Bernard D’Monte
Chartered Legal Executive
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Location
London
Profile
Services
Bernard is an experienced litigator who advises and represents individual and corporate clients on disputes across the whole practice area with a focus on residential property litigation.
Bernard is known for his experience in professional negligence and leasehold enfranchisement matters. He also regularly advises clients in relation to recovering possession of property, forfeiture, breach of covenant and service charge disputes. He also frequently advises on nuisance, trespass and disputes regarding beneficial property interests and mortgages.
He has taken the lead in high profile cases at all levels of the court and tribunal forums from the First Tier Property Tribunal to the Upper Property Tribunal, the County Court to the Supreme Court. He advises on each stage of litigation including trial, appeals and costs assessment. Bernard has also managed and been involved in several mediations and writes articles on litigation related topics.
Bernard has also dealt with several high value motor car claims where the vehicle sold was not as advertised or the after sales service from the dealer was not up to the standards expected.
Career highlights
- Viscount Chelsea v Hirshorn 1998 – Leasehold enfranchisement relating to signature on notices of claim of right to new lease
- 26 Cadogan Square Limited v Cadogan 2008 – Leasehold enfranchisement, right to new lease where new luxury residential flat created and carved out of headlease in prime central London
- Earl Cadogan v Panagopoulos 2010 – Landlords right to leaseback of caretakers flat deemed unlawful because it was ‘common part’ and should form part of freehold acquisition
- Day v Hosebay Limited 2012 – What is a house?
- Lepic v Clarke 2015 – Residential possession claim where tenant claimed ‘two homes’ protection under Rent Act 1977