Property

Representative cases

• Statutory noise nuisance private prosecution (2018/19)

  Successfully defended private landowners in a landmark private prosecution by an aggrieved neighbour under the powers in section 82 of the Environmental Protection Act 1990 that occupied over 4 full weeks of court time.  It was alleged that game shooting on the Estate caused a statutory nuisance to the neighbouring property.  This high-profile litigation has attracted widespread media attention.

  Link to news item here

• Dr Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18

  Leading Supreme Court authority on the interpretation of leasehold covenants and the management of blocks of flats. Selected by both Estates Gazette and Property Week as one of their Top 10 cases of 2020.

• Elu v Floorweald [2020] EWHC 1222 (QB)

  A case concerning breaches of a landlord’s repair obligations with an associated appeal alleging that the judgment was procured by fraud. The appeal was successfully struck out as an abuse as the fraud issue had been litigated at trial.

• Downes v Downs [2019] EWHC 491 (Ch)

  Dispute between two brothers, formerly lifelong business partners, in relation to the beneficial ownership of three residential properties in Lincoln, culminating in a successful week-long trial in the Chancery Division.

• Punch Partnership (PTL) Limited and others v The Highwayman Hotel [2020] EWHC 714 (Ch)

  Acting for the Office of the Pub Code Adjudicator in an appeal against DPCA’s arbitration award (challenged under section 68 and 69 Arbitration Act 1996) which raised both significant principles of arbitration law and procedure as well as key issues under the Pubs Code, which regulates the relationship between Pub Owning Business landlords and Tied Pub Tenants.

• Whitgift One Limited & Whitgift Two Limited v Secretary of State for Communities and Local Government

  £5m+ Terminal dilapidations claim concerning landmark commercial premises.