Property & Chancery

Jamal Demachkie is an established civil practitioner with a proven track record in Property and Commercial law. He is a member of Chambers’ Property & Chancery and Commercial groups and has experience of advocacy in the County Court and High Court as well as the Court of Appeal.

Jamal’s practice encompasses the full ambit of Property law. His work covers all aspects of real property, including: easements, covenants and profits à prendre, boundary disputes (including trespass and nuisance), conveyancing and land registration, adverse possession and proprietary estoppel.

Jamal has particular expertise in the law of Landlord & Tenant, undertaking a broad range of work in both the commercial and residential field. He is frequently instructed in forfeiture and possession proceedings and disrepair/dilapidation claims, representing both landlords and tenants.

In addition to experience in both High Court and County Court jurisdictions, Jamal regularly appears before various statutory tribunals and committees, dealing with disputes relating to service charges, enfranchisement and lease renewal to name but a few.

Jamal is regularly instructed in Chancery Law disputes, embracing areas such as s14 ToLATA applications, co-ownership, constructive trusts and professional negligence. He advises in both contentious litigation and non-contentious drafting.

Noteworthy Cases

Patel & Anr v Keles & Anr - [2009] EWCA Civ 1187
Jamal successfully represented the Respondent Tenants in their Landlords' appeal concerning the renewal of a business tenancy. The Court of Appeal considered for how long a landlord must intend to occupy premises so as to satisfy the requirements of s.30(1)(g) of the Landlord and Tenant Act 1954 when opposing a tenant's application for a new business tenancy. The appeal was against an earlier decision also obtained by Jamal from HHJ Cowell in the Central London County Court.

Stern v Lawnpond - [2009] EWHC 268 (Admin) [2009] All ER (D) 320 (Jul)
An appeal to the High Court confirming that no binding agreement had been reached between the parties on the rent due under a tenancy. The case establishes that it is impermissible to equate a rent for a quarterly tenancy with a rent of one third of that amount for a monthly tenancy

Station Garage (Rayleigh) Ltd v London Eastern Railway Ltd
A five-day trial on the preliminary issue of a business tenancy renewal arising from the privatisation of British Rail and raising complex issues of forfeiture, construction of a lease, flying freeholds and tenant fixtures

Partridge & Anr v MacPherson
A five day trial on proprietary estoppel involving a land-swap negotiation between two neighbours and heard shortly after the House of Lords' decision in Yeoman’s Row Management Ltd v Cobbe