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Ian Chappell

Partner, Deputy Head of Real Estate London T +44 (0) 20 7759 1432
ianchappell@incegd.com

Department Commercial property Qualified England & Wales, 1994 Languages English & Norwegian

Ian Chappell

You, Ian Chappell
& Ince, in any case

Ian is a Property and Construction Litigator, with over 20 years’ specialist experience in contentious property and construction law matters, with a particular expertise in acting for land owners, landlords, developers and construction professionals, who make up the majority of his client base. 

Ian provides specialist advice on a full range of contentious property matters and disputes that arise in connection with the acquisition, ownership, development and management of both residential and commercial properties. His experience includes advising on breach of contract claims, lease disputes, commercial lease renewals, breaches of covenant, boundary disputes, adverse possession claims, rights of way and light issues and trespass and possession claims. He is also regularly involved in the removal or alteration of restrictive covenants, that would otherwise prevent development, and provides advice on profit share and overage contract disputes and planning agreements.

On construction matters, Ian provides advice on a number of different issues, including breach of contract claims, material damage claims, professional negligence, arbitration, adjudication and mediation, interim and final account assessments, design disputes and delay claims.

 

Legal Directory Quotes

The Legal 500 UK

  • Willingness for aggressive case management"

  • "An excellent negotiator"

  • "Attentive, knowledgeable and thorough"

Professional associations & memberships

  • Property Litigation Association

What you may not know about Ian

Being married to a Norwegian has resulted in Ian becoming a keen sea fisherman and cross country skier.

Accolades:

  • The Legal 500 – recommended lawyer for Property Litigation, in 2014, 2015, 2016, 2017 and 2018

Matter highlights

  • Successfully representing a freehold owner and landlord of a substantial multimillion pound mixed use development in Central London in connection with a dispute which arose as a consequence of occupiers asserting protected rights in multiple locations within the development under the Landlord and Tenant Act 1954, breach of contract, fraudulent misrepresentation, restitution, unjust enrichment, proprietary estoppel and constructive trust.

  • Possession of numerous commercial and residential units in London against both named tenants and trespassers including successfully defending applications for injunctions made by tenants to prevent possession.  Possession was obtained which then allowed demolition to occur for redevelopment.

  • Successfully defending a Housing Association in response to very large claims made by a local planning authority that provisions of various section 106 Agreements were not complied with.

  • Successfully acting for a major residential developer in an adjudication and subsequent legal claim in the Technology & Construction Courts concerning a multi-million pound groundwork contract.

  • Protecting over 40 purchasers’ rights over various unbuilt residential units in a development site in West England arising following the payment of 50% deposits to the developer pursuant to the contracts of sale.

  • Defending various claims made by defaulting purchasers of residential units constructed in London who were seeking the return of their deposits and other stage payments made following the purchasers’ failure to comply with the terms of the contracts for sale leading to their rescission and termination.

  • Acting for a developer in connection with the successful settlement of a significant dispute arising out of a profit share agreement for a major development site in London.

My recent publications

News / Commercial rent arrears, forfeiture and the Coronavirus Act 2020

31-03-2020 / Real Estate

The Coronavirus Act 2020 (the Act) received royal assent on 25 March 2020 and is now law. This new legislation followed the government’s earlier press release which confirmed that “Commercial tenants who cannot pay their rent because of the coronavirus will be protected from eviction” [our emphasis].

Commercial rent arrears, forfeiture and the Coronavirus Act 2020

News / Look out: Ian Chappell's Article in Property Briefing

18-12-2015 / Real Estate

This article was first published in Haysmacintyre's Autumn 2015 Property Briefing When objects fall off buildings causing damage or injury, the liability faced by the property owner (and its insurer) can potentially be significant. There are, of course, many reasons why masonry or cladding, bits of steel or glazing might fall from a building and usually expert investigation will be able to show why it happened. The courts then decide (with the assistance of the parties’ lawyers) who is liable for the loss and damage by establishing whether a contractual and/or other duty of care was owed, who owed it and whether there was a failure in that duty.

Look out: Ian Chappell's Article in Property Briefing