Paul Wilmshurst

Paul deals with the full range of property litigation between individuals and businesses. For example: rights of way and easements, boundary disputes, commercial & agricultural landlord and tenant, negligence relating to property (e.g. surveyors and architects), negligent or fraudulent misstatements / misrepresentations about property, nuisance and environmental claims (e.g. smoke, noise, gases, dust, light, water, flooding and insects), disputes over the ownership of property (including trusts of land), unjust enrichment, proprietary estoppel, profits à prendre, manorial rights and covenants. 

My work

Paul is very experienced in dealing with boundary disputes and easements. He very regularly appears at trial in courts around England & Wales. In respect of easements, he can deploy his extensive experience of village green and public rights of way cases where, for example, the issue of user “as of right” arises. Claims dealt with also include claims under the Party Wall Act etc 1996, or the Access to Neighbouring Land Act 1992. Paul is familiar with selecting and deploying appropriate expert evidence. 

Recent representative work includes:

  • Property Chamber (First tier-tribunal) Land Registration Division contested trial concerning adverse possession and the “hot tubbing” of experts
  • Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) [appeal concerning boundary agreements]
  • 3-day boundary dispute at the Court at Central London concerning adverse possession. 
  • Stanning v Baldwin [2019] EWHC 1350 (Ch); [2019] 5 WLUK 544 (5 day High Court trial concerning private rights of way, drainage rights and a boundary dispute over a common). Reported in the Evening Standard and The Daily Mail. 
  • 5 day boundary dispute at the County Court at Birmingham.
  • 4-day boundary dispute at the County Court at Bristol.
  • 3 day boundary dispute (combined with a claim under the Party Wall etc Act 1996) at the Mayors & City County Court.
  • 7-day boundary dispute trial at Mayors & City County Court (combined with a harassment claim) where submissions were successfully made that the court should not follow the view of either expert surveyor, both of whom had advised there was a trespass. Reported in: The SunThe TimesThe ExpressThe Daily Mail
  • 4-day boundary dispute in the County Court at Brighton.
  • 4-day boundary dispute in the High Court sitting at Oxford.
  • A 3-day rights dispute about an easement in the Property Chamber (1st Tier Tribunal)
  • Appearing in the High Court to oppose an interim injunction sought in connection with a private right of way that had been compulsorily acquired.

Paul regularly deals with cases involving nuisance and is presently involved in several matters coming on for trial involving for example, nuisance concerning water damage occasioned by major alterations to topography of neighbouring land and building works.

About me

Paul is an experienced trial advocate and has also appeared at over 30 public inquiries.

What my clients say

""He is experienced, meticulous in his detail and knows his stuff." Chambers and Partners (2022)

"Paul is very hard-working, thorough and clearly interested in the field." Chambers and Partners (2021)

‘Meticulous, thoughtful and with an open mind to new legal angles.” Legal 500 (2020)

“He is able to articulate the complexities of the case with ease.” Legal 500 (2019)

“A respected junior…” “He is persistent in his cross-examination while maintaining a polite and friendly approach.” Chambers and Partners (2018)

Professional & academic

Paul studied History at Durham University before being awarded the Middle Temple Benefactor’s Scholarship, studying at Nottingham Law School and BPP Law School, and being called to the Bar in October 2007. Upon being called to the Bar Paul was awarded the Harold G Fox Scholarship and spent a year working at McCarthy Tétrault LLP, Toronto, Canada. He then spent a further year as a Parliamentary Assistant in the European Parliament, Brussels, before commencing his pupillage on the Western Circuit.

Paul is a member of the Chancery Bar Association, the Property Bar Association, the Institute of Art and Law, Middle Temple, ad Lincoln’s Inn (“ad eundem”) and an Associate Member of The Institute of Public Rights of Way and Access Management. 

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