal mine at Ffos-y-fran, on the outskirts of....News: Public Law and Judicial Review, Housing, Health and Social Care
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.Case: Commercial and Regulatory
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: Commercial and Regulatory
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: Commercial and Regulatory
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: Housing
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: Housing
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: Housing
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: Property
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: Property
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: Commercial and Regulatory, Property
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: Property
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: Property
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: Housing
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: Housing
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: Commercial and Regulatory
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: Commercial and Regulatory
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: Commercial and Regulatory
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: Housing
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: Property
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: Property
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: Property
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: Housing
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
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: Housing
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: Housing
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: Property
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: Housing
15th July 2012
Shomik successfully resisted a section 204 appeal relating to suitability.....Case: Housing
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: Commercial and Regulatory
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: Housing
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: Housing
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....020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
