areas of practice
Commercial Law
Damian Falkowski is regularly instructed in high value commercial cases, often requiring urgent freezing injunctions.
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Property Law - Landlord & Tenant
The law of landlord and tenant is founded on principles of common law and equity and subject to various statutory codes. Knowledge of all aspects of these principles is essential to a proper understanding of the subject.
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Property Law - Easements & Restrictive Covenants
Easements have been known to the common law since early times. Indeed, the “modern” law of easements, particularly as regards to the acquisition of rights, remains firmly rooted in the past, with the concepts of the “lost modern grant” (the legal fiction of the deed that has since been lost or destroyed by accident) and the Prescription Act 1832 etc.
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High Net Worth
Damian Falkowski regularly appears for high net worth individuals in complex litigation. His clients often have interests spanning multiple jurisdictions. He is able to work with clients to develop the most suitable strategy to be adopted from initial instructions to a final resolution.
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Consumer Credit, Secured and Unsecured Lending
Damian Falkowski has over 25 years experience in regulated credit and mortgages. He acted for the borrower in the first reported case where a successful challenge under the Unfair Terms in Consumer Contracts Regulations 1994 was brought: Falco Finance Ltd v Gough [1999] CCLR 16. In that case a mortgage agreement permitted to the debtor to pay a discounted rate of interest, but provided that, in the event of any default in payment, the right to the discount would be permanently forfeited. The full contractual rate would then be payable. The court found that that this was an extortionate credit bargain and an unfair term. Damian also acted for the borrower in the leading case Paragon Finance plc v Nash [2001] EWCA Civ 1466; [2002] 1 WLR 685. In this Court of Appeal case it was established that a power for the lender to vary an interest rate in a mortgage is not unfettered discretion; it must be exercised in an way that it not arbitrary, capricious or unreasonable. Damian acts for creditors banks, credit card issuers, retailers and non-status lenders, borrowers and regulatory and enforcement authorities. He regularly advises on issues arising under the Financial Conduct Authority authorisations and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (“the RAO”). He regularly advises on the issues arising under with the FCA Handbook, particularly the Consumer Credit Sourcebook (“CONC”), Mortgages and Home Finance: Conduct of Business Sourcebook (“MCOB”) and Dispute Resolution (“DISP”) chapters. He advises on advertisements and financial promotion under the Handbook rules and the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005; He regularly acts in cases where undue influence, breach of fiduciary duty and irresponsible lending are alleged.
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