Cases by Area of Law


Grimes v The Trustees of the Essex Farmers And Union Hunt

Barristers: Leslie Blohm QC & Christopher Jones

Date: 19 May 2017

Area of Law: Agriculture & Rural Affairs &  Property and Real Estate

View judgment here: Grimes v The Trustees of the Essex Farmers And Union Hunt [2017] EWCA Civ 361 

G v A Limited Company

Barrister: Natasha Dzameh
Area of Law: Property and Real Estate
Summary: Natasha, instructed by Lucy Mills at Gregg Latchams Limited, was successful in a rolled up hearing of her client’s application for permission to appeal and the appeal before His Honour Judge Denyer QC. This case concerned the liability of a non-resident tenant, who was also a director of the landlord management company, for service charges. The Service Charges (Consultation Requirements) (England) Regulations 2003 and section 20(3) of the Landlord and Tenant Act 1985 were of particular importance. Natasha argued that there had been an error of fact, an error of law and serious procedural irregularity. This case reminds landlords of the importance of complying with the relevant legislation and dealing with their claim in the appropriate forum. To read the full article please click here.

Robinson v Stothard

Barrister: John Dickinson
Area of Law: Property and Real Estate
Summary: John successfully acted in resisting an application for permission to appeal before HHJ McCahill QC in a boundary dispute case in Robinson v Stothard. The court, after hearing full argument, refused permission to appeal from the first instance case management decision to leave to the trial judge the issue of whether to admit into evidence matters relating to a mediation. The underlying claim is for specific performance of an alleged agreement concluded at a mediation to resolve a boundary dispute.

Read news article: John Dickinson successfully acts in resisting an application for permission to appeal before HHJ McCahill QC in boundary dispute case

Hoyl Group v Cromer Town Council

[2015] EWCA Civ 782

Barrister: Leslie Blohm QC
Area of Law: Property and Real Estate
Summary: Leslie and Catherine Collins of Iscoed Chambers Swansea appeared for the respondent, instructed by Douglas Jones & Mercer, Swansea.

View Court of Appeal judgment here: Hoyl Group v Cromer Town Council

N v J

Barrister: Adam Boyle
Area of Law:
Property and Real Estate
Summary: Over the course of 2014 and 2015 Adam advised in the case of N v J a complicated Landlord and Tenant matter which related to business tenancies granted pursuant to, and protected by, the 1954 Act. Adam acted for Mr N, a mesne landlord, who had inadvertently granted a protected tenancy to Mr J, in breach of the covenants within his own lease. After Mr N’s tenant stopped paying his rent, the decision was taken to terminate the accidental tenancy through the service of a section 25 notice. Mr N was ultimately, after the expiry of the notice and subsequent possession proceedings, granted both possession of the sublet land and his costs in the claim. The procedural minefield which the 1954 Act throws up had been successfully avoided.

Bradley v Heslin

[2014] EWHC 3267; [2014] All ER (D) 185 (Oct)

Barrister: Christopher Jones
Area of Law: Property and Real Estate
Summary: Christopher was instructed by Portland Legal Services to act on behalf of the defendants, in a three day trial before Mr Justice Norris sitting in the Chancery Division in Liverpool. This is a significant case as it confirmed that a right to hang a gate over land forming a driveway was capable of being an easement that accommodated the dominant tenement.

James & ors v Bron Afon Community Housing Ltd

LVT/0047/10/13)

Barrister: John Sharples
Area of Law: Property and Real Estate
Summary: John successfully acted for the tenants of Monmouth House, Cwmbran, Gwent in a dispute with their landlord, Bron Afon Community Housing, about service charges. Some tenants had received demands for over £27,800.

View article: John Sharples wins important service charge dispute against Bron Afon Community Housing Ltd

Peter and Christine Gregory v Donald and Marion Naysmith

HC 2OX90907, 9.2.2014 HHJ Harris QC

Barrister: John Dickinson
Area of Law: Property and Real Estate
Summary: John acted for the claimants in Peter and Christine Gregory v Donald and Marion Naysmith in their boundary dispute claim in the High Court Oxford District Registry. The trial was heard before His Honour Judge Harris QC, who recently handed down judgment for the claimants confirming their ownership of a patio area and former mill race leat.

To view news article click here

 

Line v Baker anor

Barrister: Guy Adams
Area of Law: Commercial Dispute Resolution, Property and Real Estate and Wills, Trusts and Probate
Summary: Guywas instructed by Stephens Scown Solicitors in the case of Line v Baker anor [2014] EWHC 1368 (Ch); [2014] All ER (D) 42 (May), a most unusual dispute over the ownership of a valuable property in Falmouth. This case was tried in the High Court in London, where Guy acted for the claimant, Miss Line. A variety of allegations had been made over many years by the defendants, who claimed that their father’s estate was not properly administered in the early 1960s. The claimant sought and has now obtained in a reserved judgment a negative declaration that the defendants have no beneficial interest whatsoever in relation to the property. The case was originally referred to the High Court by the Adjudicator to HM Land Registry because it raised matters of company law. Issues relating to the transfer of shares, tracing, limitation of actions, acquiescence, laches and abuse of process were canvassed at trial.

Destine v Muir

[2014] EWHC 4191 (Ch)

Barrister: Charles Auld
Area of Law: Property and Real Estate
Summary: An attempt by a borrower to avoid liability under a mortgage.  The Court decided that only the principal sum was repayable without any interest.

 


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