Carly is a specialist Real Estate litigator and handles a broad range of commercial and residential property disputes for a range of the firm’s landlord and tenant clients.
Carly also specialises in the provision of litigation and dispute management services to the education sector and is a leading member of the team. Carly advises on a wide range of matters, including Equality Act 2010 claims, class actions and matters of public law, including Judicial Review proceedings.
Real Estate Litigation
Carly’s recent experience includes:
- Partakis-Stevens and another -v- Sihan and others [2022] EWHC 3249 (TCC) –defending the Third and Fourth Defendants / Part 20 Claimants in respect of a claim by the Claimants arising out of nuisance and successfully pursuing an additional claim against the First and Second Defendants (a developer/seller) for damages for fraudulent misrepresentation and breach of contract
- acting for Care Home operator in respect of a boundary dispute with its neighbouring landowner, including pursuing an application for an interim injunction, relating to the neighbouring landowner’s development plans for the site. The matter involves technical land registration issues
- acting for a Local Authority to recover possession of circa 1,100 acres of land from its tenant following the termination of a lease with a developer. The tenant disputes the Councils’ ability to terminate the lease on the basis that the break clause which it has exercised (which is linked to the non-performance of certain planning obligations under the lease) is in fact a forfeiture clause and not a contractual break right
- acting for a national Hotel group in the Defence of a claim by their landlord for injunctive relief and / or damages for an alleged breach of the terms of their lease due to changing the use of the property from a hotel to accommodation for asylum seekers
Education Dispute Resolution
Carly’s recent experience includes:
- advising and acting for various universities in respect of threatened group claims from students seeking damages arising from disruption to their courses due to the Covid-19 pandemic and industrial action
- acting for numerous colleges and universities in respect of Judicial Review challenges brought on behalf of current and former students
- acting for various colleges and universities in respect of breach of contract claims and claims under the Equality Act 2010
- acting for various universities in order to recover possession of residential property let to staff members / students
- advising universities upon the terms of their student accommodation contracts
- Carly is ranked as a ‘rising star’ in the Legal 500 and is remarked as working ‘exceptionally hard to ensure that every case is run impeccably’.
- Recent client feedback of Carly has said ‘Carly Fishwick’s no-nonsense and straight talking approach is welcome. Carly is great at cutting through the noise and discussing what is really important to us as clients in a way that engages and is easily understood’.
- LLB (Hons) Law 2009 – 2012 – First class