Mark Pawlowski

Mark Pawlowski LLB, BCL, MA Status, ACIArb

Mark Pawlowski

Mark Pawlowski
LLB, BCL, MA Status, ACIArb

Professor

Faculty of Architecture, Computing and Humanities

Before joining University of Greenwich, Mark Pawlowski practised as a Chancery barrister at 5 New Square, Lincoln's Inn. He began his practice upon being called to the Bar in 1978 and soon afterwards also started teaching as a part-time lecturer (1980–83) at the University of Greenwich.

In 1983, he was appointed a full-time lecturer in law at the university and, a year later, promoted to senior lecturer in law until 1995 when he was awarded the title of Reader in Property Law. In 2000, he was appointed Professor of Property Law. In addition to continuing in practice as a barrister, he also taught land registration as a visiting lecturer at University College London. From 2002–05, he was a PhD supervisor at South Bank University. From 2009–12, he was a member of the Professorial and Readership Appointments Committee at the University of Greenwich. As well as various other duties, he is currently a member of the School Research & Enterprise Committee. He has held various external examiner appointments including those at South Bank University, London Metropolitan University and Queen's University, Belfast.

Mark has had a number of books published during the course of his academic career. His first major work, The Forfeiture of Leases (Sweet & Maxwell), was published in August 1993. There was (and still is) no other publication dealing specifically with this area of landlord and tenant law. In this respect, the book remains unique in bringing the various aspects of forfeiture of leases together in a single comprehensive work. The book received excellent reviews.

His next major work, The Doctrine of Proprietary Estoppel (Sweet & Maxwell), was published in September 1996 and again is the only publication offering a complete and detailed overview of this doctrine. In his review of the book, Rupert Ticehurst, Lecturer in Law, King's College London, stated that the book "was a brave undertaking" and that "it is a very useful source for those interested in this important and dynamic field of property law". He also stated: "It is probably too detailed for most undergraduate students but will be very useful for postgraduates, researchers and practitioners". See: (1977) 8 KCLJ, at pp. 155–56.

Mark's next book (co-authored with J. Brown) on The Doctrine of Undue Influence was published by Cavendish Publishing in 2002. The book contains a foreword by Mr Justice Neuberger (now President of the Supreme Court) who stated that the book considers "the effect of the authorities in a clear and logical way" but also "highlights problems which have yet to be resolved and questions which have yet to be answered, which, to me at any rate, is one of the hallmarks of a good legal book".  In her review of the book, Simone Wong stated that "the book provides an excellent coverage of the doctrine" and "exposes the weaknesses of the undue influence doctrine and how the constituents of the doctrine... would need a complete overhaul if we were to have a coherent and principle-based doctrine." See: (2004) 12 Feminist Legal Studies 105, at p. 107. The book remains the only one of its kind dealing specifically with this subject area. Mark is currently commissioned by the Law Society to prepare a Guide to the Termination of Tenancies Act for legal practitioners, which is awaiting publication to be coincident with the enactment of this legislation.

In 1996, at his instigation, publishers Sweet & Maxwell launched a new law journal on the subject of landlord and tenant law called L&T Review. This has now been running for over 17 years and has become the leading publication in its field. Mark is the general editor with an editorial board comprising leading legal practitioners in the field. Apart from his role as general editor, he provides regular articles and editorials for the journal on a variety of landlord and tenant topics. The journal is also available online on Westlaw as part of a larger service to academics and practitioners and is featured heavily in the standard textbooks on landlord and tenant law.

Mark is also a legal commentator for Lexis-Nexis UK Legal News Analysis, which has a wide academic and practitioner audience throughout the UK. Mark has also written for a broader (general public) audience when he was commissioned (in 1999) to write a book entitled Leasing Commercial Premises comprising a concise outline (145 pages) of the law relating to commercial lettings. The book was very successful and, in 2002, was reprinted by Estates Gazette Publishing.

Professor of Property Law

Professional and academic associations

  • Middle Temple Inn of Court
  • Chartered Institute of Arbitrators
  • Society of Legal Scholars
  • Association of Law Teachers
  • Wadham College (Oxford) Law Society Higher Education Academy

Throughout his academic life, Mark has published extensively in the areas of equity and trusts and landlord and tenant law. In addition to a number of textbooks and monographs, he has produced a huge volume of articles, casenotes, editorials and commentaries (totaling over 300 outputs), which have been published in numerous refereed and practitioner legal journals since 1990.

His research has sought to challenge conventional wisdom and inform both academic and practitioner debate in a number of important areas. More specifically, a number of his more recent publications have argued for reform, or a fresh appraisal, of various property law doctrines and their application in relation to: (1) the devolution of estates on a commorientes; (2) the role of the constructive trust in relation to beneficial ownership of the family home and upon a sale of land and chattels; (3) the informal variation of express declarations of trust; (4) the notion of capricious purposes in testamentary trusts; (5) the constitution of secret trusts; (6) the doctrine of repudiatory breach in relation to leases; (7) the repeal of certain specific provisions of the Law of Property Act 1925; (8) the introduction of new legislation for interim administration of a missing person's estate; (9) the abolition of the mutual wills doctrine; and (10) the rationalisation of occupational rights in leasehold law.

Funded research projects

In terms of Mark's recent research, his joint article (with J. Brown) on Problems with Mutual Wills – A Study of Probate Practice, Conveyancer and Property Lawyer (2012), 76(6), pp. 467–83, examined the current law on mutual wills by reference, in particular, to the decision in Healey v Brown [2002] WTLR 849 and gave the findings of the writers' study into the current use of such wills, identifying the reasons for their unpopularity and highlighting the practical consequences of ignoring the Healey ruling.

The writers' findings were compiled from replies to a questionnaire sent out to 200 probate solicitors throughout England and Wales in 2011. The sample was selected from senior probate practitioners grouped evenly amongst five different regions, namely, London, the south-west, the Midlands, the north and Wales. The findings were later disseminated to those solicitors who participated in the project with positive feedback being returned indicating a new awareness of the Healey decision and a change in practice with regard to the usefulness of the mutual wills doctrine in drafting documentation for clients wishing to leave property after their death.

A second study carried out by Mark and J. Brown involved empirical research into the consequences of applying the so-called 'presumption of equality' in joint ownership cases and whether an express declaration of trust is conclusive of the parties' beneficial shares in the family home or whether it can be varied or displaced by the informal mechanism of a constructive trust or an estoppel as a result of events arising after the date of declaration.

The writers' findings were compiled from replies to a questionnaire sent out to 200 conveyancing solicitors throughout England and Wales in October 2012. The findings were made available to participating solicitors and feedback has shown that the study has provided some very valuable recommendations with regard to the use of express declarations of trust and the need for changes in Land Registry practice with regard to the mandatory completion of the "declaration of trust" (Panel 10) in the TR1/FR1/TP1 form before it registers co-purchasers as joint legal proprietors.

A number of solicitors have also indicated a change in practice in terms of the advice given to clients purchasing a property in joint names. The research is particularly topical with the recent issue (in January 2013) of a joint practice note by the Law Society and Land Registry on joint ownership and the desirability of recording the intentions of the owners at the time of purchase using a declaration of trust.

() . The Denning Law Journal. University of Buckingham Press. ISSN 0269-1922 ISSN 0269-1922

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 133-137. ISSN 1365-8018 ISSN 1365-8018

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 7-11. ISSN 1743-5501 ISSN 1743-5501

() . Family Law Journal. Legalease Publishers Limited. pp. 18-21. ISSN 1472-4944 ISSN 1472-4944

() . New Law Journal. New Law Journal. pp. 13-14. ISSN 0306-6479 ISSN 0306-6479

and () . Conveyancer and Property Lawyer. Thomson Reuters (Legal) Limited. pp. 145-156. ISSN 0010-8200 ISSN 0010-8200

() . Estates Gazette. Estates Gazette. pp. 62-63. ISSN 0014-1240 ISSN 0014-1240

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 12-15. ISSN 1743-5501 ISSN 1743-5501

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 46-50. ISSN 1365-8018 ISSN 1365-8018

and () . Nottingham Law Journal. Nottingham Law School, Nottingham Trent University. ISSN 0965-0660 ISSN 0965-0660

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 8-12. ISSN 1365-8018 ISSN 1365-8018

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 26-28. ISSN 1743-5501 ISSN 1743-5501

() . Family Law. Jordan Publishing Limited. pp. 1100-1102. ISSN 0014-7281 ISSN 0014-7281

() . Trusts & Trustees. Oxford University Press. pp. 757-762. ISSN 1363-1780 ISSN 1363-1780

() . Nottingham Law Journal. Nottingham Law School, Nottingham Trent University. pp. 120-126. ISSN 0965-0660 ISSN 0965-0660

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 4-6. ISSN 1743-5501 ISSN 1743-5501

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 12-15. ISSN 1743-5501 ISSN 1743-5501

() . Landlord and Tenant Review. Sweet and Maxwell. pp. 103-106. ISSN 1365-8018 ISSN 1365-8018

() . Family Law Journal. Legalease Publishers Limited. pp. 19-21. ISSN 1472-4944 ISSN 1472-4944

() . Property Law Journal. Legalease Ltd. pp. 15-17. ISSN 1461-0752 ISSN 1461-0752

and () . Conveyancer and Property Lawyer. Sweet and Maxwell. pp. 116-131.

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 79-83. ISSN 1365-8018 ISSN 1365-8018

() . Family Law. Jordan Publishing Limited. pp. 1238-1241. ISSN 0014-7281 ISSN 0014-7281

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 184-188. ISSN 1365-8018 ISSN 1365-8018

() . Solicitors Journal. ARK Publishing. ISSN 0038-1047 ISSN 0038-1047

() . Property Law Journal. Legalease Ltd. pp. 22-25. ISSN 1461-0752 ISSN 1461-0752

() . Family Law Journal. Legalease Publishers Limited. pp. 16-18. ISSN 1472-4944 ISSN 1472-4944

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 4-6. ISSN 1743-5501 ISSN 1743-5501

() . Estates Gazette. Estates Gazette. pp. 57. ISSN 0014-1240 ISSN 0014-1240

() . Landlord & Tenant Review. Sweet & Maxwell. pp. 146-149. ISSN 1365-8018 ISSN 1365-8018

() . Trusts & Trustees. Oxford University Press. pp. 892-897. ISSN 1363-1780 ISSN 1363-1780

() . Solicitors Journal. ARK Conferences Ltd.. pp. 32-34. ISSN 0038-1047 ISSN 0038-1047

() . Trusts & Trustees. Oxford University Press. pp. 377-383. ISSN 1363-1780 ISSN 1363-1780

() . Property Law Journal. Legalease Ltd.. pp. 26-28. ISSN 1461-0752 ISSN 1461-0752

() . Trusts and Estates Law & Tax Journal. Legalease Publishers Limited. pp. 8-10. ISSN 1743-5501 ISSN 1743-5501

() . Family Law. Jordan Publishing Limited. pp. 189-193. ISSN 0014-7281 ISSN 0014-7281

and () . NIBLeJ (Nottingham Insolvency and Business Law e-Journal). Nottingham Law School. pp. 517-536.

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 81-83. ISSN 1365-8018 ISSN 1365-8018

and () . Nottingham Law Journal. Nottingham Law School, Nottingham Trent University. pp. 1-15. ISSN 0965-0660 ISSN 0965-0660

and () . Trusts and Estates Law & Tax Journal. legalease Ltd. pp. 4-7.

() . Property Law Journal. Legalease Ltd. pp. 11-13. ISSN 1461-0752 ISSN 1461-0752

() . Property Law Journal. Legalease Ltd. pp. 19-21. ISSN 1461-0752 ISSN 1461-0752

() . Family Law. Jordan Publishing Limited. pp. 294-297. ISSN 0014-7281 ISSN 0014-7281

() . Family Law. Jordan Publishing Limited. pp. 175-178. ISSN 0014-7281 ISSN 0014-7281

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 37-43. ISSN 1365-8018 ISSN 1365-8018

() . Nottingham Law Journal. Nottingham Law School, Nottingham Trent University. pp. 129-136. ISSN 0965-0660 ISSN 0965-0660

() . Landlord and Tenant Review. Thomson Reuters (Legal) Limited. pp. 79-83. ISSN 1365-8018 ISSN 1365-8018

() . Trust Law International. Bloomsbury Publishing Plc. pp. 3-15. ISSN 0962-2624 ISSN 0962-2624

and () . Trust Law International. Bloomsbury Publishing Plc.. pp. 18-26. ISSN 0962-2624 ISSN 0962-2624

and () . Landlord & Tenant Review. Sweet and Maxwell. ISSN 1365-8018 ISSN 1365-8018

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