Daniel Cuthbert

Dan advises further and higher education institutions on all types of contentious property matters. Dan has a commercial and risk advisory approach to property litigation often advising on transactions in order to help unlock value as well as dealing with standalone disputes.

• Advised College with regards to a major refurbishment project which was potentially impacted by restrictive covenants. Dan helped to protect the College from any liability and thereby unlock the refurbishment.
• Advised College with regards to complicated ownership and control of a swimming pool, helping to reduce the management cost going forwards.
• Assisted with the creation of student accommodation templates.

Dan has acted for retailers on their property litigation requirements for over 17 years. He has acted for retailers such as Marks and Spencer, Ikea, Halfords, Cotswold Outdoor, Dreams, French Connection, Ralph Lauren, Alexon, Bestseller Retail, Irisa, Jacques Vert, Screwfix, Pretty Green, Ann Summers and Mulberry over the course of his career. Dan has for many years helped organise regular retail debates debating all types of issues impacting on the sector. Dan has advised and assisted with re-gears, renewals, boundary issues, site clearance, dilapidation claims, service charge issues and many other landlord and tenant disputes.

Telecoms

Dan has a national reputation as one of the leading property litigation lawyers dealing with cases pursuant to the Telecommunications Code. Whilst he used to act for a major telecoms operator he has since 2013 only acted for landowners/site providers. He dealt with one of the key cases before the Tribunal and has helped Public Bodies, a Major Housebuilder, a major Utility Company as well as small and large landowners understand and deal with the issues created by the new Telecommunications Code. Dan was recommended nationally to all members of the NFU and was part of the GLA Group that created the more balanced template Code Agreements. Dan has dealt with a number of unreported cases before the Tribunal and has been able to have telecom apparatus removed from land that was going to be developed. Dan has a particular focus on dealing with development land impacted by telecoms apparatus.

Development

Dan has worked with developers for many years. He has advised Persimmon, Barratt, Linden, Berkeley Homes, Martin Grant Homes and many other housebuilders and commercial developers with regards to their development sites. His expertise extends to claims involving restrictive covenants, rights of way, utilities and telecom equipment rights, overage, boundary issues, frustration of contract and site clearance. In addition to dealing with disputes, Dan also provides risk advisory assistance on transactions in order to try and avoid disputes at a later stage.

Recent Work

• Cornerstone Telecommunications Infrastructure Ltd v Keast [2019] UKUT 116 (LC) – one of the key cases on the new Telecoms Code.
• Gold Group Properties Ltd v BDW Trading Ltd BLM Vol. 27 No. 7 TCC, EWHC 1632 (TCC) – A case dealing with frustration of contract and the duty of good faith.
• Advising Local Authority and negotiating settlement in respect of rights of light in relation to three separate tower block developments being undertaken and which were going to impact on land they owned.
• Police v Operator – unreported telecoms case dealing with the removal of apparatus at property that was due to be developed.
• Police v Operator – unreported telecoms case dealing with the removal of apparatus where the operator had failed to correctly serve notice.
• Commercial Developer v Supermarket – two expert determinations relating to a supermarket seeking to cancel a development agreement.
• Advising Local Authority and negotiating settlement in respect of £10m dilapidations claim.
• Landowner v Operator –  settled case relating to request to install telecoms apparatus
• Working as part of the GLA Group to create balanced Code template agreements.
• Advising major housebuilder with regards to potential difficulties created by there being telecoms equipment at a site being purchased for circa £50m.
• Advised major utility company with regards to telecoms strategy for apparatus to be installed on their land.
• Advising Local Authority in respect of major regeneration (£400m) scheme in London with regards to restrictive covenants, overage, foreign guarantors, rights of way over land and water and pre-emption agreements relating to affordable housing.
• Advising Local Authority in respect of major regeneration (£450M) scheme in South West involving complex issues relating to restrictive covenants and the payment of overage.

Dan has acted for London Borough and Regional Councils as well as other public bodies such as the NHS, Police and Education establishments dealing with a wide range of property issues. He has helped his public sector clients with issues such as: rights of light, restrictive covenants, overage, dilapidations, service charge disputes, telecoms, lease renewals and landlord and tenant disputes.