D v H


Area of law:

Adam Boyle

1 March 2018

In this case Adam acted for the defendants in a property dispute arising from the breakdown of a housing project commenced by two couples. Various companies were set up for the purpose of purchasing and developing relevant land and, at the point of Adam’s introduction to the case, there were already three sets of extant proceedings in respect of the failed project. Both couples were, among other things, attempting to restrict the other’s use of (and ability to sell) the land to which they had paper title, but which was arguably part of a wider agreement.

The issues all came to a head when an urgent application was made to the High Court for an order that would have superseded the ongoing proceedings in the First Tier Tribunal (referred from the Land Registry). One of the main issues was whether the High Court had the inherent jurisdiction to make the order sought; another was whether the procedure adopted by the claimants had prejudiced the defendants. The defendants obtained an important adjournment at the first application hearing, and the matter subsequently settled out of court.