Carly is a specialist Real Estate litigator and handles a broad range of commercial and residential property disputes. Her primary area of expertise is landlord and tenant matters.
Carly also specialises in the provision of litigation and dispute management services to the education sector and is a leading member of the team. Carly handles a wide range of student issues, including Equality Act 2010 claims, class actions and public law matters, including Judicial Review proceedings.
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Real Estate Litigation
Carly’s recent experience includes:
- acting for a College in the defence of a claim valued at £11 million for unjust enrichment
- Partakis-Stevens and another -v- Sihan and others [2022] EWHC 3249 (TCC) –defending the Third and Fourth Defendants / Part 20 Claimants in respect of a claim by the Claimants arising out of nuisance and successfully pursuing an additional claim against the First and Second Defendants (a developer/seller) for damages for fraudulent misrepresentation and breach of contract
- acting for Care Home operator in respect of a boundary dispute with its neighbouring landowner, including pursuing an application for an interim injunction, relating to the neighbouring landowner’s development plans for the site. The matter involves technical land registration issues
- acting for a Local Authority to recover possession of circa 1,100 acres of land from its tenant following the termination of a lease with a developer. The tenant disputes the Councils’ ability to terminate the lease on the basis that the break clause which it has exercised (which is linked to the non-performance of certain planning obligations under the lease) is in fact a forfeiture clause and not a contractual break right
- acting for a national Hotel group in the Defence of a claim by their landlord for injunctive relief and / or damages for an alleged breach of the terms of their lease due to changing the use of the property from a hotel to accommodation for asylum seekers
Education Dispute Resolution
Carly’s recent experience includes:
- advising and acting for several universities in respect of threatened group claims from students seeking damages arising from disruption to their courses due to the Covid-19 pandemic and industrial action
- acting for numerous institutions in respect of Judicial Review challenges brought on behalf of current and former students, most commonly in relation to exclusion decisions
- acting for various colleges and universities in respect of breach of contract claims and claims under the Equality Act 2010
- advising upon and assisting with responses to internal complaints and OIA complaints
- acting for various universities in order to recover possession of residential property let to staff members / students
- advising universities upon the terms of their student accommodation contracts
Real Estate Litigation
- Carly has been ranked as a ‘Leading Associate’ in the Legal 500 since 2024 and noted as managing a broad range of commercial property disputes, including landlord and tenant matters
- She is also remarked as being "very approachable and giv[ing] sensible, commercial advice" (Legal 500, 2024) and "efficient and very bright, very approachable and sensible" (Legal 500, 2025)
- Carly was also previously recognised as a 'rising star' in the 2023 edition of Legal 500 and remarked as working "exceptionally hard to ensure that every case is run impeccably".
Education
- Carly has been noted as a key lawyer in the 2025 edition of the Legal 500 for her litigation work in the education sector, including Equity Act-related matters.
What have Carly’s clients said about her?
‘Carly Fishwick’s no-nonsense and straight talking approach is welcome. Carly is great at cutting through the noise and discussing what is really important to us as clients in a way that engages and is easily understood’
“I cannot complete this section without referring to Carly Fishwick, a joy to work with and always on the button.”
- LLB (Hons) Law 2009 – 2012 – First class