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Portrait 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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06 April 2021
Re­struc­tur­ing Plans – a power­ful new tool for re­struc­tur­ing lease li­ab­il­it­ies?
Des­pite the scale of the pan­dem­ic and res­ult­ing build-up of Cov­id re­lated rent ar­rears, cur­rently es­tim­ated at around £4.5bn, busi­ness re­struc­tur­ing has been re­l­at­ively muted. This is partly ex­plained...
01 April 2021
Deal­ing with un­wanted per­sons such as protest­ors on your land - some do’s...
If there are people on your land who are not leg­ally en­titled to be there and are caus­ing you or your com­pany dif­fi­culties or dis­rup­tion, there are rem­ed­ies that can be sought from the court. One of the...
26 March 2021
Tres­pass­ers Be­ware! – is­sues of iden­ti­fic­a­tion, ser­vice and en­force­ment...
In­junc­tions dir­ec­ted against “Per­sons Un­known” and par­tic­u­larly how they should prop­erly be iden­ti­fied and served con­tin­ue to cause dif­fi­culties for com­pan­ies and gov­ern­ment bod­ies in­volved in pro­jects...
28 January 2021
COV­ID-19 and Busi­ness In­ter­rup­tion In­sur­ance: im­plic­a­tions for land­lords...
We re­por­ted earli­er this month on the wide-ran­ging im­plic­a­tions of the Su­preme Court’s judg­ment in the FCA’s Test Case on non-dam­age busi­ness in­ter­rup­tion (BI) cov­er for losses arising from the COV­ID-19...
15 December 2020
In­junc­tions against per­sons un­known: the im­port­ance of val­id ser­vice
Back­ground On 16 Oc­to­ber 2020 Mr Justice Nick­lin made a case man­age­ment or­der seek­ing to man­age 38 sep­ar­ate claims brought by vari­ous loc­al au­thor­it­ies in which sim­il­ar in­junc­tions had been gran­ted (some­times...
30 October 2020
Fur­ther Lim­its on In­junc­tions against Per­sons Un­known
Sum­mary The re­cent case of Lon­don Bor­ough of En­field and Per­sons Un­known and Lon­don Gypsies & Trav­el­lers [2020] EWHC 2717 (QB) builds upon and high­lights the pro­ced­ur­al changes brought about by a num­ber...
29 October 2020
Busi­ness in­ter­rup­tion policy with phys­ic­al loss trig­ger did not cov­er COV­ID-19...
This was a claim for sum­mary judg­ment by Al­li­anz, in re­sponse to a claim by the Kens­ing­ton Crêper­ie, a café in West Lon­don. Al­li­anz were the in­surer of the café (TKC Lon­don Ltd v Al­li­anz In­sur­ance...
20 October 2020
In­dem­nity for cost of con­tam­in­ated land
Head­line points This case con­cerned a coun­ter­claim by a land­lord for the cost in­curred by it in re­medi­at­ing its prop­erty pri­or to un­der­tak­ing a ma­jor re­devel­op­ment pro­ject which in­cluded a lar­ger par­cel...
16 October 2020
Mon­sol­ar IQ Ltd v Woden Park Ltd: In­ter­pret­a­tion of rent re­view pro­vi­sions...
In our pre­vi­ous Law-Now we dis­cussed the de­cision in June this year of Mr Justice Fan­court in the un­usu­al case of Mon­sol­ar IQ Ltd v Woden Park Ltd on the in­ter­pret­a­tion of an in­dex linked rent re­view...
01 September 2020
Re­strict­ive Cov­en­ants: some clar­ity but still sub­ject to com­pet­i­tion law
The re­cent case of Pen­in­sula Se­cur­it­ies Ltd v Dunnes Stores (Bangor) Ltd has cla­ri­fied the law around chal­lenges to cov­en­ants which seek to lim­it the use of land. The case in­volved an ap­peal by a re­tail...
17 July 2020
Sun rays don't mean rent raise -un­in­ten­ded con­sequences of rent re­view...
Back­ground The case of Mon­sol­ar IQ Ltd v Woden Park Ltd in­volved the in­ter­pret­a­tion of the an­nu­al rent re­view pro­vi­sions of a lease gran­ted over bare ag­ri­cul­tur­al land for a term of 25 years and six months...
02 July 2020
New Cor­por­ate In­solv­ency and Gov­ernance Act - what it means for the land­lord...
The Cor­por­ate In­solv­ency and Gov­ernance Act is the single biggest set of changes to the in­solv­ency re­gime in Great Bri­tain and North­ern Ire­land in a long time.  Land­lords will have to grapple with new...