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Greville Healey

Called 2002

Greville Healey

Greville is an experienced property litigation adviser and trial advocate. He has been described in the legal press as “very bright indeed” and “a powerful courtroom advocate with a great client manner”, who is “very clever, very quick and very client friendly” and as having a “persistent and measured cross-examination style [which is] highly effective”. He is equally at home arguing difficult and technical questions of law, and fighting his client’s corner in disputes of fact which turn on the credibility of witnesses. He has extensive courtroom experience, both at first instance and on appeal. He gives clear and practical advice. Greville specialises in the following:

  • The development of land, including: development agreements; options; overage; rights of light; and the interpretation, enforcement, modification and discharge of restrictive covenants
  • The new and old telecommunications codes
  • Contracts for the sale and purchase of land, including: notices to complete; deposits; repudiatory breaches; specific performance; and conveyancing negligence
  • Easements and Riparian Rights, including: rights of way; rights of light; rights in relation to water including rights of drainage; utilities easements and wayleaves; and prescription
  • Commercial landlord and tenant law, including: business tenancies; dilapidations; break options; rent reviews; guarantees; and forfeiture and relief
  • Land registration, including: registered dispositions; priorities, notices and restrictions; alteration and rectification of the register; the correction of mistakes, and the consequences of forgeries and frauds; the priority of mortgages; and adverse possession
  • Injunctions relating to land, including: interim injunctions; final injunctions; and damages in lieu of injunctions
  • The interpretation of land agreements, including: contracts and conveyances; agreements for lease, leases, and agreements to surrender; options and overage agreements; development agreements; mortgages; and all deeds relating to land
  • Mortgages, charges and charging orders, including: the exercise of powers of sale; undue influence; subrogation; and mortgage fraud
  • Agricultural and Rural land law, including: agricultural holdings; farm business tenancies; and agricultural rights of way

He also acts as a legal expert and legal assessor in property law disputes, including in rent reviews, arbitrations over landlord and tenant notices, and cases concerning overage and development agreements, and is a Commercial Rent (Coronavirus) Act 2022 Arbitrator. 

  • Education
    • Greville has a first from Cambridge, and a doctorate from Oxford, both in philosophy, and was a tutor at Oxford for several years before coming to the bar.
    • Scholar of King’s College Cambridge
    • Senior Scholar of Somerville College Oxford
    • He did the law conversion course at City University in 2001, where he won the university’s equity prize.
  • Professional

    • Appointed to the Attorney General’s B Panel of Junior Counsel to the Crown in 2015.

    • Appointed by the Bar Council in 2020 as the barrister member of the Land Registration Rules Committee, the body which advises the Secretary of State about how to exercise the power under the Land Registration Act to make and amend the rules.

    • Bar Vocational Course at the Inns of Court School of Law; called to the Bar at the Inner Temple in 2002. Awarded an Inner Temple Major Scholarship a Princess Royal Scholarship.

  • Selected Cases
    • Done Brothers (Cash Betting) Ltd v L&C Investments Ltd (20 June 2023) (HHJ Charles Khan) Acted for the claimant tenant (Bet Fred) in this business tenancy renewal trial regarding the rent under the new tenancy. The judgment can be viewed here.
    • Schwarzschild Ochs Pty Ltd v Concerto Properties Ltd [2022] UKUT 150 (LC) (Martin Roger QC and Peter McCrea FRICS) Represented the respondent landlord in this application for the modification of a restrictive covenant of a long lease of commercial premises in central London. The decision is available here. 
    • WH Smith v Commerz Real Investmentgesellschaft mbH (25 March 2021) (HHJ Judge Richard Parkes QC) Represented the Claimant tenant in its application to the County Court for a new tenancy of its unit in Westfield Shepherd’s Bush, with a valuation date falling during the second lockdown.  The Court also considered the terms and valuation consequences of a pandemic rent suspension clause. The judgment can be viewed here. 
    • Bernel Ltd v Canal & River Trust [2021] EWHC 16 (Ch) (HHJ Cawson QC) Acted for the successful Defendant in this case concerning the existence of a natural watercourse, the extent of riparian rights, and the prescriptive acquisition of drainage rights.  The judgment is available here. 
    • Thomson v Collins [2020] UKUT 330 (LC) (Diane Martin MRICS FAAV) An application to the Upper Tribunal to discharge a restrictive covenant preventing the conversion of a stone building on farmland into a residential dwelling.  Acted for the successful objector.  The Judgment is available here. 
    • Edgware Road v Church Commissioners [2020] UKUT 0104 (LC). (Peter McCrea FRICS) Represented (together with Edwin Johnson QC) the Church Commissioners in this Upper Tribunal case concerning the modification of a restrictive covenant in a long lease.  The judgment is available here.
    • DL1 Limited v Dew (2020) REF/2018/0738 (Judge Ewan Paton) Represented the successful Applicant in this land registration case concerning the determination of a boundary, and adverse possession.  The Judgment, and Upper Tribunal’s reasons for refusing the Respondent permission to appeal, are available here.
    • Antoine v Barclays Bank [2018] EWCA Civ 2846, Court of Appeal (Longmore, Peter Jackson & Asplin LJJ) Represented (together with Guy Fetherstonhaugh QC) the successful respondent bank in this case concerning the consequences of a fraud, and the rectification of the register under schedule 4 to the Land Registration Act 2002. The judgment is available here. 
    • Fitzwilliam Land Company v Cheesman [2018] EWHC 3139 (QB) High Court, Queen’s Bench Division (Freedman J).  Applied successfully to the High Court for an interim injunction restraining trespass to a large area of land by hunt saboteurs.  The judgment is available here
    • Western Welding Ltd v L J Developments Ltd (2018) High Court, Business and Property Court (HHJ Keyser QC). Applied successfully to the High Court for an interim injunction restraining the interference with a right of way benefitting commercial land. 
    • Kinkela v Bank of Scotland (2018) County Court (HHJ Monty QC).  Acted for the successful defendant in striking out this claim relating to its exercise of its power of sale under a mortgage.  
    • Wales and West Utilities Ltd v Smart Systems Ltd (2017) High Court, Chancery Division (Newey J).  Acted for the respondent in an application to the High Court for an interim injunction relating to a major gas pipeline running through a large aluminium manufacturing and extrusion site.  
    • Cooper v Williams (2017) Agricultural Arbitration (2017) (John Pridmore FRICS).  Acted for the successful tenant in this three-day arbitration concerning notices to quit an agricultural holding in Hertfordshire.
    • Bristow v Jennings (2017) County Court (HHJ Richard Parkes QC). Acted for the successful defendant in this trial concerning the enforceability of a restrictive covenant, which the claimant unsuccessfully argued prevented the defendant’s proposed development. 
    • Karfab v City of London (2017) FTT, Property Chamber, Land Registration (Hewitt).  Acted for the City of London in successfully defeating a prescriptive claim to an easement over a development site in central London. 
    • Sigma Ltd v Select Properties Ltd (2017) County Court (HHJ Dight QC).  Acted for the defendant in this claim for an injunction restraining an interference with the claimant’s alleged rights of light by a proposed development. 
    • The Mortgage Business PLC v Scott (2017) County Court (HHJ Gerald QC).  Acted for the claimant in successfully striking out a counterclaim relating to its exercise of its power of sale under a mortgage.  
    • Fitzpatrick v Spencer (2017) Ch D (Morgan J.) [2017] EWHC 2868 (Ch).  An appeal to the High Court, Chancery Division, regarding the extent of an easement of drainage acquired by prescription.  The judgment can be found here  
    • Smith-Tyrell v Sowden (2016) Agricultural Arbitration (Michael Townsend FRICS FAAV).  Acted as the legal assessor to the Arbitrator in this four-day arbitration concerning notices to quit an agricultural holding in Cornwall. 
    • Shorts v Rahman (2016) County Court (HHJ Harris QC).  Acted for the successful claimant in this trial concerning the defendant’s alleged adverse possession of the claimant’s agricultural land.  
    • Ottercroft Ltd v Scandia Care Ltd [2016] EWCA Civ 867 (Laws L.J., Tomlinson L.J., Lewison L.J.) A decision of the Court of Appeal regarding the granting of a mandatory injunction for breach of a right to light, and the liability of a company director as a joint tortfeasor together with his company. The judgment can be found here
    • Knight v Chalgrove PC (2015) FTT, Property Chamber, Land Registration (Judge Michell). Acted for the successful respondent in a three-day trial concerning an alleged prescriptive right of way over its land.
    • Trustees of Bath Recreation Ground v Sparrow [2015] UKUT 0420 (TCC) (Warren J. & Judge McKenna) A decision of the Upper Tribunal (Tax and Chancery Chamber) concerning the alienability of land held on a charitable trust.
    • Peel Land and Property (Ports No.3) Ltd V TS Sheerness Steel Ltd [2014] EWCA Civ 100 (Rimer L.J., McFarlane L.J. and Voss L.J.) A decision of the Court of Appeal regarding the construction of a lease of a substantial steelworks, and the tenant’s right to remove its valuable fixtures, comprising large parts of the steelworks.
    • Platform Funding Ltd v Davies (2014) County Court (HHJ Gerald QC).  Acted for the successful claimant in this three-day trial concerning subrogation to a prior lender’s security, and alleged undue influence.
    • Lloyds Plc v Khan (2014) County Court (Recorder Freeman). Acted for the claimant tenant in this trial concerning the terms and rent on a renewal of a business tenancy. 
    • Rosefair Ltd v Butler (2014) FTT, Property Chamber, Land Registration (Judge Dray). A trial concerning the removal of unilateral notices protecting certain agreements for leases in a substantial residential development, and contracts for sub-sale.  The judgment can be found here
    • Peel Land and Property (Ports No.3) Ltd V TS Sheerness Steel Ltd [[2014] EWHC 39 (Ch) (Richard Snowden QC) A trial in the High Court, Chancery Division, trial regarding the construction of a commercial lease of a large steelworks plant.
    • Network Rail Infrastructure Ltd v Freemont Ltd (20/06/2013) Ch D; LTL 18/11/2014 (Nicholas Strauss QC) A decision of the High Court, Chancery Division, regarding the interpretation of a commercial lease, and the extent of the demised premises.
    • Peel Land and Property (Ports No.3) Ltd V TS Sheerness Steel Ltd [2013] EWHC 1658 (Ch) (Morgan J.) A trial in the High Court, Chancery Division, concerning a tenant’s entitlement to remove fixtures comprising large parts of a substantial steelworks.
    • Fitzwilliam v Richall [2013] EWHC 86 (Ch); [2013] 1 P. & C.R. 19; [2013] 2 E.G.L.R. 183 (Newey J.) A trial in the High Court, Chancery Division, concerning land registration, and the rectification of the title for a property following a fraud.
    • Samarenko v Dawn Hill House Ltd [2013] Ch 36; [2012] 3 WLR 638 (Rix L.J., Etherton L.J. and Lewison L.J) A decision of Court of Appeal on deposits, and making time of the essence, in contracts for the sale and purchase of land.
    • Miscela Limited v Coffee Republic Retail Limited [2011] EWHC 1637 (QB) (Coulson J.) An appeal to the High Court, Queen’s Bench Division, on the construction of a commercial franchise agreement.
    • Somerfield Stores Ltd V Spring (Sutton Coldfield) Ltd (In Administration) [2011] L & TR 8; [2010] 3 EGLR 37 (Judge David Cooke) An appeal to the High Court, Chancery Division regarding a summary judgment application made in a claim for a new business tenancy under the Landlord and Tenant Act 1954.
    • London Borough of Camden [2010] UKUT 194 (LC) An appeal to the Lands Tribunal on the interpretation of a lease of a large block of flats.
    • Packman Lucas Ltd v Mentmore Towers  [2010] EWHC 1037 (TCC); [2010] B.L.R. 465 (Coulson J.) A decision concerning orders for sale in the High Court pursuant to charging orders.
    • Carmel Southend Ltd v Strachan & Henshaw Ltd [2007] EWHC 1289 [2007] 24 EG 168 (TCC) (His Honour Judge Peter Coulson QC) A dilapidations trial in the Technology and Construction Court concerning the standard of repair under a commercial lease.
    • Clarke and another v Illiffes Booth Bennett (a firm) [2004] All ER (D) 369 (Lawrence Collins, J.) A High Court trial concerning solicitors' negligence in a property transaction.
  • Publications, talks and seminars
    • Greville is a contributing editor of two of the leading property law textbooks: Fisher & Lightwood’s Law of Mortgages; and Hill & Redman’s Law of Landlord and Tenant.
    • He is also contributing editor of the Woodfall Landlord and Tenant Bulletin, and regularly writes articles and gives talks and seminars on aspects of the law of real property.

     

    Leading textbooks

    •  Fisher & Lightwood’s Law of Mortgages (contributing editor)
    •  Hill & Redman’s Law of Landlord and Tenant (contributing editor)

     

    Articles

     

    Seminars and talks

    • Enigmatic Easements and Whimsical Wayleaves – a PLA talk on utilities easements
    • Rectification of the register – a Property Bar Association Workshop
    • The ownership and removal of fixtures: a Blundell lecture
    • Agricultural landlord and tenant dispute resolution: a joint Savills/Falcon chambers seminar
    • Deposits and penalties: a PLA seminar
    • Rights of Light: a Lovells seminar
    • The Digital Economy Bill - a new telecommunications code: a Geldards seminar
    • Injunction or Damages: a talk on the Court’s discretion to grant damages in lieu of an injunction
    • Insolvency and Corporate Tenants: a seminar on winding up, administration, and CVAs, for landlord and tenant lawyers
    • Prescriptively acquired easements - their nature and extent: a talk to the Bristol Law Society
    • Recovering Possession of Agricultural Land for Development: a Falcon Chambers seminar
    • Registered Land – Current Issues: a Falcon Chambers seminar
    • Rent Review: a Falcon Chambers seminar on recent developments in the law
    • Restrictive Covenants: a Falcon Chambers seminar on developments in the law regarding the transmission of the benefit and burden of, construction of, and discharge or modification of, such covenants between freeholders
    • The Telecommunications Code: a Bristol Law Society seminar
    • What are restitutionary damages? a Falcon Chambers seminar on damages for breaches of property rights.
"Greville's grasp of the minute detail is outstanding."Chambers and Partners UK Bar Guide 2024 (Real Estate Litigation)
"Greville is very pragmatic in his approach and is always prepared to go the extra mile for his clients."Chambers and Partners UK Bar Guide 2024 (Real Estate Litigation)
"An excellent barrister, who delivers sound advice."Chambers and Partners UK Bar Guide 2024 (Real Estate Litigation)
"Greville's knowledge, conciseness and attention to detail are second to none."Chambers and Partners UK Bar Guide 2024 (Real Estate Litigation)
"Greville Healey has extensive knowledge of AHA tenancies. He is also very commercial, client-friendly and sees the bigger picture."Chambers and Partners UK Guide 2024 (Agriculture and Rural Affairs)
'Formidable knowledge of the law. Excellent with clients.’Legal 500 2024 (Property Litigation)
'Greville has extensive knowledge on agricultural property disputes; he is also very commercial and liked by clients.’Legal 500 2024 (Agriculture)
"He is very thorough, great to work with and engaging. He is really willing to sit down and talk through the issues and explore every avenue. He is very experienced in agricultural disputes."Chambers and Partners UK Guide 2023
"He is an excellent barrister and a safe pair of hands for complex agricultural litigation."Chambers and Partners UK Guide 2023
"Greville is really on top of the legal and technical issues in any case. In his written work he is excellent, very concise and reasonable." Chambers and Partners UK Guide 2023
"Greville is very knowledgeable and very good with the clients; he makes clients understands the goals."Chambers and Partners UK Guide 2023
‘Greville’s persistent and measured cross-examination style is highly effective. ’Legal 500 2023
Greville Healey has expertise in a wide range of real estate matters, including rights of way and right to light issues, rent reviews, lease renewals and restrictive covenants. He is appreciated for his ability to handle complex matters and he receives praise for his excellent client handling. "He is very good technically, with a broad knowledge across all areas of property litigation." "He is very good at tricky issues. He's an excellent barrister."Chambers UK Guide 2022 (Real Estate Litigation)
‘ Very quick to pick up a point and to get to grips with the key issues in a case. He is an excellent advocate and very quick thinking on his feet. His written advice is well thought through and he provides sensible commercial advice.'Legal 500 2022
His practice is centred on rights of way and right to light issues, as well as landlord and tenant law. Clients appreciate his ability to handle complex matters and he receives consistent praise for his practical advice. He is also well versed in the Electronic Communications Code. Strengths: "A real team player who is incredibly popular with clients." "An outstanding all-round barrister who is very strong technically and a really good advocate." "He's got a good grasp of landlord and tenant work and also telecommunications."Chambers and Partners UK Guide 2021 (Real Estate Litigation)
Real property specialist with expertise in agricultural and farm business tenancies. He handles conveyancing disputes, public and private rights of way cases, matters relating to leasehold reform and drainage cases. He has also acted for public bodies in major access disputes. Strengths: "He is very good - very straight to the point and very clear."Chambers and Partners Guide 2021 (Agriculture & Rural Affairs)
"Very bright indeed. Excellent with the clients - they feel very confident with him. Able to give clear and commercial advice in lay terms, while also being technically very strong. Very user friendly."Legal 500 2021
"He is clearly a formidable practitioner. Among his specialisms are arbitrations over agricultural holdings and injunctions relating to land."Legal 500 2021 (Agriculture)
His practice is centred on rights of way and right to light issues, as well as landlord and tenant law. Clients appreciate his ability to handle complex matters and he receives consistent praise for his practical advice. He is also well versed in the Electronic Communications Code. Strengths: "Great to have on your side – quick-witted and practical at the same time." "Very client-focused and a strong advocate. He is extremely personable and easy to work with." "He provides very thorough, practical and authoritative advice." Recent work: Acted in Surridges & Langshott v Martin Grant Homes, a case concerning the interpretation of a development agreement.Chambers and Partners UK Guide 2020 (Real Estate Litigation)
"He is very dedicated to any case you give him and is a great advocate on his feet."Legal 500 2020
Greville Healey focuses his practice on a range of matters including land agreements, developments and easements. He is "very clever" and "can get on top of the material very quickly". Who's Who Legal UK Bar 2019 Guide
"His practice is centred on rights of way and right to light issues, as well as landlord and tenant law. Clients appreciate his ability to handle complex matters. He is also well versed in the Electronic Communications Code. Strengths: 'Very client-focused and a strong advocate.' 'Goes the extra mile to provide excellent service.' Recent work: Acted for the City of London in a right of way case against Karfab." Chambers UK Guide 2019 (Real Estate Litigation)
"Real property specialist with expertise in agricultural and farm business tenancies. He handles conveyancing disputes, public and private rights of way cases and matters relating to leasehold reform. He has also acted for public bodies in major access disputes. Strengths: 'Really bright and gives clear advice on a range of matters.' Recent work: Represented the appellant in Roberts v Pilkington, an adverse possession case." Chambers UK Guide 2019 (Agriculture & Rural Affairs)
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