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Joanna Osborne

Joanna is Head of the Property Litigation department at Edwin Coe.

She deals with all types of property disputes including joint venture and conveyancing disputes, trespass, party wall and developer claims, including those for building defects and against new build warranty insurers, professional negligence and rectification claims, the full range of landlord and tenant disputes encompassing breaches of covenant, forfeiture, insolvency, rent arrears, possession and service charge issues, business lease renewals and dilapidations claims. She advises on commercial, residential and mixed use schemes. Before joining Edwin Coe in 2000, Joanna was a partner in a niche litigation practice called Maislish & Co which specialised in high-profile and heavyweight general commercial disputes. She has acted in company and partnership disputes, construction claims, libel, professional negligence and general contract claims. She therefore has an impressive breadth of experience to draw upon when advising property clients on their matters.

Whilst being assertive and tenacious, Joanna understands that the primary objective of a property client is usually to achieve the most commercially acceptable outcome given the practical requirements of their business and also the risks of litigation. This means that dispute avoidance is an important factor in initial advice. Where that does not resolve a dispute, then Joanna has considerable experience in alternative dispute resolution processes such as mediation, PACT, single expert determination and arbitration.

Clients range from substantial, high-profile Plc’s to small and medium sized businesses, private clients, charities and administrators of estates, coming from all areas of business and walks of life, including the media, publishing, property and construction, multiple national retailers, local authorities, individual property investors and all types of landlord and tenant.

The following provides an indication of some of the work undertaken by Joanna, who tends to advise on a very broad range of matters on a daily basis.

Breach of Option Agreement

Advising a charity on the failure by the purchaser of a nursery school under an option agreement to provide notice under an option to buy back the school. Bringing a claim for the difference between the sale price and the actual value of the property on the subsequent sale of the school.

Professional Negligence

Acting for claimants against property professionals in connection with the purchase and development of property. Advising on claims concerning construction professionals and claims against solicitors due to their failure to deal with landlord and tenant claims correctly. For example, serving adequate notices and to protect tenants’ right to renew in 1954 Act renewal cases.

Break Rights

Claims arising from defective (or the lack of) break notices served by both landlords and tenants or the failure to comply with conditions. Acting in professional negligence claims where solicitors have not advised correctly. Advising on claims for new business leases containing break rights on the grounds of redevelopment.

Property Purchase Issues

Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.

Business Lease Renewals

Uncontested and contested applications for new tenancies including those opposed by landlords on various grounds and advising on the various tactical considerations, including in relation to interim rent and disrepair. Some parties are using proceedings as a negotiating tactic more than in the past.

Dilapidations Disputes

Advising both landlords and tenants, including clients with substantial property holdings, on the full range of dilapidations issues including advice on avoiding claims and on supersession and diminution in value under section 18(1) of the Landlord and Tenant Act 1927.

Landlord/Developer Defect Claims

Advising in relation to several luxury new-build developments of flats or houses, with numerous substantial building defects and fire safety issues. Claims where the landlord/developer has breached the covenant of quiet enjoyment and derogated from the grant of leases by seeking to restrict amenity and subsume land in further development. Various planning issues arising.

Unreasonably withholding consent to assignment or subletting

Acting for landlords and tenants in cases where consent is sought for assignment or subletting. In one case the issue was whether a landlord could withhold consent on the basis that the premises were next door to the landlord’s head office and the proposed assignee was the Probation Service. In the end the assignment was permitted, but with concessions given as to how the premises would be used.

Boundary Disputes

Numerous disputes concerning failure to comply with the provisions of the Party Wall etc. Act 1996, also disputes concerning farmers moving boundaries, problems with roadways and issues arising in relation to the creation of rights to light.

Developer/Joint Venture Disputes

Advising on legal rights and obligations between joint venture partners. One case concerned a claim for equitable relief arising from an estoppel.

Joanna Osborne awards

Credentials

  • Ranked in Chambers UK 2024

  • Recommended in Legal 500 UK 2024

  • Member of Property Litigation Association

  • Member of Professional Negligence Lawyers Association

  • Member of Women in Property

  • Member of the Law Society

  • Member of the Dilapidations Association

Quotes

She's always thinking about how to resolve disputes in the most efficient way. She's constantly coming up with differ...
Chambers UK 2024

She's always thinking about how to resolve disputes in the most efficient way. She's constantly coming up with different ideas on how to tackle problems and is tough.

Chambers UK 2024

Joanna Osborne is astute, tenacious, personable and an excellent lawyer.


Chambers UK 2024

Joanna Osborne is astute, tenacious, personable and an excellent lawyer.

Chambers UK 2024

Joanna is persistent, very well prepared and very personable - you want her on your side. She can cover all sorts of ...
Chambers UK 2024

Joanna is persistent, very well prepared and very personable - you want her on your side. She can cover all sorts of matters.

Chambers UK 2024

Joanna Osborne is very experienced, client-friendly.


The Legal 500 UK 2024

Joanna Osborne is very experienced, client-friendly.

The Legal 500 UK 2024

Joanna Osborne is passionate, persuasive and 110% committed to her clients.


The Legal 500 UK 2024

Joanna Osborne is passionate, persuasive and 110% committed to her clients.

The Legal 500 UK 2024

Joanna Osborne leads the team brilliantly. She is highly experienced and is always looking for innovative solutions t...
The Legal 500 UK 2024

Joanna Osborne leads the team brilliantly. She is highly experienced and is always looking for innovative solutions to complex issues that would stump mere mortals.

The Legal 500 UK 2024

Joanna is so experienced and takes everything in her stride. She is very decisive and able to cut through matters. Chambers UK 2023

Joanna is so experienced and takes everything in her stride. She is very decisive and able to cut through matters.

Chambers UK 2023

Joanna Osborne stands out legally and professionally and is always willing to listen and discuss, a good negotiator, ...
The Legal 500 UK 2023

Joanna Osborne stands out legally and professionally and is always willing to listen and discuss, a good negotiator, helpful and thorough.

The Legal 500 UK 2023

Joanna Osborne is an exceptional property litigator and role model for aspiring female solicitors in real estate. She...
The Legal 500 UK 2023

Joanna Osborne is an exceptional property litigator and role model for aspiring female solicitors in real estate. She is great to work with as her extensive experience means she is able to drill into the issues from both the legal and the client’s perspective to find workable solutions.

The Legal 500 UK 2023

Joanna Osborne is an exceptional lawyer, astute tenacious and commercial. She always stands up for her clients and is...
The Legal 500 UK 2023

Joanna Osborne is an exceptional lawyer, astute tenacious and commercial. She always stands up for her clients and is totally committed.

The Legal 500 UK 2023

She is a very good lawyer who is fantastically loyal to clients.


Chambers UK 2022

She is a very good lawyer who is fantastically loyal to clients.

Chambers UK 2022

Joanna is absolutely committed to her clients and works phenomenally hard, leaving no stone unturned.


Chambers UK 2022

Joanna is absolutely committed to her clients and works phenomenally hard, leaving no stone unturned.

Chambers UK 2022

Joanna Osborne has been tireless in her pursuit of the truth and ensuring that our voice is heard in this process. Sh...
The Legal 500 UK 2022

Joanna Osborne has been tireless in her pursuit of the truth and ensuring that our voice is heard in this process. She has been our guardian angel throughout and protected us from trapdoors that we may have fallen into.

The Legal 500 UK 2022

Joanna Osborne is the undoubted star of this excellent team. An impressive blend of people skills, legal knowledge, c...
The Legal 500 UK 2021

Joanna Osborne is the undoubted star of this excellent team. An impressive blend of people skills, legal knowledge, commercial sense and powerful advocacy impresses clients, professional advisers and opponents alike.

The Legal 500 UK 2021

Partner Joanna Osborne is superb and stands out for her tenacity, her commitment to the case, her instincts, and abil...
The Legal 500 UK 2021

Partner Joanna Osborne is superb and stands out for her tenacity, her commitment to the case, her instincts, and ability to see things clearly from a client’s perspective. She is very ably assisted by a team of bright and capable solicitors.

The Legal 500 UK 2021

Joanna Osborne is an excellent property litigator, able to handle complex issues with ease and keeping clients well-i...
The Legal 500 UK 2021

Joanna Osborne is an excellent property litigator, able to handle complex issues with ease and keeping clients well-informed throughout the process.

The Legal 500 UK 2021

The lead person Joanna Osborne was unbelievably knowledgeable and competent. Not only was each stage of the case deal...
The Legal 500 UK 2021

The lead person Joanna Osborne was unbelievably knowledgeable and competent. Not only was each stage of the case dealt with competently but also Joanna was able to pre-empt each move that the other side was likely to make next, which helped considerably when figuring out our next steps. I valued Joanna’s expertise immensely.

The Legal 500 UK 2021

She is tactically unbeatable.


Chambers UK 2021

She is tactically unbeatable.

Chambers UK 2021

You were right all along about how bad the lease was, I just wish that I used your firm to buy the lease in the first...
Paul, Private Client

You were right all along about how bad the lease was, I just wish that I used your firm to buy the lease in the first place. You (Joanna Osborne) and Brenna (Baye) know your stuff!

Paul, Private Client

Joanna Osborne is knowledgeable and a tenacious force to be reckoned with.


The Legal 500 2019

Joanna Osborne is knowledgeable and a tenacious force to be reckoned with.

The Legal 500 2019

Practice head Joanna Osborne leads from the front with an incisive mind, enormous enthusiasm and an unshakable resolv...
The Legal 500 2017

Practice head Joanna Osborne leads from the front with an incisive mind, enormous enthusiasm and an unshakable resolve.

The Legal 500 2017

Edwin Coe LLP continues to grow its practice under the excellent Joanna Osborne.


The Legal 500 2016

Edwin Coe LLP continues to grow its practice under the excellent Joanna Osborne.

The Legal 500 2016

The advice has always been straight forward and commercial - advice you can really use


Client Feedback Survey 2015

The advice has always been straight forward and commercial - advice you can really use

Client Feedback Survey 2015

Edwin Coe LLP advises a variety of commercial and private clients. Joanna Osborne is recommended.


The Legal 500 2015

Edwin Coe LLP advises a variety of commercial and private clients. Joanna Osborne is recommended.

The Legal 500 2015

[Edwin Coe LLP] have a good understanding of our needs and service them with
knowledge and understanding of the...
Chambers UK 2014

[Edwin Coe LLP] have a good understanding of our needs and service them with
knowledge and understanding of the issues.

Chambers UK 2014

  • Single page view

Joanna Osborne

Partner

Joanna is Head of the Property Litigation department at Edwin Coe.

She deals with all types of property disputes including joint venture and conveyancing disputes, trespass, party wall and developer claims, including those for building defects and against new build warranty insurers, professional negligence and rectification claims, the full range of landlord and tenant disputes encompassing breaches of covenant, forfeiture, insolvency, rent arrears, possession and service charge issues, business lease renewals and dilapidations claims. She advises on commercial, residential and mixed use schemes. Before joining Edwin Coe in 2000, Joanna was a partner in a niche litigation practice called Maislish & Co which specialised in high-profile and heavyweight general commercial disputes. She has acted in company and partnership disputes, construction claims, libel, professional negligence and general contract claims. She therefore has an impressive breadth of experience to draw upon when advising property clients on their matters.

Whilst being assertive and tenacious, Joanna understands that the primary objective of a property client is usually to achieve the most commercially acceptable outcome given the practical requirements of their business and also the risks of litigation. This means that dispute avoidance is an important factor in initial advice. Where that does not resolve a dispute, then Joanna has considerable experience in alternative dispute resolution processes such as mediation, PACT, single expert determination and arbitration.

Clients range from substantial, high-profile Plc’s to small and medium sized businesses, private clients, charities and administrators of estates, coming from all areas of business and walks of life, including the media, publishing, property and construction, multiple national retailers, local authorities, individual property investors and all types of landlord and tenant.

Expertise

  • Property Litigation: Overview
  • Joint Venture Disputes
  • Acquisitions and sale of real estate
  • Conveyancing Disputes
  • Party Wall Act
  • Landlord and Tenant Disputes
  • Breaches of Covenant
  • Business Lease Renewals under the 1954 Act
  • Dilapidations Claims
  • Landlord/Developer Defect and Disrepair Claims (including those with fire safety issues)
  • Construction Contract Claims
  • Forfeiture and Applications for Relief
  • Lease Surrender
  • Injunctive Relief
  • Trespass, Nuisance and Damages Claims
  • Rent and Service Charge Recovery
  • Insolvency of Landlords and Tenants
  • Leasehold Enfranchisement, Lease Extension and Right to Manage
  • Professional Negligence Claims
  • Planning Appeals and Enforcement
  • Local Authority Disputes

Experience

The following provides an indication of some of the work undertaken by Joanna, who tends to advise on a very broad range of matters on a daily basis.

Breach of Option Agreement

Advising a charity on the failure by the purchaser of a nursery school under an option agreement to provide notice under an option to buy back the school. Bringing a claim for the difference between the sale price and the actual value of the property on the subsequent sale of the school.

Professional Negligence

Acting for claimants against property professionals in connection with the purchase and development of property. Advising on claims concerning construction professionals and claims against solicitors due to their failure to deal with landlord and tenant claims correctly. For example, serving adequate notices and to protect tenants’ right to renew in 1954 Act renewal cases.

Break Rights

Claims arising from defective (or the lack of) break notices served by both landlords and tenants or the failure to comply with conditions. Acting in professional negligence claims where solicitors have not advised correctly. Advising on claims for new business leases containing break rights on the grounds of redevelopment.

Property Purchase Issues

Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.

Business Lease Renewals

Uncontested and contested applications for new tenancies including those opposed by landlords on various grounds and advising on the various tactical considerations, including in relation to interim rent and disrepair. Some parties are using proceedings as a negotiating tactic more than in the past.

Dilapidations Disputes

Advising both landlords and tenants, including clients with substantial property holdings, on the full range of dilapidations issues including advice on avoiding claims and on supersession and diminution in value under section 18(1) of the Landlord and Tenant Act 1927.

Landlord/Developer Defect Claims

Advising in relation to several luxury new-build developments of flats or houses, with numerous substantial building defects and fire safety issues. Claims where the landlord/developer has breached the covenant of quiet enjoyment and derogated from the grant of leases by seeking to restrict amenity and subsume land in further development. Various planning issues arising.

Unreasonably withholding consent to assignment or subletting

Acting for landlords and tenants in cases where consent is sought for assignment or subletting. In one case the issue was whether a landlord could withhold consent on the basis that the premises were next door to the landlord’s head office and the proposed assignee was the Probation Service. In the end the assignment was permitted, but with concessions given as to how the premises would be used.

Boundary Disputes

Numerous disputes concerning failure to comply with the provisions of the Party Wall etc. Act 1996, also disputes concerning farmers moving boundaries, problems with roadways and issues arising in relation to the creation of rights to light.

Developer/Joint Venture Disputes

Advising on legal rights and obligations between joint venture partners. One case concerned a claim for equitable relief arising from an estoppel.

Credentials

  • Ranked in Chambers UK 2024

  • Recommended in Legal 500 UK 2024

  • Member of Property Litigation Association

  • Member of Professional Negligence Lawyers Association

  • Member of Women in Property

  • Member of the Law Society

  • Member of the Dilapidations Association

Contact

Telephone:
+44 20 7691 4034

Email:
joanna.osborne@edwincoe.com

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