Mark Pawlowski

Mark Pawlowski LLB, BCL, MA Status, ACIArb

Professor

Key details

Mark Pawlowski
LLB, BCL, MA Status, ACIArb

Professor


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.

Recognition

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

Research / Scholarly interests

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.

Key funded 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.

Recent publications

Article

Pawlowski, Mark and , Brown, James (2020), Sale of land and personal property: The purchaser as beneficial owner?, Bloomsbury Publishing Plc. In: , , , . Bloomsbury Publishing Plc, Trust Law International pp. 63-73 ISSN: 0962-2624 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), Reasonable doubt and the movies, New Law Journal. In: , , , . New Law Journal, New Law Journal pp. 22 ISSN: 0306-6479 (Print), 2046-2239 (Online) (doi: https://www.newlawjournal.co.uk/content/reasonable-doubt-the-movies) Published.

Pawlowski, Mark and , (2020), Forfeiture and motor manslaughter, Waterlow Legal and Regulatory. In: , , , . Waterlow Legal and Regulatory, Solicitors Journal ISSN: 0038-1047 (Print), (doi: https://www.solicitorsjournal.com/sjarticle/Forfeiture%20and%20motor%20manslaughter) Published.

Pawlowski, Mark and , (2020), Damages for the cost of commercial surrogacy abroad, Jordan Publishing Limited. In: , , , . Jordan Publishing Limited, Family Law pp. 779-783 ISSN: 0014-7281 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), TOLATA 1996: A holistic approach, Legalease Publishers Limited. In: , , , . Legalease Publishers Limited, Family Law Journal pp. 1-4 ISSN: 1472-4944 (Print), (doi: https://www.lawjournals.co.uk/family-law-journal/tolata-1996-a-holistic-approach/) Published.

Pawlowski, Mark and , (2020), Landlord's knowledge of breach - waiver of forfeiture, Sweet and Maxwell. In: , , , . Sweet and Maxwell, Landlord and Tenant Review pp. 100-104 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), The problem of unovereached beneficial interests, Estates Gazette. In: , , , . Estates Gazette, Estates Gazette pp. 32-33 ISSN: 0014-1240 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), Leases - why the formality of a deed?, Sweet & Maxwell. In: , , , . Sweet & Maxwell, Landlord and Tenant Review pp. 72-74 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), Squatting in residential buildings and adverse possession, Sweet & Maxwell. In: , , , . Sweet & Maxwell, Landlord and Tenant Review pp. 46-49 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2020), Law stories: Practical jokers beware, LexisNexis. In: , , , . LexisNexis, New Law Journal pp. 22 ISSN: 0306-6479 (Print), 2046-2239 (Online) (doi: https://www.newlawjournal.co.uk/content/law-stories-practical-jokers-beware) Published.

Pawlowski, Mark and , (2020), Lost or abandoned objects: finders keepers?, Legalease. In: , , , . Legalease, Property Law Journal pp. 14-17 ISSN: 1461-0752 (Print), (doi: https://www.lawjournals.co.uk/property-law-journal/lost-or-abandoned-objects-finders-keepers/) Published.

Pawlowski, Mark and , (2020), Testamentary trusts and capricious testators, Oxford University Press. In: , , , . Oxford University Press, Trusts and Trustees pp. 222-226 ISSN: 1363-1780 (Print), 1752-2110 (Online) (doi: https://doi.org/10.1093/tandt/ttaa004) Published NB Item availability restricted.

Pawlowski, Mark and , (2019), It's a wonderful life!, New Law Journal. In: , , , . New Law Journal, New Law Journal pp. 26 ISSN: 0306-6479 (Print), 2046-2239 (Online) (doi: https://www.newlawjournal.co.uk/content/it-s-a-wonderful-life!) Published.

Pawlowski, Mark and , Brown, James (2019), Landlord’s choice of remedies on tenant abandonment – Time for a rethink?, Sweet and Maxwell. In: , , , . Sweet and Maxwell, Conveyancer and Property Lawyer pp. 355-370 0010-8200 (Online) (doi: ) Published NB Item availability restricted.

Pawlowski, Mark and , (2019), English commorientes and joint tenancies - A fresh look at section 184 of the Law of Property Act 1925, Bloomsbury Professional. In: , , , . Bloomsbury Professional, Trust Law International pp. 113-122 ISSN: 0962-2624 (Print), (doi: ) Published NB Item availability restricted.

Pawlowski, Mark and , (2019), Landlord's liability as occupier to trespassers, Thomson Reuters (Legal) Limited. In: , , , . Thomson Reuters (Legal) Limited, Landlord and Tenant Review pp. 174-178 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2019), Sale and leaseback - estoppel, Thomson Reuters (Legal) Limited. In: , , , . Thomson Reuters (Legal) Limited, Landlord and Tenant Review pp. 197-200 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2019), Fair shares in the family home?, Legalease Ltd. In: , , , . Legalease Ltd, Property Law Journal pp. 18-21 ISSN: 1461-0752 (Print), (doi: https://www.lawjournals.co.uk/property-law-journal/cohabitation-fair-shares-in-the-family-home/) Published.

Pawlowski, Mark and , (2019), Judges as wizards - the making of legal magic, New Law Journal. In: , , , . New Law Journal, New Law Journal pp. 22 ISSN: 0306-6479 (Print), 2046-2239 (Online) (doi: https://www.newlawjournal.co.uk/content/judges-as-wizards-the-making-of-legal-magic) Published.

Pawlowski, Mark and , (2019), Trusts: who owns what?, Legalease Publishers Limited. In: , , , . Legalease Publishers Limited, Trusts and Estates Law & Tax Journal pp. 4-7 ISSN: 1743-5501 (Print), (doi: https://www.lawjournals.co.uk/trusts-estates-law-and-tax-journal/trusts-who-owns-what/#more-28313) Published.

Pawlowski, Mark and , (2019), You can't handle the truth!, New Law Journal. In: , , , . New Law Journal, New Law Journal ISSN: 0306-6479 (Print), 2046-2239 (Online) (doi: https://www.newlawjournal.co.uk/content/you-can-t-handle-the-truth!) Published.

Pawlowski, Mark and , (2019), Landlord's entry onto premises on notice, Thomson Reuters. In: , , , . Thomson Reuters, Landlord and Tenant Review pp. 146-148 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2019), Section 146 notice and right of re-entry, Thomson Reuters. In: , , , . Thomson Reuters, Landlord and Tenant Review pp. 144-146 ISSN: 1365-8018 (Print), (doi: ) Published.

Pawlowski, Mark and , (2019), Air Presumptive, Estates Gazette. In: , , , . Estates Gazette, Estates Gazette pp. 66-67 ISSN: 0014-1240 (Print), (doi: ) Published.

Pawlowski, Mark and , (2019), TOLATA 1996: Competing Priorities, Legalease Publishers Limited. In: , , , . Legalease Publishers Limited, Family Law Journal pp. 15-17 ISSN: 1472-4944 (Print), (doi: https://www.lawjournals.co.uk/family-law-journal/tolata-1996-competing-priorities/) Published.