Nicholas Shepherd is a partner and head of Shoosmiths’ national property litigation practice. He specialises in the full range of commercial landlord and tenant litigation and other real-estate disputes.
Shepherd has a particular interest in the retail sector although, in addition to representing end users, he also acts for a number of property developers and property investment and holding companies. His experience covers the full spectrum of property litigation, but with particular expertise in complex dilapidations claims, disputed rent reviews, defended lease renewal applications, and the clearance of sites for development. He has also developed significant expertise in dealing with Land Registry rectification claims and the adjudication of other land registration issues and, in conjunction with Shoosmiths’ planning team, legal challenges to planning permissions and refusals.
Recent cases include acting for a commercial property developer in successfully defending a claim brought by its planning consultants for unpaid professional fees and in counterclaiming for damages arising from negligent planning advice; acting for the tenant of commercial premises in defeating a challenge brought to the validity of the exercise of an option to break a lease (the challenge being based on the conditionality of the break option); and for the freehold owner of commercial premises in establishing at trial that its business had acquired a prescriptive right to park on a neighbouring development site.
Shepherd joined Edge & Ellison as a trainee solicitor in 1991 qualifying in September 1993. He moved to Harvey Ingram Owston in 1997 before joining Shoosmiths in 1999 as an associate. Shepherd has been a partner with the firm since May 2001, and is a member of the Property Litigation Association. He has been identified as a leader in his field of real-estate litigation by Chambers and Partners in its UK directory.