< Barristers Overview
Barristers Overview
Robert Hastie
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01482 323264 or clerks@hullbar.co.uk

Robert Hastie

LL.B (Hons) Hull. Call 2020 (admitted as a solicitor 1994)

Principal Areas of Work
  • Civil Law

Rob was admitted as a Solicitor in 1994 and practiced in civil and commercial litigation. Over the last 15 years Rob has developed a particular specialism in property litigation. In what can frequently be a very complex area, Rob’s goal has always been to provide clients with the clearest and most commercial advice possible.

Professional Reputation

  • Property litigation, including: commercial landlord and tenant, possession cases, disrepair, the Landlord and Tenant Act 1954, rights of way, boundaries, and restrictive covenants.
  • Arbitration work, including in relation to the valuation of commercial rents. This includes engaging with valuers in relation to their draft reports and providing analysis of the grounds for appealing arbitrator’s awards/independent expert determinations.
  • Hospitality sector commercial property, particularly public houses, restaurants and motorway service areas.
  • Advice and arbitrations in connection with the Pubs Code etc Regulations 2016. Since the introduction of the Pubs Code in 2016, Rob has dealt with more than half of all referrals to the Pubs Code Adjudicator (‘PCA’), making him a leading lawyer in relation to that legislation. In order to better assist clients and instructing solicitors, he maintains a “Handbook of the Pubs Code”. Keeping the handbook constantly updated with the latest advice and decisions, allows him to instantly provide clients with guidance and advice on the complex legislation.
  • Insolvency aspects of property contracts.
  • Debt recovery.
  • Commercial contract disputes.

This work has been for landlords and tenants, companies and individuals, national and local clients.

Rob has a commercial approach to the law and understands that trials or arbitration awards are costly and time consuming for clients. Whilst he has been successful in finding constructive settlements of disputes in the majority of his cases, Rob has represented clients in a number of important reported cases including:-

  • Anonymized – PCA’s website 2019_1 – Quarterly rent and widened user clause were common in free of tie leases and reasonable in the MRO lease.
  • Anonymized – PCA’s website 2019_1 – Lack of certain information in the rent assessment proposal did not invalidate it.
  • Stephen Womack v Ei Group Plc – Quarter 1_202_1 – Lack of certain information in the rent assessment did make it invalid, but there was no right to compensation under the Code.
  • Anonymized – PCA’s website 2017­­_2 – The tenants claim to a “trigger event” was rejected on the basis that the events preceded the date of the Code and the tenant’s relevant analysis was deficient.
  • Anonymized – PCA’s website Quarter 4_2019_19 – Whether the Market Rent Only (‘MRO’) tenancy offered to the tenant under the Pubs Code has to be by a deed of variation (‘DOV’).
  • Anonymized – PCA’s website Quarter 1_2020_1 – Whether the term offered was compliant, and whether the MRO lease should be by DOV.
  • Anonymized – PCA’s website 2017_1 – Whether the tenant was entitled to request a RAP under r.19(2) when there was a PIRRS process in progress and completed 4 days after the request.
  • Anonymized – PCA’s website Quarter 4_2019_19 – Whether the Market Rent Only (‘MRO’) tenancy offered to the tenant under the Pubs Code has to be by a deed of variation (‘DOV’).
  • Ei Group plc v Clarke and Minnett – [2020] EWHC 1858 (Ch) (18 June 2020) – Appeal of arbitration award on the “no worse off” principle.
  • Clatworthy v Ei Group plc – PCA’s website Quarter 3_2019_9 – What constitutes a rent assessment under the Code.
  • Anonymized – PCA’s website Quarter 3_2019_11 – Disclosure of comparables and other information in a rent assessment.
  • New Inn Public House Walton Ltd v Ei Group Plc – PCA’s website Quarter_1_2019_11 – Failure of service of MRO notice.
  • Food Drink Rooms Ltd v Ei Group Plc and Unique Pub Properties Ltd – PCA’s website Quarter 2_2019_9 – Form of MRO tenancy (DOV or new lease).
  • EI Group Plc v In & Out Developments Ltd, John Joseph Burke, and Barrington Burke (A Bankrupt) [2019] EWHC 1887 (QB) – Forfeiture – tenant’s failure to comply with terms of a consent order for relief.
  • Splash Taverns v Ei Group plc – PCA’s website Quarter_3_2019_16 – Terms of an MRO offer.
  • Magpie & Stump Ltd v Ei Group Ltd – PCA’s website Quarter_1_2019_15 – Terms of an MRO offer.
  • AGT Inns v Ei Group Ltd – PCA’s website Quarter_1_2019_7 – Terms of an MRO offer.
  • Unique Pub Properties v Roddy (UK), [2018] EWCH 4019 (Ch)) – application for an injunction in the face of a Competition Act defence.
  • Hughes v Ei Group plc – PCA’s website – Quarter 3_2018_18 – Terms of an MRO proposal.
  • SPS Pubs Ltd and others v Ei Group plc – PCA’s website Quarter_3_2018_18 – Terms of an MRO offer.
  • Hankins & Hankins v Ei Group plc- 2018 PCA’s website Quarter 3_1 – What constitutes a rent review for the purposes of r.19(2) of the Pubs Code etc. Regulations 2016.
  • Clarke & Minnett v Ei Group plc – 2018 PCA’s website Quarter 3_2 – Considerations affecting whether an MRO tenancy has to be by new lease or by DOV.
  • Ei Group Ltd and Unique v Anonymized – PCA’s website – 2018 – High Court order – Terms of an MRO offer.
  • Cask & Butcher Ltd v Ei Group plc – PCA’s website – Quarter_4_2018_12 – Terms of an MRO offer.
  • Wellington – Red Lion, Isleworth – Morning Advertiser 11 September 2015 – Successful challenge to ACV listing
  • Enterprise Inns Plc –v- Turk [2014] – Landlord & Tenant Act 1954 – Opposition to renewal of a lease of a pub under grounds (a), (b) and (c) of Section 30(1) of the Act.
  • Enterprise Inns Plc v Rosetta Road Ltd (2013) (The Alma, Islington) Morning Advertiser – Tenant’s right to set off against rent.
  • Unique Pub Properties Limited –v- Fitzpatrick [2012] Committal for contempt of Court following breach of an undertaking to comply with the terms of the tie.
  • Unique Pub Properties Ltd v Broad Green Tavern Ltd and another [2012] All ER (D) 352 (Jul) – Landlord’s right to install flow monitors in a public house
  • Enterprise Inns Plc v Palmerston Associates Ltd and others [2011] All ER (D) 90 (Dec) – Interpretation of the beer tie – tie by brand vs tie by type
  • Unique Pub Properties -v- Onifas Limited; ChD 2011 – Implied terms and a landlord’s right to install flow monitors in a public house.
  • WH Brakspear & Sons v Bateman – Morning Advertiser 22/3/11 – Competition issues/ eviction.
  • Enterprise Inns Plc v Forest Hill Tavern Ltd [2010] All ER (D) 204 – Defeating tenant’s challenge to the enforceability of the tie.
  • Rouf v Tragus Holdings Ltd Chancery Division, 13 January 2009 Forfeiture; Injunctions; Disclaimer; Peaceful enjoyment of possessions; Periodic tenancies; Rent arrears; Rights of re-entry; Underleases [2009] EWHC 96 (Ch);
  • Campbell-Bell v Enterprise Inns plc (QB) [2009] All ER (D) 50 – a rent review challenge concerning the arbitrator’s choice of the top downwards valuation method in preference to the bottom upwards valuation approach.
  • Brooker v Unique Pub Properties Ltd (2009) 49 EG 72 – Valuation of rent on LTA 1954 – renewal of a public house.
  • Wellington Pub Co. PLC v Hancock Estates Gazette 12/5/2009 – Pursuing guarantors abroad.
  • O’Donoghue –v- Enterprise Inns Plc [2008] EWHC B15(CH) – dismissal of an application for permission to appeal an arbitration award on the grounds that the Arbitrator had adopted the wrong procedure.
  • Anderson v Ei Group Plc – PCA’s website December_2019_2 – MRO case dealing with reasonableness of AGAs, deposits, new lease v DOV
  • Anonymized – PCA’s website December_2021­_1 – Contents of a valid RAP – benchmarking information and line wastage.
  • Anonymized – PCA’s website November_2021_1 – Right to request a r.19(2) RAP in the first 5 years after a renewal.
  • Anonymized – PCA’s website July­_2019 – Right to request a r.19(2) RAP and form of that request.
  • Anonymized – PCA’s website June­_2019_1 – Right to a declaration of non-compliance with the Code after the tenant ceases to be a TPT.
  • Anonymized – PCA’s website December_2019_1 – Consequences of tenant failing to raise claim for compensation in notice of dispute.
  • Anonymized – PCA’s website October_2021_2 – Trigger events – Covid related sports booking cancellations not satisfying test.
  • Anonymized – PCA’s website January_2021_2 – A DOV ended the previous rent assessment and barred a r.19(2) request for a RAP.
  • Anonymized – PCA’s website January_2021_1 – A non-MRO challenge was after the expiry of the limitation period for bringing a claim.
  • Anonymized – PCA’s website July_2021_1 – A further s.49 notice did not have to be served to complain about the CCO’s response to a s.49 notice.
  • Anonymized – PCA’s website June_2021_1 – RPI with collar and caps were common and reasonable.
  • Anonymized – PCA’s website May_2021_1 – Tenant only had a 4 month period for bringing challenges to a ARP.

The work has been high profile and frequently involved a detailed consideration of the public relations/regulatory aspects of the case.

In addition to the more high profile cases, Rob has frequently represented clients at hearings in the County Court.

As a solicitor, Rob has been a recommended practitioner in both Chambers and Legal 500.

Testimonials

“Rob Hastie’s vast experience and knowledge of the Pubs Code sets him apart and makes him our go-to for such matters – highly recommended”

“We instructed Rob Hastie on an unusual matter relating to recovery of land. As well as a competitive fee quote Mr Hastie’s advice was fulsome and sensitive to the individual circumstances and interests of multiple stakeholders and the media. He brings a fresh perspective, having crossed over from private practice, is well prepared and does not leave anything to chance. He is my go-to Counsel on a range of property related issues and never disappoints.”

“Rob (Hastie) provides a first-class service with excellent client engagement, offering insightful and comprehensive advice on areas of speciality that are second to none. Rob has an excellent skill of distilling complex and detailed matters into easily relatable and pragmatic commercial advice.”

Qualifications and Appointments

  • PUniversity of Hull 1987-1990.
  • Legal Practice Course (Store Street) 1991-1992.
  • Gosschalks Solicitors (Hull) 1992-2000 (Assistant/Associate) and 2001-2020 (Partner and subsequently Joint Head of Litigation).
  • Lupton Fawcett Solicitors (Leeds) 2000-2001.
  • Solicitor’s Higher Rights of Audience 2020.
  • Bar Transfer Course (BPP) 2020. (Reduced pupillage 3 months)

Memberships

  • Lincoln’s Inn.
  • Property Bar Association