Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 53
Landlords and their advisers should now consider
three things. First, whether future leases should
include express rights of access for survey and
investigation work, so that planning applications
can be advanced before possession. Second, whether
it may be prudent — in some cases — to commence
ground (f) works such as demolition works promptly
on recovering possession, even though this makes
little practical or 昀椀nancial sense, to bring the
start date within the statutory window. Third,
whether a short new lease with an access right or
a redevelopment break option better serves their
position than opposing renewal outright.
after taking possession. That was not intending to
do the works “on termination” — it was intending
to do them after a substantial further period whose
duration was itself uncertain.
Key takeaway
Pridewell will have huge rami昀椀cations for many
landlords with redevelopment ambitions. Ground
(f) is not satis昀椀ed simply because a delay in starting
works is understandable or inevitable — the question
is whether, given that delay, the landlord can
genuinely be said to intend to carry out the works
on the termination of the tenancy. The practical
consequences of Fancourt J’s analysis are signi昀椀cant.
Although obiter, the analysis is authoritative and is
likely to be followed consistently in the county court,
where ground (f) disputes are almost always decided.
There is also a broader question as to whether the
operation of ground (f) is now 昀椀t for purpose in
complex urban redevelopments and when planning
applications take months — and whether that is a
matter to which the Law Commission might usefully
turn its attention.
If a landlord cannot obtain planning permission —
for whatever reason — until after the trial, ground
(f) is likely to fail. The same risk arises where works
have long technical lead times that push the realistic
start date well beyond the possession date. The
judgment also signals that a tenant’s refusal to grant
pre-possession access, however frustrating, will not
rescue a landlord whose timetable is already too
long: that is simply the consequence of the parties’
bargain.
Mr. Guy Higginbottom
Mr. Phil Howe
MRICS, MCIArb, MCIOB
Chartered Quantity Surveyor - Consultant
Senior Managing Director,
Quantum Expert
BSc (Hons) Quantity Surveying - MSc Construction Law & Arbitration Post-Graduate Diploma in Law - Post-Graduate Diploma in Legal Studies
Guy is an experienced, technically and legally qualified consultant, and advises
clients across all tiers of the construction industry – from employer organisations to specialist
sub-contractors. In his current practice, he provides both non-contentious (pre-contract)
advice, and represents clients in contentious matters such as adjudication, and resolution
of disputes.
BSc LLM
Phil is a Senior Managing Director of CBBG Group and has been in the Middle East
region since 2008 with 23 years industry experience in the UK and Middle East
(17 years).
His particular forte lies in dispute resolution and resolving complex commercial matters
including claims and delay analysis. Guy has represented many clients in adjudication, and
has acted as a quantum expert for litigation in the High Court. He has also acted as an expert
in an expert determination.
Phil has extensive experience leading teams of delay and quantum consultants in
developing extension of time and disruption claims on significant large-scale
construction and engineering projects within the Middle East.
Guy's most notable Expert Witness Cases include;
•
Appointed by Clyde & Co as quantity surveying expert on the Local Authority’s behalf, to
determine the quantum (£8.6M) for a tree-root / subsidence claim for a large, residential property
in central London. The matter settled by agreement.
•
Appointed Norton Rose Fullbright as quantum expert for the portfolio holder (claimant) to value
refurbishment costs, as at 2006, of part of a £1.235BN property portfolio in a claim for negligent
valuation. The matter settled in August 2016.
•
Appointed quantum expert by the Tenant to report on the appropriate value of reinstatement to
three industrial/factory units in Salford, Manchester.
Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184 (TCC)
•
Appointed quantum expert by Fairview Land Limited to report on the £8M High Court claim raised
by 85no individual claimants for a multi-storey residential scheme in London’s Docklands. The
dispute required valuation of circa 830no complaints of defective work. Following exchange of
quantum reports, the matter settled privately.
James Martin Scobie & Ors v Fairview Land Limited [2008] EWHC 147 (TCC)
•
Appointed directly by a local authority as quantum expert witness for a professional indemnity
claim against the Project Manager for over-certifying six compensation events for a infrastructure
project for a local authority (procured under NEC3 Option B). Value circa £1.5M
Phil has Testified as Party appointed Quantum Expert.
Here are some of his experiences and expertise:
•
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Experience in Witness Conferencing
Lead Quantum Expert Assistant
RICS Nominated Expert Witness
RICS Accredited Civil Commercial Mediator
Expertise in the preparation and defence of various forms of claims
Extensive experience in commercial management and contract
administration across various sectors
Phil has given oral testimony and witness conferencing in front of leading Arbitrators
and Counsel. Phil has also assisted Quantum Experts in the preparation of expert
reports for major international arbitration proceedings under the ICC, DIAC, and
UNICITRAL rules of Arbitration.
Guy is the author of ‘Design and Build Contracts’ and the sixth edition of ‘Building Contract
Claims’, both published by Wiley.
Email: phil.howe@cbbggroup.com
Telephone: +974 7404 6466
Telephone: 07788 418 200
Email: guy.higginbottom@ghconsultltd.co.uk
Website: www.cbbggroup.com
EXPERT WITNESS JOURNAL
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AUGUST 2026
