Partner

Real Estate / Property Litigation and Commercial Disputes

Expertise

Martin Thomas, previously Head of Real Estate Litigation at Herbert Smith and more recently at Gowlings, is a Solicitor Advocate and CEDR Accredited Mediator. He has been recognised as a leading Property Litigator for nearly 30 years and is listed in the “Hall of Fame” by Legal 500.

He acts for developers, property companies, investors, investment funds,  local government departments, and Housing Associations, as well as retail and commercial occupiers.

Martin is a commercial litigator who specialises in real estate law disputes, contractual and negligence claims for Real Estate Sector clients. He is also a leading expert on the Telecoms Code.

As a Solicitor Advocate, he regularly conducts short or interlocutory  hearings and drafts pleadings for clients in suitable cases, working alongside leading members of the Independent Bar in others. He is well known for his technical knowledge as a very good black letter lawyer, strategic thinking, and negotiation skills. He has a reputation for handling complex and high-value disputes, often being instructed in place of clients’ regular advisers for more complex matters or if they are unable to act.

Martin Advises

  • Real Estate Investors
  • Investment Funds/Fund Managers
  • Developers
  • Property Companies
  • Landlords
  • Tenants
  • Housing Associations
  • Government/local government
  • Telecoms companies
  • Mineral and Construction companies
  • Waste Companies

Experience Highlights

Supreme Court Appeals
  • Cornerstone v Compton Beauchamp; Cornerstone v Ashloch [2022]: clarified key points on Telecoms Code interpretation
  • TfL v City of London and Southwark BC [2018]: addressed highway ownership in central London and interpreted relevant GLA statutes
Telecoms
  • On Tower v A P Wireless (C App January 2026) on the meaning of “party to the agreement” under the Telecoms Code ( also acted in the FTT, and appeal by APW to Upper Tribunal);
  • Five ground-breaking Telecoms Code Paragraph 33 cases in the Lands Tribunal during 2023;
  • Managed trial of 14 renewal cases in 2024 in Lands Tribunal; 17 similar cases progressing together towards a 2026 Central London County Court trial
  • Telecoms Code applications (including advocacy) for new rights, interim rights, and for surveys
Property Litigation
  • 1954 Act renewals
  • Lease/licence distinction (FTT and Upper Tribunal)
  • £30 Million breach of covenant claim relating to a future development site
  • Advising a government department in the strategic review of their property portfolio of @400-500 leases
  • Rights to light:
    • defending a rights to light claim, including arguments over the correct methods for assessing impact and damages in the West End;
    • acting for the claimant in relation to a major redevelopment in the City
  • Redevelopment: devising and implementing vacant possession strategy for listed west-end offices, including opposed 1954 Act renewals, telecoms and wayleave issues
  • Dilapidations disputes
  • £45 million dispute over completion accounts following a portfolio acquisition
  • Landlord and tenant: breach, service charges, possession and forfeiture claims
  • Residential: service charge; enfranchisement and dilapidations claims
Building Safety Act
  • Service charge dispute on the recoverability of BSA-related costs
  • Advice on liability for repairs and portfolio review/risk strategy
  • Section 20 Tenant consultations on the cost of works
  • Advice on cost recovery from former owners/developers and from the GLA fund
Professional Negligence
  • £20 Million negligence claim re construction defects in a Manchester residential development
  • £11 Million negligence claim for a Housing Association against solicitors for incorrect drafting of long residential leases, and resolving the highly complex title issues which had been caused
  • Acting for a landowner in a £4 million claim for negligence relating to expert valuation
Restrictive Covenants
  • Advocate in a successful S.84 application to discharge covenants relating to a development in Mayfair
  • Section 84 applications to remove/vary restrictive covenants affecting developments variously in Hammersmith, Cheshire, and Birmingham
Business Rates
  • Defending a challenge to a business rates mitigation scheme
  • Advice on business rates relief during COVID-19
  • Precedent-setting business rates valuation case relating to EFW sites
  • Business rates valuation appeal

Career History

Previous Law Firms

  • Partner, gunnercooke (2026 – Present)
  • Partner, Gateley Legal, (2024 – 2025)
  • Partner and Head of Real Estate Litigation, Wragge & Co, now Gowling WLG (2012 – 2024)
  • Partner and Senior Partner (head of) Commercial and Property Litigation, Dundas & Wilson (2007 – 2012)
  • Partner and Head of Property Litigation, Herbert Smith (1987 – 2007)
Memberships
  • Property Litigation Association
Professional qualifications:
  • 2005 CEDR Mediator
  • 2002 Solicitor Advocate
  • 1989 Solicitor
Education
  • Worcester College, Oxford.

Expertise

Back to top

Martin Thomas, previously Head of Real Estate Litigation at Herbert Smith and more recently at Gowlings, is a Solicitor Advocate and CEDR Accredited Mediator. He has been recognised as a leading Property Litigator for nearly 30 years and is listed in the “Hall of Fame” by Legal 500.

He acts for developers, property companies, investors, investment funds,  local government departments, and Housing Associations, as well as retail and commercial occupiers.

Martin is a commercial litigator who specialises in real estate law disputes, contractual and negligence claims for Real Estate Sector clients. He is also a leading expert on the Telecoms Code.

As a Solicitor Advocate, he regularly conducts short or interlocutory  hearings and drafts pleadings for clients in suitable cases, working alongside leading members of the Independent Bar in others. He is well known for his technical knowledge as a very good black letter lawyer, strategic thinking, and negotiation skills. He has a reputation for handling complex and high-value disputes, often being instructed in place of clients’ regular advisers for more complex matters or if they are unable to act.

Martin Advises

Back to top

  • Real Estate Investors
  • Investment Funds/Fund Managers
  • Developers
  • Property Companies
  • Landlords
  • Tenants
  • Housing Associations
  • Government/local government
  • Telecoms companies
  • Mineral and Construction companies
  • Waste Companies

Experience Highlights

Back to top

Supreme Court Appeals
  • Cornerstone v Compton Beauchamp; Cornerstone v Ashloch [2022]: clarified key points on Telecoms Code interpretation
  • TfL v City of London and Southwark BC [2018]: addressed highway ownership in central London and interpreted relevant GLA statutes
Telecoms
  • On Tower v A P Wireless (C App January 2026) on the meaning of “party to the agreement” under the Telecoms Code ( also acted in the FTT, and appeal by APW to Upper Tribunal);
  • Five ground-breaking Telecoms Code Paragraph 33 cases in the Lands Tribunal during 2023;
  • Managed trial of 14 renewal cases in 2024 in Lands Tribunal; 17 similar cases progressing together towards a 2026 Central London County Court trial
  • Telecoms Code applications (including advocacy) for new rights, interim rights, and for surveys
Property Litigation
  • 1954 Act renewals
  • Lease/licence distinction (FTT and Upper Tribunal)
  • £30 Million breach of covenant claim relating to a future development site
  • Advising a government department in the strategic review of their property portfolio of @400-500 leases
  • Rights to light:
    • defending a rights to light claim, including arguments over the correct methods for assessing impact and damages in the West End;
    • acting for the claimant in relation to a major redevelopment in the City
  • Redevelopment: devising and implementing vacant possession strategy for listed west-end offices, including opposed 1954 Act renewals, telecoms and wayleave issues
  • Dilapidations disputes
  • £45 million dispute over completion accounts following a portfolio acquisition
  • Landlord and tenant: breach, service charges, possession and forfeiture claims
  • Residential: service charge; enfranchisement and dilapidations claims
Building Safety Act
  • Service charge dispute on the recoverability of BSA-related costs
  • Advice on liability for repairs and portfolio review/risk strategy
  • Section 20 Tenant consultations on the cost of works
  • Advice on cost recovery from former owners/developers and from the GLA fund
Professional Negligence
  • £20 Million negligence claim re construction defects in a Manchester residential development
  • £11 Million negligence claim for a Housing Association against solicitors for incorrect drafting of long residential leases, and resolving the highly complex title issues which had been caused
  • Acting for a landowner in a £4 million claim for negligence relating to expert valuation
Restrictive Covenants
  • Advocate in a successful S.84 application to discharge covenants relating to a development in Mayfair
  • Section 84 applications to remove/vary restrictive covenants affecting developments variously in Hammersmith, Cheshire, and Birmingham
Business Rates
  • Defending a challenge to a business rates mitigation scheme
  • Advice on business rates relief during COVID-19
  • Precedent-setting business rates valuation case relating to EFW sites
  • Business rates valuation appeal

Career History

Back to top

Previous Law Firms

  • Partner, gunnercooke (2026 – Present)
  • Partner, Gateley Legal, (2024 – 2025)
  • Partner and Head of Real Estate Litigation, Wragge & Co, now Gowling WLG (2012 – 2024)
  • Partner and Senior Partner (head of) Commercial and Property Litigation, Dundas & Wilson (2007 – 2012)
  • Partner and Head of Property Litigation, Herbert Smith (1987 – 2007)
Memberships
  • Property Litigation Association
Professional qualifications:
  • 2005 CEDR Mediator
  • 2002 Solicitor Advocate
  • 1989 Solicitor
Education
  • Worcester College, Oxford.