Overview
Alan Tunkel’s practice is divided between the contentious and the non-contentious with a bias towards real property matters. Contentious matters are pursued by protocol letters of claim or response, arbitration, mediation or litigation, as appropriate. Non-contentious matters usually involve instructions to prepare or revise draft documentation and advise.
Real property matters include: leasehold enfranchisement, rent reviews, lease renewals, dilapidations, landlord & tenant, conveyancing problems, easements, boundaries, restrictive covenants, adverse possession, construction, mortgage-fraud and property-related professional negligence
Alan’s other main areas of work are will and probate disputes, Inheritance Act claims and problems in private or charitable trusts. He has acted in a number of cases where a former cohabitee is claiming a substantial share of their home by way of constructive trust. He has also acted for several charities and helped them to resolve their problems, sometimes with the assistance of the Charity Commission.
Alan undertakes public access work in compliance with the BSB Handbook and in particular the Public Access Rules, which are Rules C119-C131 of the Code of Conduct.
Alan’s clients have included a foreign government, Local Authorities, housing associations, professional indemnity insurer, solicitors firms, charity trustees, the family of a former Head of State, a foreign princess, leading entertainers, a theme park and well-known property developers.
Cases of interest
Zuberi v Lexlaw Ltd (General Council of the Bar of England & Wales Intervener) [2021] EWCA Civ 16 CA (Civ Div) (Lewison LJ, Newey LJ, Coulson LJ) 15/01/2021.
In a solicitors’ firm’s contract of retainer, which included a damages-based agreement entitling the firm to a percentage of any sum recovered, a clause requiring the client to pay costs and expenses in the event of early termination did not render the whole retainer unenforceable.
Bhamani and Others v Sattar and Others [2021] EWCA Civ 243 CA (Civ Div) (Peter Jackson LJ, Baker LJ, Nugee LJ) 26/02/2021.
The use or misuse of the powers of the trustees of a charity operating a mosque when seeking an injunction to prevent a number of worshippers from entering its premises for prayer.
Littlestone and others v Macleish [2016] EWCA Civ 127 – operation of CPR Part 36.
Rutland Gate 34B Ltd v Ellward Estates Ltd (2016) FTT Property Chamber LON/00BK/OLR/2015/1043 – terms and price of leasehold extension
Asif v City (Europe) PLC (2002) LTL 26.6.02, Lawtel AC0103399 – valuer’s duty of care to a mortgager
Fieldman v Markovitch (2001) LTL 15.10.01, Independent, 15.10.01, Times 31.7.01, Lawtel AC8001945 – jurisdiction
Lee v Lee (2000) BCC 500, (2000) 1 FLR 92, Times 22.9.99, Lawtel AC8900002 – disclaimer of lease by a trustee in bankruptcy
Qualifications & appointments
- BA (Oxon)
Memberships
- Bar Council Remuneration Committee
- Chancery Bar Association
- ACTAPS (Association of Contentious Trust and Probate Specialists)
Education
- Oriel College, Oxford, open exhibition, BA in Jurisprudence