Cases by Area of Law


In the matter of an application by the University of Chester [2016] UKUT 457 (LC)

[2016] UKUT 457 (LC)

Barrister: Alex Troup
Area of Law: Property & Real Estate
Summary: Application to modify restrictive covenants so as to permit the construction of a new community rowing facility on the bank of the River Dee in Chester.

Habberfield v Habberfield

Barrister: Leslie Blohm QC
Area of Law: Agriculture & Rural AffairsProperty and Real Estate and Wills, Trusts & Tax 
Summary: Leslie was instructed by Stephens Scown LLP, who represented Lucy Habberfield in her claim in the Chancery Division in Bristol against her mother for a share of her mother and father’s farm, relying on many promises said to have been made to her whilst she worked on the farm for low wages and for long hours.  After a five day trial, Mr. Justice Birss has awarded Ms. Habberfield a lump sum of £1,170,000 in respect of her claim.

View Court of Appeal judgment here: Habberfield v Habberfield [2018] EWHC 317 (Ch)

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

 


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