Paul Wilmshurst

Practice Areas

Paul’s practice embraces the full range of property litigation between individuals and businesses, including issues with an administrative law aspect.

Disputes over Ownership and Other Property Interests: Paul is very well known for acting in boundary disputes and has appeared in many trials over the years lasting as long as 10 days, sometimes also concerning or separately concerning claims over property ownership (including trusts of land), adverse possession, proprietary estoppel, unjust enrichment, and cases involving negligent or fraudulent misrepresentations about a property. Paul also acts in commercial landlord and tenant and agricultural tenancy matters. Often, but not always, these cases can arise in the context of development.

Private Rights Over Land: Paul is notably experienced in the law of easements and has appeared in many very contentious court proceedings in this field, where he draws up the cross-over in the law with village greens. Frequently cases concern parties who have fallen out over private rights of way. Paul deals with easements of all kinds, including rights of light and support and similar rights such as shooting, fishing, profits à prendre and manorial rights.

Public Rights over Land: Paul is particularly well-known for acting in cases concerning public rights over land, for example, town/village greens (applications to register and de-register), common land, public rights of way (e.g. modification orders, footpaths, bridleways, RUPPS and vehicular roads), highway law, public open space, decisions on the sale or use of publicly owned land, rights over rivers and the foreshore. Paul is the author of the Village Green and Commons chapters of the Encyclopaedia of Forms & Precedents. Paul regularly sits as an Inspector at public inquiries.

Limitations on the Use of Property: Paul has dealt with nuisance or negligence affecting the property (e.g., smoke, noise, gases, dust, light, water, flooding, and insects). These matters have included representing local authorities in statutory nuisance proceedings. Paul deals with issues relating to land use and of a public law nature, such as planning or environmental claims. He is also regularly concerned with private land-use limitations, such as those in restrictive covenants. Much of this work concerns proposed or post-development issues.

Paul can be instructed in the following ways: (1) by a referral from a solicitor; (2) on a Direct Access basis by members of the public, businesses and other organisations (sometimes called “The Public Access Scheme”); 3) Licensed Access. Paul is experienced in working with these different instruction methods through trial or appeal.

Career

Paul was called to the Bar in 2007 and is an experienced trial advocate while also appearing at over 27 public inquiries. Notable High Court matters and public inquiries include Rushmer & Ors v Central Bedfordshire Council [2023] EWHC 1341 (Ch) (23 June 2023) [common land] and Trail Riders Fellowship v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWHC 900 (Admin) [public rights of way]; Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021) [boundary agreements]; Stanning v Baldwin [2019] EWHC 1350 (Ch) [private rights of way, drainage rights and boundaries over a registered common]; The Whitstable Beach Public Inquiry (18 days]; R (St. John’s College, Cambridge) v Cambridgeshire County Council [2017] WLR 469 [procedural issues relating to village greens] and London Borough of Newham v Iqbal [2016] EWHC 720 (Admin) [Health Act 2006 Offences]

Professional Memberships

Chancery Bar Association

Property Bar Association

Associate Member of The Institute of Public Rights of Way and Access Management

Middle Temple

Lincoln’s Inn

Publications

Paul is the author of the Village Green and Commons chapters of the Encyclopaedia of Forms & Precedents. Paul has has also published many articles over the years on rights of way and village green law.

Paul regularly gives seminar and webinar on property law relating topics.