Patrick Rolfe - 5 Stone Buildings
Junior counsel

Patrick Rolfe

Call to Bar:1987

Chambers UK 2015

A very bright and consistent performer who gives the client a great deal of confidence.

Patrick is a specialist property litigator and advisor, whose wide mix of clients include investors, London estates, banks and financial institutions, developers of all sizes and professional indemnity insurers, as well as individuals.

5 Stone Buildings - brick wall
Chambers UK 2017

He is a really excellent barrister and knows the law inside out. He really fills you with confidence and knows what he is talking about. He is good on his feet as well."

Chambers UK 2016

He is a very bright brain and analyses the situation perfectly. He is impressive as an advocate."

Chambers UK 2011

Razor-sharp advocacy with many fans in the market."

About Patrick Rolfe

Professional Reputation

In addition to having extensive experience of litigation in the Courts and before specialist property tribunals such as UT (Lands Chamber), FTT (Property Chamber), Patrick regularly advises not only on non-contentious matters but also in relation to problems which have not yet become litigious, often receiving direct referrals from major industry players, their agents and advisors.

Patrick has been ranked in Chambers and Partners UK for Real Estate Litigation since 2005, and in the Legal 500 for Property Litigation since 2010

“He is a really excellent barrister and knows the law inside out. He really fills you with confidence and knows what he is talking about. He is good on his feet as well.” “Very practical in his approach and good to deal with.” 

Chambers UK 2017

He is a very bright brain and analyses the situation perfectly.” “He is impressive as an advocate”

Chambers UK 2016

“Responsive, pragmatic and very knowledgeable on both commercial and residential landlord and tenant issues”. 

Legal 500 2015

“A very bright and consistent performer”, “gives the client a great deal of confidence” 

Chambers UK 2015

“Highly intelligent and disciplined, he leaves no stone unturned”.  

Legal 500 2014

“Particularly good at understanding the commercial context of a dispute and what the client is trying to achieve” 

Chambers UK 2013

“Always adds value – he is thorough, pragmatic and invariably gets things right. You trust him implicitly” 

Chambers UK 2012

“Razor-sharp advocacy”, “with many fans in the market” 

Chambers UK 2011

Real Property

Patrick’s work in this area involves advising in relation to

  • Conveyancing and title disputes in relation to both registered and unregistered land, including adverse possession
  • Rights in respect of land. Option agreements, overage provisions, restrictive covenants, easements and other incorporeal hereditaments.
  • Trust of Lands and beneficial interests arising under constructive and resulting trusts.
Mortgages

Patrick acts for both lenders and borrowers, advising in relation to

  • Disputes regarding validity and enforceability of mortgages and other forms of security, such as charging orders and statutory charges
  • Rights and duties of mortgagees in possession, the powers of LPA receivers, and the rights of mortgagees against tenants occupying the property
  • Questions of priorities between mortgages
Landlord and Tenant

Patrick acts for a large range of clients in both commercial and residential landlord and tenant matters. The scope of his work includes

  • Issues of security of tenure, lease renewals and extensions
  • Disputes about alienation, user and dilapidations
  • Issues arising from tenant insolvency, and advising in relation to guarantees
  • Advising in relation to service charge liability and recovery
Professional Negligence

Patrick is experienced in advising and representing both professionals and their indemnity insurers, as well as claimants, in relation to professional negligence disputes arising in the context of conveyancing and mortgage transactions, landlord and tenant work, and also property litigation more generally.

Notable Cases

Patrick’s reported cases include:

  • Patel v (1) Freddy’s Limited (2) HM Chief Land Registrar [2017] EWHC 73 (Ch) (rights of rectification and indemnity under the Land Registration Act 2002 in the context of a conveyancing fraud)
  • Mills v Southern Housing Group Limited LON/00AL/LSC/2014/0076 (principles on which costs discretion to be exercised in FFT(Property Chamber))
  • Sheldon Square Residents Association v St George North London Ltd [2011] UKUT (LC) (interpretation of service charge provisions in a lease)
  • Sargeant v Macepark (Whittlebury) Ltd [2008] EWCA Civ 1482 (apportionment of maintenance costs as between commercial landlord and tenant)
  • John D Wood & Co. Ltd v Craze [2007] EWHC 2658 [2008] 1 EGLR 17 [2008] 1 P&CT DG14 (implied terms of estate agency contract)
  • Tokyo Leisure Development Co Ltd v Witan Hall Ltd [2003] EWHC 2029 (Ch) (entitlement to freezing order in support of resulting trust arising on failed development agreement)
  • Macepark (Whittlebury) Ltd v Sargeant (No.2) [2003] EWHC 427 (Ch), [2003] 1WLR 2284 (use of right of way to access non-dominant land)
  • Bristol & West Plc v Bartlett [2002] EWCA Civ 1181 [2003] 1 WLR 284 (correct limitation period for recovery of shortfall after sale of mortgaged property)
  • Northcote Housing Association v Dixon [2001] HC (Ch) (entitlement to rescission of shared ownership lease on grounds of misrepresentation.
  • Church Commissioners for England v Baines CA [1998] QB 638 (security of tenure of mixed-use premises)
  • Charterhouse Clinical Research v Advisory Services (Clinical & General) Ltd [1997] CA (Interpretation of contract)
  • Kall-Kwik Printing (UK) Ltd v Rush HC (Ch) [1996] FSR 114 (restrictive covenants in franchise agreement)
Qualifications

Kings College London, LLB

Called by Middle Temple, 1987

Pegasus Scholarship, Inner Temple

Professional Memberships

Property Bar Association, Chancery Bar Association and Professional Negligence Bar Association.