David Curwen
01-11-1982Amanda Rhodes
01-11-1990Iain Wightwick
Barrister, Mediator and Trainer, accredited for direct, Public Access work. Potential clients with property related issues can contact Iain directly, through his clerks. A substantial part of Iain’s practice is Public Access work and he works directly with many commercial organisations, professional landlords and individuals.
1985 Inner Temple
“Iain is always very prompt in his responses which has been much appreciated. He is flexible, positive and creative. This has meant that issues have been dealt with very effectively and quickly, bringing respite for the victims of anti-social behaviour”
“An amiable individual and skilled barrister who gives quality advice and provides excellent drafting and advocacy – always first choice”
“In my experience Iain Wightwick is one of the best social housing barristers in the country who just happens to be based in Bristol and Iain deserves particular praise for his advocacy skills and tactical advice in complex and important cases.”
2010: Public Access Training Course, accredited for public access work
2006: Bar Council Accredited Mediation Training Course, Accredited Mediator
1984-1985: Bar Finals, Inns of Court School of Law, called to the Bar
1983-1984: Diploma in Law, Polytechnic of Central London
1980-1983: BSc. Hons. Psychology, University of Bristol
Professional Negligence Bar Association (PNBA).
- Newport City Council v Charles (2008) EWCA Civ 1541, CA (Eng), WLR (D) 245: housing, succession, estoppel
- South Gloucestershire Council v Titley & Clothier, appeal from Severnside Valuation Tribunal (2006) EWHC 3117 (Admin): rating valuation, reductions for disability
- North Somerset Council v White & White (2002): ASBO against youngest ever defendants at the time
- McDonagh v Salisbury District Council (2001) EWHC Admin 567: housing, introductory tenancies, reviews
- Cheltenham Borough Council v Young (2001): the first ASBO banning an individual from their own home
- City Council of Bristol v Mousah (1997) EWCA Civ 1081,(1998) 30 HLR 32, CA: housing, possession, drugs
- Cheltenham Borough Council v Dellow (1998): suspended possession order requiring the tenant to exclude 16-year-old son from home
Details
Barrister, Mediator and Trainer, accredited for direct, Public Access work. Potential clients with property related issues can contact Iain directly, through his clerks. A substantial part of Iain’s practice is Public Access work and he works directly with many commercial organisations, professional landlords and individuals.
A substantial part of Iain’s practice is Public Access work and he works directly with many commercial organisations, professional landlords and individuals.
Specialist property lawyer, with particular interest in landlord and tenant, especially social housing.
Iain represents many local authorities, housing associations and other social landlords, limited companies and private individuals, mostly in County and High Court claims and occasionally in the Court of Appeal.
He trains teams, lectures and provides seminars on property related issues to a wide variety of audiences upon invitation.
He enjoys mediating disputes and welcomes requests to mediate in place of litigating.
Landlord and Tenant practice includes residential and commercial work:
Social Housing
Neighbour nuisance and related anti-social behaviour matters (“neighbours from hell”) including antisocial behaviour injunctions and possession claims, housing conditions/disrepair, homelessness, tenancy fraud, general social housing law, particularly relating to the effect of the Equality Act 2010 and the effect of the ECHR etc.
Iain has over thirty years’ experience of social housing conditions/disrepair claims and a proactive, fresh approach to dealing with such litigation. He has successfully redirected thousands of claims toward ADR, away from expensive and wasteful legal disputes. He has extensive experience of the challenges which the Homes (Fitness for Human Habitation) Act 2018 has caused landlords .
Iain also represents public authorities in judicial review and administrative court cases.
He is happy to advise on drafting and updating organisational policies, social housing tenancies and other occupation agreements to incorporate the effect of evolutions in practice, statutory changes and developments in the law.
Iain is the author of “A Practical Guide to Responding to Housing Disrepair and Unfitness Claims” (1st edition 2021) and "A Practical Guide to Antisocial Behaviour Injunctions (2nd edition 2023), published by Law Brief Publishing and available from them, from Wildy & Sons and on Amazon
Private Sector Residential
Advice and representation in all types of dispute – including possession claims for any tenure from Rent Act to Assured Shorthold tenancies, tenancy deposit disputes, s 21 arguments, disrepair claims, suitable alternative accommodation claims, etc. Long leasehold work includes service/management charge disputes, forfeiture, injunctive claims and enfranchisement.
Commercial
Including business tenancy disputes, e.g. contested lease renewals, rent reviews, terminations, dilapidations, construction of leasehold covenants, validity of notices, guarantee claims, injunctive relief etc.
Land/Property law
Work includes registered and unregistered land disputes, claims against travellers and other temporary occupiers of land and buildings, proprietary estoppel, adverse possession/’squatting” cases, licence vs lease questions, trusts, contracts of sale, restrictive covenants, boundaries, easements (rights of way, of light etc.) and general neighbour disputes, planning law, Party Wall Act cases, tree root and subsidence claims.
Common law and construction/building disputes
Professional negligence actions, particularly relating to surveyors and others in property transactions, misrepresentation, unlawful interference with goods, building and general contractual disputes, insurance claim disputes etc.
Mediation
Offered in all areas of practice, both as advocate in mediations and as mediator.
Working predominantly in the West Country and Wales but travelling all over the jurisdiction.
- Swindon Borough Council v Daniel Abrook (2024, Judgment awaited), Court of Appeal, ASB, aggressive begging, threshold for injunction application.
- Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 mandatory ADR, overturned Halsey v Milton Keynes AHA.
- Hockett v Bristol City Council (2021) Court of Appeal ADR, Pre-Action Disclosure, housing conditions claims.
- Newport City Council v Charles (2008) EWCA Civ 1541, CA (Eng), WLR (D) 245: housing, succession, estoppel.
- South Gloucestershire Council v Titley & Clothier, appeal from Severnside Valuation Tribunal (2006) EWHC 3117 (Admin): rating valuation, reductions for disability.
- North Somerset Council v White & White (2002): ASBO against youngest ever defendants at the time.
- McDonagh v Salisbury District Council (2001) EWHC Admin 567: housing, introductory tenancies, reviews.
- Cheltenham Borough Council v Young (2001): the first ASBO banning an individual from their own home.
- City Council of Bristol v Mousah (1997) EWCA Civ 1081,(1998) 30 HLR 32, CA: housing, possession, drugs.
- Cheltenham Borough Council v Dellow (1998): suspended possession order requiring the tenant to exclude 16-year-old son from home.