Michael Clarke

Michael is a Managing Associate in the Property Litigation group, specialising in contentious commercial property matters.

He advises on a broad spectrum of landlord and tenant disputes relating to commercial premises, including lease renewals, dilapidations, forfeiture and tenant insolvency. He has also acted on high value commercial landlord and tenant disputes in relation to landlord breaches of disrepair covenants, and acted for the successful claimant in a High Court case regarding access to the tenant's goods under the Torts (Interference With Goods) Act 1977. Michael also advises on real property matters, including defending a high-value claim for injunctive relief in respect of a right of way.

Michael acted for the successful landlord in its application for summary judgment in the case of Bank of New York Mellon (International) Limited v Cine-UK Limited, which also included concurrent applications against SportsDirect and Mecca Bingo. In this case the tenants had withheld rent as a result of closures during the Covid-19 pandemic. The landlord was successful in its application for summary judgment, on the basis there was no real prospect of the tenants successfully defending the claims.

Michael is developing a substantial rights of light practice and acts on large-scale developments in the City of London and the surrounding area.

On the residential side, Michael acted for the successful claimants in a six-day trial for possession, which included issues surrounding proprietary estoppel and constructive trusts. He also regularly acts on matters relating to residential lease extensions and collective enfranchisement.