Picture of Emma Pinkerton

Emma Pinkerton

Partner

CMS Cameron McKenna LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
CMS Cameron McKenna 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 investig...
12 Apr 17
Breakfast Briefing: The ABC of Notices
21/03/2017
Landlord and Tenant - Limits on damages for failure to repair 
Landlords’ dilapidations recovery may be limited to the cost of work they actually carry out -Car Giant Ltd and another v Mayor and Burgesses of the London Borough of Hammersmith [2017] EWHC 197 (TCC) Background Hammersmith Borough Council’s lease included.
17/03/2017
Business specialist courts come together under a new umbrella
From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”, the Courts and Tribunals Judiciary has announced. The Business and Property Courts will bring together all the business specialist.
10/03/2017
Guardian of the Property? The risk and reward of using property g...
A recent decision in the Bristol County Court highlights the risks of property guardianship schemes for property owners. Guardians live in commercial property which would otherwise sit unoccupied and, through their occupation, deter vandalism and squatting.
03/03/2017
Business rates: finally some good news for a rate payer
The UK Supreme Court has issued its decision in the appeal in Newbigin (VO) v S J & J Monk, which is likely to have a significant positive effect on rates liabilities for owners and developers of property which is the subject of refurbishment or redevelopment.
14/12/2016
Public interest may trump breach of legal obligations
A housing development has been allowed even though it was built in breach of a restrictive covenant on the land, on the condition that the developer pays a sum of money in compensation to the party with the benefit of the restrictive covenant.
12/12/2016
Asda kept on the hook by using one wrong word in a development ag...
The case Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch) involved an attempt by Asda (through its subsidiary McLagan) to walk away from a conditional development agreement affecting a site on the edge of Worksop in Nottinghamshire.
02/12/2016
Court confirms circumstances in which “normal measure” of damages...
In Quilter v Hodson Developments Ltd [2016] EWCA Civ 1125 the Claimant, Ms Alison Quilter, purchased an apartment managed by the Defendant, Hodson Developments Ltd. When responding to the Claimant’s standard pre-contract enquiries, the Defendant made misrepresentations.
09/11/2016
Previous valuation of same property by the same valuer does not p...
The Court of Appeal has held that a valuer appointed under a settlement agreement was not prevented from being “independent” for the purposes of that agreement merely because he had valued the same property before.
17/10/2016
Landlord consent to assign: the bad may vitiate the good
A recent appeal decision of the High Court considers the reasonableness of a landlord’s refusal to grant consent to an assignment. The judgment confirms that where the landlord relies upon multiple reasons for withholding consent, one unreasonable condition.
14/10/2016
Land Registry privatisation plans postponed
Government plans to privatise the Land Registry for England and Wales have been put on hold. Proposals earlier this year had set out alternatives to the public model and measures to this effect were expected to be put before Parliament in September.
03/10/2016
Fly tipping may warrant urgent high court applications
The arrival of trespassers on commercial land usually results in large amounts of fly tipping in a matter of days that can cost thousands of pounds to clear up with little or no recourse to the trespassers.
27/09/2016
Break notices - a Scottish and English perspective
Summary A recent decision of the Scottish courts in Tyco Fire & Integrated Solutions (UK) Limited v Regent Quay Development Company Limited [2016] suggests that in Scotland at least, a clerical error alone in including only part of the demised premises, will.
09/09/2016
A light touch - take care with neighbours rights
Ottercroft Ltd – v – Scandia Care Ltd; Ottercroft Ltd – v – Rahimian In this recent case, which should act as a reminder to developers not to act in a heavy handed manner, the Court of Appeal unanimously upheld an injunction awarded at first instance requiring.
12/07/2016
Energy: onshore pipelines - nothing goes without saying
In the recent case of Perenco UK Limited Southern Gas Networks PLC v Mr William Henry Bond [2016] EWHC 1498 (TCC) the Technology and Construction Court refused to imply a term into a deed concerning compensation to the land owner for “sterilisation” so as to.