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Jamal Demachkie

Jamal Demachkie

  • Called to BAR: 2004
  • Contract Law
  • Land
  • Landlord & Tenant (Property)
  • Money Claims & Debt
  • Partnership Disputes
  • Professional Negligence
  • Property, Chancery & Trusts

Summary

Jamal Demachkie is an established civil practitioner with a proven track record in Property and Commercial law. He is familiar with Courts and Tribunals throughout the country, regularly appearing in the High Court and Court of Appeal. He is ranked as a leading junior in Real Estate Litigation in Chambers & Partners (“the quality of his advocacy was simply first-rate”). Property law is the main focus of Jamal’s practice, with particular emphasis on Landlord & Tenant and Real Property. He is also regularly instructed in Commercial and Chancery disputes, including professional negligence claims with a property angle.

Specialist areas of law include

  • Contract Law
  • Land
  • Landlord & Tenant (Property)
  • Money Claims & Debt
  • Partnership Disputes
  • Professional Negligence
  • Property, Chancery & Trusts

Profile description

Land and Real Property

Jamal’s practice encompasses the full ambit of property law, covering all aspects of real property, including: easements and covenants, trespass and nuisance, conveyancing and land registration, adverse possession and proprietary estoppel.  He has undertaken countless neighbour and boundary disputes, from first instance County Court claims, up to the Court of Appeal; he has been commended for his client-friendly and hands-on approach, especially in the context of mediations.

He has been recommended for a number of years as a leading junior in Real Estate Litigation in Chambers & Partners and has been praised for his ability to give sound practical advice, which understands the commerciality of the situation.

Landlord & Tenant

Jamal specialises in the law of landlord & tenant, undertaking a broad range of work within the commercial sphere. He is frequently instructed in forfeiture proceedings, rent reviews and dilapidation claims, representing both landlords and tenants.  He has gained a healthy following in contested 1954 Act renewals and also undertakes work surrounding agricultural tenancies.  Jamal deals with both contentious and non-contentious matters.

Jamal has particular experience in respect of licensed premises, representing PubCos and tenants in all manner of disputes surrounding such leases, including: disputes over beer ties, injunctions, forfeiture and relief, enforcement of covenants, dilapidations, consents to assign or alter, rent reviews and renewals.

In the context of residential landlord & tenant matters, Jamal has considerable experience of long leases (service charges, enfranchisement, lease renewal and forfeiture), mortgagee repossessions and LPA receivers.  His practice also covers Housing Act and Rent Act tenancies, and issues surrounding possession, disrepair and breach of covenants, to name but a few.

Jamal undertakes a considerable amount of Direct Access work in this field, acting for both professional and lay clients alike.

Professional Negligence

Jamal undertakes all manner of professional negligence work, and has developed particular expertise in property-related disputes against surveyors, barristers, solicitors and valuers.

Commercial

Jamal’s commercial practice complements his primary practice area of property law.  He regularly acts on general contractual disputes ranging from modest debt recovery to multi-million pound claims concerning the construction of contracts.  His experience of property disputes often leads to instructions in the related fields of mistake and misrepresentation surrounding property transactions.

Jamal is also experienced in obtaining interim injunctions and freezing orders in the High Court and has been praised in the directories (Chambers UK, 2013) for his case presentation and the respect he receives from the judiciary.

Trusts of Land

Jamal is regularly instructed in these disputes, embracing areas such as s14 ToLATA applications, co-ownership and constructive trusts of the family home.  He has also acted in disputes relating to joint ventures and partnerships where the primary asset has been an estate or interest in land.

Partnership

Jamal has acted in numerous disputes, from County Court to Court of Appeal, between partners following the breakdown of the relationship.  Often, but not exclusively, these involve consideration of the treatment of property assets following the dissolution of the partnership.

What the Directories Say

Chambers & Partners - 

"A rising star of the Property Bar. He presents his case in a clear and concise manner and receives respect from the judiciary"

"A noted rising junior ... He is extremely capable on his feet, gives sound practical advice that clients can easily understand, and sees the commerciality of the transaction."

"He is very technically able, and very quick to give practical and sensible advice. Efficient and personable, he has a calming influence on parties." 

"He's very easy to get along with and he gives advice that is very clear to the clients. The quality of his advocacy was simply first-rate."

Legal 500 -

"Jamal Demachkie ‘deals with complex issues with an intelligent, confident and realistic approach’, and is recommended for property matters"

"A very impressive advocate"

"Client friendly, approachable, and extremely knowledgeable"

Notable Recent Cases

Pineport v Grangeglen [2016] EWHC 1318 (Ch) - The High Court examined the very limits of its inherent equitable jurisdiction to grant relief from forfeiture for non-payment of rent.

Genge v Sandle (2015, Unreported) - A 10-day neighbour dispute involving every conceivable argument which may arise in these claims.

Graves v Brouwer [2015] EWCA Civ 595 - A ‘bizarre case’ according to the Court of Appeal, involving fire damage to a property.

Neech v Pressland (2015, Unreported) - Multi-million pound High Court trial concerning construction of an agreement for a lease.

Higson v Guenault [2014] EWCA Civ 703; [2014] 2 P&CR D33 - The Court of Appeal considered the question of damages in lieu of an injunction and the circumstances in which fresh evidence could be adduced to correct the error of a Judge at first instance in this boundary and right of way dispute.

Sukhlall v Bansoodeb [2013] EWHC 952 (Ch) - An appeal concerning the attempt to use a 'collateral contract' argument to circumvent the effect of s.2(1) of the Law of Property (Miscellaneous Provisions) Act 1989.

Codling v Harlow [2013] EWHC 683 (Ch) - Jamal appeared for the successful Appellant in this High  Court appeal concerning a business tenancy renewal, acting for a direct access client.

Maguire v Maguire (2013, Unreported) - Jamal successfully acted in this case from start to finish: from first instance, up to the Court of Appeal, and back down to the County Court, in this dispute between two brothers concerning a property held on trust.

Valencia v Llupar [2012] EWCA Civ 396 - Jamal successfully resisted an appeal to the Court of Appeal concerning a partnership dispute.

Harsten Developments Ltd v Bleaken [2012] EWHC 2704 (Ch) - A two-week boundary dispute in the High Court involving allegations of misrepresentation and misdescription of property following a sale at auction

Dutta v Hayes - [2012] EWHC 1727 (Ch) - The High Court construed the terms of a right of way and held that the Defendant's use of the track for the purposes of a stud farm fell outside of the definition of 'agricultural'.  Jamal appeared for the successful Claimant.

Patel & Anr v Keles & Anr - [2010] Ch 332 - A leading case on the question of a landlord’s intention when opposing a tenant's application for a new business tenancy under s.30(1)(g) of the Landlord and Tenant Act 1954.

Testimonials

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

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