- Called: 2011
Sam is a property specialist and member of Five Paper’s Chambers and Partners and Legal 500 ranked Property Team.
Before joining Chambers, Sam managed a portfolio of 850 properties housing over a thousand tenants in London for one of the largest social landlords in the UK.
Drawing on his industry experience, Sam provides a clear, accessible and commercially sensible service to clients at all stages of litigation.
Sam Phillips accepts instructions in all areas of property law, but with particular emphasis on leasehold matters, real property and trusts of land.
Sam regularly appears in the High Court, County Court, Property Chamber and Tribunals, primarily on behalf of landlords and managing agents.
Covenants, adverse possession claims, commercial leases, injunctions, applications under TLATA, boundary disputes. Acting for landlords, property managers and RTM companies in the Property Chamber.
Acting for landlords and tenants in all areas of housing law, particularly contested possession claims, disrepair matters, article 8 and proportionality challenges as well as homelessness appeals, obtaining Anti-Social Behaviour Injunctions and enforcement through committal proceedings.
Sam also accepts instructions through the Bar Pro Bono Unit.
Recent Matters: Real Property
- Obtained possession of residential properties in the final hearing of an £8million development claim in the Queen’s Bench Division of the High Court.
- Acted in a multi-party Chancery Property trial, successfully defending a wife from her husband’s claims of dishonest behaviour relating to the purchase of investment properties.
- Resisted multiple claims of adverse possession of publicly owned land on the basis of ex turpi causa.
Recent Matters: Landlord and tenant
- Represented a local authority in a High Court claim for a declaration of incompatibility (Art 14).
- Obtained an extensive injunction representing a local authority landlord in a test case in relation to expanding the scope of the exclusion provisions of injunctions under the new ASB Crime and Policing Act.
- Successfully argued for the principle that public authorities should be exempt from the strict requirements of costs budgeting when bringing claims against legally-aided parties (in QBD of the High Court).
Recent Matters: Leasehold
- Resisted a challenge to service charges based on the establishment of a sinking fund for imminent works, in the FTT and Upper Tribunal.
- Represented leaseholders in forfeiture proceedings, successfully resisting multiple applications for strike out and summary judgment of inter alia, a defence of waiver.
- Resisted a defence of waiver in a leasehold claim for a declaration of breach in the FTT where the landlord had constructive knowledge of subletting for over 20 years.
- M.A. (Hons) in International Relations from the University of St Andrews,
(First Class specialist modules in International Legal Regimes and Conflict Intervention);
- Graduate Diploma in Law, City Law School
- Bar Professional Training Course, City Law School
(VC, Outstanding in Civil Litigation and Civil Remedies)
- Sam Phillips was one of the five Inns of Court Law School Scholars in 2011
Property Bar Association