Profile

Paul Wilmshurst is ranked in the legal directories as a leading barrister who is “meticulous, thoughtful and with an open mind to new legal angles” and able to “articulate the complexities of the case with ease.” (Legal 500) His practice embraces all aspects of land law including disputes between individuals and businesses but also those which concern challenges against public authorities, the public use of land (highways, public rights of way, commons and village greens), negligence, the environment or regulatory/criminal matters.

Paul is a “a respected junior...” who “is persistent in his cross-examination while maintaining a polite and friendly approach.” (Chambers & Partners). He is an experienced trial advocate and has also appeared at over 27 public inquiries. Notable cases include: Stanning v Baldwin [2019] EWHC 1350 (Ch) [rights of way, drainage rights and boundaries]; R (St. John’s College, Cambridge) v Cambridgeshire County Council [2017] WLR 469 [procedural issues relating to village greens] and London Borough of Newham v Iqbal [2016] EWHC 720 (Admin) [Health Act 2006 offences].

Paul is experienced in the full range of land & property law disputes including:

Easements, boundaries, profits à prendre, covenants, manorial rights and nuisance (e.g smoke, noise, gases, dust, light, water, flooding and insects).
Commercial landlord and tenant.
Negligence relating to property including that of property professionals (e.g surveyors and architects).
Negligent or fraudulent misstatements / misrepresentations about property.
Disputes over the ownership of property, trusts of land (TLATA disputes), unjust enrichment, proprietary estoppel.

In the sphere of cases concerned with public authorities, public law, regulatory or criminal law Paul deals with:

Village greens (applications to register and de-register).
Common land
Public rights of way (e.g modification orders, footpaths, bridleways, RUPPS and vehicular roads)
Highway law (including related criminal offences)
Statutory nuisance
Decisions on the sale or use of publicly owned land.
Prosecutions relating to Tree Preservation Orders.
Prosecutions under the Health Act 2006 matters (e.g anti-smoking legislation).

Paul is the author of the Village Green and Commons chapters of the Encyclopaedia of Forms & Precedents.

FURTHER DIRECTORY RECOMMENDATIONS

“He is persistent in his cross-examination while maintaining a polite and friendly approach.” Chambers and Partners

"A respected junior focusing on public law claims related to property. He regularly handles rights of way disputes, including village green applications and common land designations." Chambers and Partners

“He’s a rising star of that chambers, who is fully in command of all the legal issues and has a broad grasp of the subject.” Chambers and Partners

“He is particularly adept at cases relating to land development issues. He is articulate and able to convey legal points in a very clear way. Added to this he has a warm personality that definitely helps in our cases” Chambers and Partners

More detailed information about Paul's experience can be found on the New Square Chambers website.

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