Clerk Details
- Clerk Name: Sam Collins
- Clerk Email: [email protected]
Property and Estates
Jamie Johnston provides a calm and steady hand in all property law cases, particularly real property and commercial lease litigation. He is as comfortable cross-examining expert witnesses as he is providing reassurance to a direct access client. He combines deep legal knowledge and a forensic attention to detail with a healthy dose of pragmatism.
Boundary disputes, trespass and adverse possession
Jamie is first-choice counsel for many solicitors in boundary disputes, rights of way and breach of covenant claims. He is very experienced in multi-faceted cases that have multiple grounds of claim such as trespass, nuisance, possession and harassment. He provides clear advice in writing or conference, drafts robust pleadings and is compelling at trial. Some of his recent work in boundary dispute and trespass claims has included:
- Advised and represented direct access clients for a three-day trial in a residential boundary dispute, involving multiple expert and lay witnesses.
- Advised a client on a rural boundary dispute concerning grazing fields.
- Advising and drafting particulars for a claim of harassment and trespass in a boundary dispute.
- Obtaining findings of breach of licence and trespass in a claim for possession against travellers who had enlarged their pitch at a council-run site.
Easements and covenants
Jamie regularly advises and represents clients in cases concerning covenants, rights of way and other easements. This ranges from commercial landowners seeking to enforce restrictive covenants to advising homeowners on the scope of rights of ways benefiting or crossing their property.
Trial concerning scope of an easement for utilities and right to re-route. Won at trial and obtained indemnity costs.
Trial representing homeowner whose commercial neighbour asserted an easement over the homeowner’s rear yard. Succeeded in having the claim struck out and recovered indemnity costs.
- Advising a direct access client and drafting particulars of claim concerning trespass and scope of a right of way.
- Advising a homeowner on their ability to move a public footpath.
- Advised two neighbours in a dispute against a third concerning easements to park.
- Advising the owner of an exclusive residential estate owner on the enforceability of covenants requiring residents to pay charges.
Landlord and tenant
Jamie has over a decade’s experience as a landlord managing properties. When combined with his legal specialism it makes him a formidable yet pragmatic barrister when advising landlords or tenants. He regularly acts in both commercial and residential cases dealing with possession, long lease renewals, disrepair and service charge disputes. He has given seminars on forfeiture and CRAR for several solicitors and for Lexis Nexis.
Recent commercial landlord & tenant work:
- Represented a commercial landlord in section 25 proceedings for breach of covenant where defendants alleged disrepair and multiple other breaches by landlord. Successfully had defence struck out and obtained judgment.
- Advising a direct access landlord of a commercial estate in an ongoing case concerning a right of way. This has included advising in conference, a successful application to amend the defence and successfully resisting amendment of the particulars of claim.
- Working with Michael Tomlinson KC to advise a commercial tenant opposing a section 25 notice.
Recent residential work:
- Several applications for residential tenants seeking extensions of long leases, including a claim against an absent landlord.
- Acting for a landlord, obtained determination in the first-tier tribunal that a residential tenant of a long lease was in breach of covenant and then negotiated surrender of the lease.
- Represented a high-net worth landlord in an arrears and disrepair claim of an exclusive residential property.
- Acted in a claim to enforce a contract for sale of a property sold at auction.
- Advising the owner of a static holiday home in a claim for unlawful repossession and destruction.
Other property work
- Successfully defended proceedings in the First-Tier Tribunal and on appeal to the Upper Tribunal concerning an application to discharge a charge over property.
- Negotiated a door of court settlement to avoid a client having a charge enforced and repossession of their home.
- Advising solicitors as to professional negligence in a defective conveyancing.
- Advising a client in a harassment and trespass claim including serious false allegations made against the client.
TOLATA work
Jamie has been advising on a complex and multi-faceted TOLATA claim for three years which involves multiple grounds of claim against the primary defendants and parallel claims of professional negligence against two other sets of professional advisors. Two sets of proceedings have settled with one approaching resolution.
In addition Jamie has acted for claimants in a number of possession and sale claims following relationship breakdown, obtaining orders for sale in each.
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Recommendations “Jamie is very robust and thorough. He is an outstanding counsel.” Legal 500 2027 editorial
“Jamie…is very good on his feet. He’s one of my favourite counsel, and he’s very authoritative with clients but also easy-going” Chambers & Partners 2027 recommendation.
“Jamie is excellent. His drafting is consistently high-quality - clear, precise and carefully thought through….the written work he has produced for us has directly contributed to an excellent outcome for our client.” Legal 500, 2027 recommendation.
Related News
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3PB’s Property and Estates Group is delighted to welcome 5 new rankings across its national practice, achieving a total of 16 individual rankings in Chambers and Partners’ latest set of results. Our barristers are recognised for their expertise in Real Estate Litigation, Chancery, Construction, Planning , Social Housing and Agriculture and Rural Affairs. The team maintains its ranking in Band 2 for Real Estate Litigation in South Eastern. While our barristers are described as “first-rate”,...
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3PB is delighted to announce a total of 23 rankings for its property, estates and chancery specialists in the latest edition of the Legal 500. The team has retained its Tier 2 and in Tier 3 rankings for its Property and Construction work in South Eastern and Western respectively, gaining one individual ranking in each circuit. Practitioners are also ranked for Agriculture (Midlands and Western), Planning and Environment (Western), Private wealth, Probate and Tax (London,...
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We are delighted to announce a total of 21 rankings (from 15 last year) for our property, estates and chancery specialists in the Legal 500 2026 edition. Retaining our member rankings in Property and Construction and Private Wealth, Probate and Tax on the South Eastern and Western Circuits, we are delighted to have also been recognised for Agricultural Property, Social Housing and Property and Construction on the Midlands Circuit. Our team has been quoted as...
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3PB barrister Jamie Johnston (pictured here) reflects on his many years of managing a successful business to distil invaluable advice for counsel seeking to rapidly establish strong relationships with their commercial clients. Jamie also considers some key questions for counsel keen to enhance their own practices. Read Jamie’s Counsel Magazine article here (pp 18-19). Jamie Johnston is a civil law barrister specialising in property & commercial disputes and in sports disciplinary work. His busy practice...
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