Paul Wilmshurst

Paul is very experienced in dealing with boundary disputes and easements. He very regularly appears at trial in courts around England & Wales. In respect of easements, he can deploy his extensive experience of village green and public rights of way cases where, for example, the issue of user “as of right” arises. Claims dealt with also include claims under the Party Wall Act etc 1996, or the Access to Neighbouring Land Act 1992. Paul is familiar with selecting and deploying appropriate expert evidence.

Recent representative work includes:

• Property Chamber (First tier-tribunal) Land Registration Division contested trial concerning adverse possession and the “hot tubbing” of experts (2021)
• Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021 [appeal concerning boundary agreements]
• 3-day boundary dispute at the Court at Central London concerning adverse possession.
• Stanning v Baldwin [2019] EWHC 1350 (Ch); [2019] 5 WLUK 544 (5 day High Court trial concerning private rights of way, drainage rights and a boundary dispute over a common). Reported in the Evening Standard and The Daily Mail. 
• 5 day boundary dispute at the County Court at Birmingham.
• 4-day boundary dispute at the County Court at Bristol.
• 3 day boundary dispute (combined with a claim under the Party Wall etc Act 1996) at the Mayors & City County Court.
• 7-day boundary dispute trial at Mayors & City County Court (combined with a harassment claim) where submissions were successfully made that the court should not follow the view of either expert surveyor, both of whom had advised there was a trespass. Reported in: The Sun; The Times; The Express; The Daily Mail
• 4-day boundary dispute in the County Court at Brighton.
• 4-day boundary dispute in the High Court sitting at Oxford.
• A 3-day rights dispute about an easement in the Property Chamber (1st Tier Tribunal)
• Appearing in the High Court to oppose an interim injunction sought in connection with a private right of way that had been compulsorily acquired.

Other rights over land

Paul deal’s with shooting rights and other profits.

Public rights of way

Paul is experienced in appearing before at public inquiries held by the Planning Inspectorate into matters relating to public rights of way (including footpaths and bridleways). Paul has regularly advised local action groups, landowners, developers and public authorities on the existence of public rights of way together with issues relating to them. He is an Associate Member of the Institute of Public Rights of Way also contributes to “Waymark” magazine. Paul is frequently instructed about modification orders, applications to extinguish or divert; usually in the context of development.

Representative works includes his successful defence of a farmer at a 5-day public inquiry against  the compulsory creation of a bridleway under s.53 of the Wildlife and Countryside Act 1981: see (Public Bridleway No. 47, Parish of Wooburn) Public Path Creation Order 2014 FPS/P0430/6/1. Paul has also appeared in court proceedings seeking to remove obstructions from the minor highways pursuant to s.130A-D of the Highway Act 1980. He is instructed in complex and interesting cases and enjoys finding solutions to long running problems.

Town/Village Greens

Paul has a wealth of experience representing objecting landowners and applicants at public inquiries concerning new town / village green applications. He is also regularly appointed to sit as an Inspector by numerous registration authorities. Altogether he has acted in some 27 public inquiries (of which 12 have involved leading counsel).

Paul has been involved in many court cases concerning village greens

• Stanning v Baldwin [2019] EWHC 1350 (Ch); [2019] 5 WLUK 544 (5 day High Court trial concerning private rights of way, drainage rights and a boundary dispute over a common). Reported in the Evening Standard and The Daily Mail. 
• St John’s College, Cambridge v Cambridge County Council [2017] EWHC 1753 (Admin) (known as “Meadow Triangle”) Paul successfully represented Cambridge County Council, against leading counsel, in this High Court challenge. The judgment of Sir Ross Cranston concerns issues among other things, of when an application can be adjudged to be duly made and establishes that a registration authority is entitled to give an applicant more than one opportunity to correct a defective application.
• R (Fellowes) v Powys County Council (2014) – refusal to appoint Inspector to preside over non-statutory village green inquiry.
• R (Burrows) v The Royal Borough of Windsor and Maidenhead & Anor [2014] EWHC 389 (Admin) (21 February 2014) – challenge on legal test for contentious user after 9-day village green inquiry.
• R (Newhaven Port & Properties) v The Secretary State for the Environment– submission in support of permission to appeal made to Supreme Court on behalf of Intervenor on “retrospective” application of s.15(7)(b) of the Commons Act 2006.

Examples of previous and ongoing work includes: “The Downs at Herne Bay” (2018); “The Community Green” at the Vandyke Gardens Estate, Leighton Buzzard (3 days) (2018); “Rokeby Playing Fields” (4 days) 2017); “Land in Somerset (as Inspector) (7 days) (2017); “Whitstable Beach”, Kent (18 days) Westward Ho!, Devon (as Inspector) (4 days) (2017); “Fletton Field”, Northamptonshire (5 days) (2016-17); “Top Field”, Hampshire (6 days) (2016); “Withy Bed”, Bath and North East Somerset (2016); Land south of Oxford Meadow, Essex (2015) (3 days); Maes Glas, Cardigan, Wales (2014) (1 day); “Woodcray”, Wokingham (2014) (7 days); The Knowle, Devon (as Inspector) (2014); Land at Cae Prior, Wales (2014); The Green, Tytherington, South Gloucestershire (2014); Land at Frenchay, South Gloucestershire (as Inspector) (2014); Land to the West of Friern Barnet Library (1 day) (2014); Falmouth Avenue, Gloucestershire; Shephall View Rec, Stevenage (2014); The Glades and Italianate Gardens, Bromley (as Inspector – 3 days) (2013); Land at Coulby Newham, Middlesbrough (2013); Brewery Field, Somerset (as Inspector – 1 days) (2013); Herts & Essex School Playing Field (7 days) (2013); Catshill, Worcestershire (1 day) (2012); Land at Oaktree Avenue, South Gloucestershire (2012); Ash Hill Woods, Devon (as Inspector – 3 days) (2012); Thamesfield, Wraysbury (9 days) (2012); Port Solent, Portsmouth (3 days) (2012); St. George’s Field, Headstone, Harrow (4 days) (2012); The Kayles, Old Ferry Drive, Windsor, Wraysbury (4 days) (2011); The Triangle, Tichbourne Way, Gosport, Hampshire (5 days) (2010)

Commons

Paul is the author of the Village Green and Commons chapters of the Encyclopaedia of Forms & Precedents. Commons issues covered include de-registration & exchange, landowner rights, commoner’s rights, permitted works and enforcement. This work includes dealing with Metropolitan Commons or those covered by applicable schemes). Representative work incudes sitting as an Inspector in the North-East of England to consider an application to de-register part of a well-known common based on a mistake made during its original registration.

Paul regularly deals with cases involving nuisance and is presently involved in several matters coming on for trial involving for example, nuisance concerning water damage occasioned by major alterations to topography of neighbouring land and building works.

Paul also represented Bournemouth Borough Council in proceedings concerning an alleged statutory nuisance relating to flies emanating from a water purification plant.

Paul successfully defended the owners of premises in criminal proceedings under the anti-smoking provisions of the Health Act 2006. The prosecution was thrown out at “half time.” This was a decision that was upheld, on appeal, by the High Court: London Borough of Newham v Iqbal [2016] EWHC 720 (Admin).

Paul has experience of both prosecuting and defending in matters relating to Tree Preservation Orders.

Paul regularly advises and appears in court proceedings concerning all aspects of business tenancies, including contested forfeiture and renewal.

Representative work includes:

• A 2 day trial in the County Court at Central London seeking forfeiture of a business tenancy and defending a Counterclaim brought by the tenant.
• A 5-day trial in the County Court at Central London in which a claim of unjust enrichment was successfully pursued in connection to a void business lease in circumstances where substantial amounts of work had been carried out on an Curry House in Brick Lane before the landlord forcibly took back possession relying on a supposed breach of agreement.
• A complex case  concerning a business tenancy, listed for a 12-day trial, which was settled after mediation and further negotiation.

Paul is very willing to take on cases (often on a CFA or similar basis) concerning residential and/or social tenancies in which there is an important point of law at stake or which are particularly deserving.

Mediation

Paul is an accredited mediator. Having completed the CMC-accredited course with the London School of Mediation, Paul brings a wealth of litigation experience to mediations and an understanding of the motivations and issues that can prevent compromise.

Paul is noted in the Legal Directories for his approachable and down-to-earth nature, making parties feel comfortable and at ease during the mediation process. As an experienced lawyer, Paul possesses a deep understanding of the legal complexities involved in land and property cases while maintaining a focus on “humanistic compromise.”

Paul has been involved in many mediations over the years, and his interest in mediation strategies goes back to his co-authorship of ‘Preparing to “Win” the Mediation’ in ‘Sharpening the Sword II: Tactics and Strategies for Lock n’ Load Litigation’ (OBA 2008).

Please contact Paul’s clerks to explore how he can help parties find practical and satisfactory resolutions to disputes and for details of fees.

Arbitration

Paul is open to serving as an Arbitrator in suitable cases, drawing from his experience as an Inspector at non-statutory public inquiries. Additionally, Paul offers early neutral evaluations to assist parties in finding swift and efficient resolutions.

A Middle Temple Benefactor’s Scholar, upon being called to the Bar Paul was awarded the Harold G Fox Scholarship and spent a year working at McCarthy Tétrault LLP, Toronto, Canada. He then spent a further year as a Parliamentary Assistant in the European Parliament, Brussels before commencing his pupillage on the Western Circuit.

Paul is regularly appointed as Inspector by commons registration authorities to hold public inquiries into village green applications under the Commons Act 2006.

Paul studied History at Durham University before being awarded the Middle Temple Benefactor’s Scholarship, studying at Nottingham Law School and BPP Law School, and being called to the Bar in October 2007. Upon being called to the Bar Paul was awarded the Harold G Fox Scholarship and spent a year working at McCarthy Tétrault LLP, Toronto, Canada. He then spent a further year as a Parliamentary Assistant in the European Parliament, Brussels, before commencing his pupillage on the Western Circuit.

Paul is a member of the Chancery Bar Association, the Property Bar Association, the Institute of Art and Law, Middle Temple, ad Lincoln’s Inn (“ad eundem”) and an Associate Member of The Institute of Public Rights of Way and Access Management.

Paul is also Public Access qualified, accepting instructions from individuals and businesses where appropriate.

You may be interested in watching a series of webinars that Paul has put together covering some frequently encountered problems and issues:

View Webinars

10 Top Tips for Winning Prescriptive Rights of Way Claims! 

10 Top Tips for Winning Boundary Disputes

Informal Dealings with Land and Property

Negligent and fraudulent misrepresentation in relation to real property

The Public Rights Over Land Conference 2021: Public Rights of Way, Commons and Village Greens

• Commons and Village Greens: Encyclopaedia of Forms and Precedents (EF&P) (2018)
• Preparing to “Win” the Mediation’, Sharpening the Sword II: Tactics and Strategies for Lock n’ Load Litigation (2008)
• Boundary agreements – don’t forget about them if you are involved in a boundary dispute!
• Registration of greens—the significance of signs (R (on the application of Cotham School) v Bristol City Council) Lexis PSL (May 2018)
• Procedural error in determining TVG application without public inquiry (April 2016)
• Case Note on Goodman, Waymark Magazine (Autumn 2015).
• Case Note on Newhaven Port and Properties, WaymarkMagazine (Spring 2015).
• Vehicular access routes over commons, L.G.L. 2015, Mar 13
• User “as of right” when the definitive map and statement is wrong, L.G.L. 2015, Feb 27
• Boundaries: trees on Westlaw “Insight” (2014)
• Supreme Court clarifies when property can be registered as village green (May 2014)
• Town and village greens – a practical handbook, 2 edn (with Vivian Chapman QC)
• ‘The Newhaven village green case – access to beaches’, Local Government Lawyer, (April 2013)
• ‘Registering town and village greens: the biggest cases of 2012’, Local Government Lawyer (March 2013)
• ‘The Paddico case in the High Court’, Rights of Way Law Review, 2011, Oct(15.3), 195-201
• ‘Diggers at dawn’ with William Webster, Solicitors Journal, 2011, 155(36), 10-11.
• ‘Competitive Threat?’ with William Webster, Local Government Lawyer (March 2011) [repayment of VAT on local authority off-street parking]
• ‘Common Ground’ with William Webster’, Solicitors Journal 2011, 155(8), 11
• ‘The shifting sands of town village green law’, The Barrister (October 2010)
• ‘Not easy being Green’ with William Webster, Solicitors Journal. 2010, 154(12), 6
• ‘A piece of the action’, Solicitors Journal, 2009, 153(27).[article concerning UK class actions under CPR 19.6]
• ‘Class actions, the regulatory state and the duty of the court to justice’, The Barrister, 2010, (43), 28-29

• Chancery Bar Association,
• Property Bar Association,
• Associate Member of The Institute of Public Rights of Way and Access Management.
• Middle Temple
• Lincoln’s Inn (“ad eundem”)  Associate Member of The Institute of Public Rights of Way and Access Management.

Yes. The vast majority of Paul’s work is by referral from a solicitor. However, in suitable cases, he accepts instructions directly from members of the public, businesses and other organisations.

Initial specialist advice and analysis can usually be given. In some cases Paul will be able to continue deal with matters by himself, but in others, and where in the best interests of the client, he can advise on bringing in suitable solicitors, paralegals, experts and other professionals to build a team to progress the case.

For example, recent successful Direct Access proceedings that Paul has been involved in have involved property issues such as boundary disputes and rights of way.

• Yes

Ranked in Chambers UK Bar 2024 – Agriculture & Rural Affairs; Band 3

“Paul has very good knowledge of planning and property issues within an agricultural context”

Legal 500 UK Bar 2024 – Agriculture; Tier 2 / Also ranked in Property Litigation; Tier 5

“Paul is very good at explaining matters to lay clients; he is approachable and down to earth.”

Chambers UK Bar 2023 – Agriculture & Rural Affairs: Band 3

“He is experienced, meticulous in his detail and knows his stuff.”

Chambers UK Bar 2022

“Attention to detail, good knowledge of procedure and law, very pleasant to work with.”

Legal 500 UK Bar 2022

“Paul is very hard-working, thorough and clearly interested in the field.”

Chambers UK Bar 2021

“Meticulous, thoughtful and with an open mind to new legal angles.”

Legal 500 UK Bar 2021

“Provides clear advice and an exceptional knowledge of the law of commons.”

“Meticulous, thoughtful and with an open mind to new legal angles.”

Legal 500 UK Bar 2020

“He is able to articulate the complexities of the case with ease.”

Legal 500 UK Bar 2019

“A respected junior…” “He is persistent in his cross-examination while maintaining a polite and friendly approach.”

“He regularly handles rights of way disputes, including village green applications and common land designations.”

Chambers UK Bar 2018

“He’s a rising star of that chambers, who is fully in command of all the legal issues and has a broad grasp of the subject.”

Chambers UK Bar 2017

“He is particularly adept at cases relating to land development issues. He is articulate and able to convey legal points in a very clear way. Added to this, he has a warm personality that definitely helps in our cases”

Chambers UK Bar 2016