Picture of Emma Pinkerton

Emma Pinkerton

Partner

CMS Cameron McKenna Nabarro Olswang LLP
College Square
2 Anchor Road
Bristol
BS1 5UE
United Kingdom
CMS Cameron McKenna Nabarro Olswang LLP
College Square
2 Anchor Road
Bristol
BS1 5UE
United Kingdom
Languages English

Emma Pinkerton is a partner in our Real Estate Disputes team. She works closely with our wider Real Estate team where she provides advice based on her in depth experience of all types of property disputes in  Courts and Tribunals as well as alternative dispute resolution.

She acts for a wide range of clients but focuses on the energy sector, advising on development agreements, interpretation of deeds, option and overage provisions, rights of light, nuisance and trespassers. She also has experience of contentious planning matters including Judicial Review and applications to modify restrictive covenants.

Emma is very responsive to clients’ needs and works to build lasting relationships.

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Relevant experience

  • The vacant possession strategy for the development and re-development a major city centre shopping centre. Also dealing with a claim for noise disturbance and advising in relation to an extensive rights to light issue which was successfully resolved by reaching settlement with adjoining landowners.
  • Various issues in preparation of site disposal including assisting and facilitating moving and removing tenants to enable remediation works; reviewing 300 tenancies at will and advising on impact in terms of vacant possession strategy; reviewing the position at various sites to advise on rights to move and remove pipelines and associated equipment.
  • Alongside the planning team on a number of Judicial Review proceedings including challenging the granting of planning permission to ensure the continued viability of a town centre shopping area.
  • Six defendant property fund companies within the Lloyds Banking Group in a High Court claim in relation to a breach of contract and a GBP 4m counterclaim for rectification of the value of various pension funds.
  • Scottish Widows in a High Court claim for rectification of a lease and under-lease. This decision was over-turned on Appeal and is now cited as one of the leading authorities on interpretation of contracts.
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Education

  • 1998 - Anthropology and Law BA, London School of Economics
  • 2001 - LPC, College of Law, London
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11 January 2017
Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
14/02/2019
Gov­ern­ment plans to crack down on il­leg­al trav­el­ler sites
In good news for landown­ers, the Home Sec­ret­ary, Sajid Javid, has an­nounced draft meas­ures to make it easi­er to re­move trav­el­lers from land they should not be on.   This is par­tic­u­larly rel­ev­ant for those im­pacted by fly-tip­ping activ­it­ies (see our earli­er Law-Now.
05/12/2018
Busi­ness lease re­new­als: un­con­di­tion­al in­ten­tion to re­devel­op
The Su­preme Court has giv­en its eagerly-awaited de­cision on the right for a land­lord to rely on the re­devel­op­ment ground in or­der to pre­vent a ten­ants right to re­new its busi­ness lease (S Franses Ltd v The Cav­endish Hotel (Lon­don) Ltd).
24/10/2018
(Not) ready, (un)able and (un)will­ing to com­plete 
The re­cent High Court case of Cantt Pak Lim­ited v Pak South­ern China Prop­erty In­vest­ment Lim­ited con­firms that, at least on the facts of that case, a seller’s sub­sequent re­pu­di­at­ory breach of con­tract will not in­val­id­ate a no­tice to com­plete which has been.
17/10/2018
Own­er of de­vel­op­ment land ob­tains in­junc­tion to pro­tect against risk...
The Court has gran­ted a fi­nal in­junc­tion on a quia timet basis (which trans­lates as “he fears”) against spe­cif­ic cat­egor­ies of “per­sons un­known” (Vastint Leeds BV v Per­sons un­known). The in­junc­tion will as­sist a de­veloper landown­er in pro­tect­ing its site.
12/09/2018
Suc­cess fees and ex­pert evid­ence in the Up­per Lands Tribunal
A re­cent Up­per Tribunal de­cision has em­phas­ised the im­port­ance of the in­de­pend­ence of ex­pert wit­nesses re­flect­ing, if stop­ping short of ad­opt­ing, the po­s­i­tion in the courts, where the evid­ence of an ex­pert act­ing un­der a con­tin­gency fee will only very rarely.
19/06/2018
Re­strict­ive cov­en­ant mod­i­fied to al­low de­vel­op­ment
Mrs Geall wanted to con­vert a barn on land which she owned in East Sus­sex in­to a three-bed­room house and ob­tained the ne­ces­sary plan­ning per­mis­sion. However, she was un­able to start work be­cause of a re­strict­ive cov­en­ant pre­vent­ing build­ing, which was con­tained.
18/05/2018
So­li­cit­ors’ PI: in­no­cent so­li­cit­ors are fin­an­cially li­able in prop­erty...
In a sur­pris­ing de­cision of the Court of Ap­peal in Dream­var (UK) Lim­ited v Mish­con de Reya, it has been held that a buy­er’s con­vey­an­cing so­li­cit­ors who had not been neg­li­gent in their con­duct of the trans­ac­tion and had ac­ted hon­estly and reas­on­ably should,.
02/03/2018
Con­sent to as­sign: bad reas­ons will not al­ways in­fect good reas­ons
The Court of Ap­peal has re­versed the High Court de­cision in No. 1 West In­dia Quay (Res­id­en­tial) Ltd v East Tower Apart­ments Ltd [2018] EW­CA Civ 250 (see Oc­to­ber 2016 Law Now). It found that a land­lord’s re­fus­al to grant con­sent can be reas­on­able even if, where.
20/02/2018
Busi­ness rates in multi-oc­cu­pied prop­er­ties: pro­pos­als to end "the...
The De­part­ment for Com­munit­ies and Loc­al Gov­ern­ment’s con­sulta­tion on le­gis­lat­ive changes to re­in­state the pre-Maz­ars meth­od of as­sess­ing “hered­it­a­ments”, in­clud­ing back­dat­ing pro­vi­sions, is due to end shortly and all re­sponses should be sub­mit­ted by 23 Feb­ru­ary.
17/01/2018
Stream­lin­ing lit­ig­a­tion: the im­pact on prop­erty dis­putes
There have been a num­ber of re­cent changes and pro­pos­als with an aim of stream­lin­ing the lit­ig­a­tion pro­cess in Eng­land and Wales. The fo­cus has been on main­tain­ing our “world class” leg­al sys­tem whilst en­abling ac­cess to justice across Eng­land and Wales.
12/10/2017
Ring-fen­cing: what Land­lords need to know
What is ring-fen­cing? Ring-fen­cing is a pro­cess that the largest UK banks must com­ply with in or­der to sep­ar­ate their core re­tail bank­ing from in­vest­ment bank­ing. The pur­pose of the pro­cess is to sup­port fin­an­cial sta­bil­ity by sim­pli­fy­ing the struc­ture of.