Nicholas Berry began his legal career in a leading common law chambers in Gray’s Inn and continues to maintain a significant practice in London. His instructions predominantly come through long-standing solicitor and professional clients, often by direct recommendation. He is frequently retained in complex company and partnership disputes, and is regularly instructed to act for professional clients—including solicitors, barristers, surveyors, architects, doctors, and veterinarians—in both commercial matters and sensitive personal issues.
Nicholas Berry specialises in a broad range of property and chancery work, with extensive experience in both contentious and non-contentious matters. His practice areas include:
Core Areas Of Practice
Land Law, Conveyancing, and Title Investigation
- Advising on title matters related to the transfer of early Anglican and Church of England schools in Somerset and Devon, pursuant to the Education Acts.
- Advising on title issues and legal challenges in connection with significant commercial redevelopment projects in the West Country, particularly in market town centres with historical or mixed prior uses.
- Drafting and advising on overage provisions for both commercial and residential property transactions, including transfers of whole or part of both registered and previously unregistered land. I have lectured extensively on related topics, including the Land Registration Act 2002.
- Advising and drafting in relation to planning restrictions, Section 106 agreements, restrictive covenants, and related applications to the Upper Tribunal (Lands Chamber).
- Advising on easements and title issues concerning watercourses and riparian rights.
- Acting for both local authorities and private individuals in adverse possession claims.
- Advising on statutory access rights and legal issues surrounding the installation of power lines and telecommunication infrastructure, including transmission stations for major internet and mobile network providers.
Trust Law and Land Transfers
- Settling TR1s and TP1s for complex land transfers.
- Advising and drafting in complex trust matters, both domestic and international, often in collaboration with tax advisers and specialist solicitors.
Commercial Leasing
- Drafting commercial leases, including agreements for lease renewals under the Landlord and Tenant Act 1954.
- Advising on and drafting subletting arrangements for significant commercial holdings in Inner London and industrial estates.
- Representing parties in contentious and high-value development projects in urban areas, often involving legal challenges from businesses or the public. This work stems from longstanding involvement in planning disputes, where I regularly represented County and Parish Councils in the West Country, and now extends to commercial lease negotiations and drafting.
Residential Leasing
- Drafting tripartite leases and commonhold arrangements on behalf of lessors, tenants, and management companies.
- Preparing model residential leases for large-scale flat developments, including recent work on a 57-unit scheme in Outer London, addressing shared access and parking provisions.
Intellectual Property and Technology
- Advising on and drafting IP protection measures and restraint of trade clauses for various companies, including protection of employee-generated IP, confidentiality obligations, and post-employment restrictions.
- Exploring the implications of AI developments on intellectual property rights.
- Drafting IT policy and operational guidelines for police authorities.
- Advising local authorities and private clients on internet publication issues, including defamation and reputational risk.
- Drafting shareholders' agreements for an international IT firm.
Trusts of Land (TOLATA 1996) - Expertise and Case Work
Trusts of Land (TOLATA 1996) – Expertise and Case Work
Over the past five years, Nicholas has acted in nearly 60 TOLATA cases, dealing with complex disputes in the High Court, County Court, and the Court of Appeal. He has written and lectured extensively on equitable accounting in TOLATA claims. His chancery practice also includes disputes involving inheritance, partnership, and commercial issues that frequently intersect with trust and land law.
Selected Cases of Interest:
- Inheritance and Co-ownership Dispute: Acted for a woman whose partner claimed an interest in her property following 18 years of cohabitation, based on mortgage contributions and a "course of dealing". The dispute involved the application of Stack v Dowden and Jones v Kernot. The case included harrowing evidence from the client taken from her hospital bed while terminally ill, due to concerns over the inheritance rights of her children from different relationships.
- Executor-Beneficiary Dispute: Represented parties in a dispute where beneficiaries challenged an executor’s personal interest in a shared property with the deceased. The case involved a nuanced interplay of Inheritance Act claims and TOLATA principles.
- Equitable Estoppel and Development Interests: Involved in a high-value claim where an individual asserted an equal share in a £35 million property development business based on a longstanding informal relationship and equitable estoppel. The case spanned multiple legal domains including foreign jurisdictions, family, and company law.
- Appeal on Contributions During Cohabitation: Appeared in a matter on appeal dealing with judicial treatment of financial and non-financial contributions during a cohabiting relationship.
- Public House and Murder Claim: Advised in a highly unusual claim involving a convicted murderer who sought a beneficial interest in a public house owned by a deceased partner, whom he had lived with and whose husband he subsequently murdered
