Property litigation experience includes the following recent and or otherwise notable matters:
Advising in the context of a proposed land redevelopment on the status of an occupier of business premises; particularly, whether the occupier had security of tenure under Part II, Landlord and Tenant Act 1954.
A Chancery Division arbitration appeal arising out of a commercial landlord and tenant service charges arbitration, challenging the arbitrator’s substantive jurisdiction to make an award. Ground Rent Trading Ltd v Treasure Services Ltd (Lawtel, Ch D, 21/10/14).
Acting in a claim for a mandatory injunction, where a lessor of a substantial high class building was alleged to have breached health and safety covenants.
A trial of rights to light claims, where the claim sought a mandatory injunction requiring a built structure to be pulled down.
A claim for relief from forfeiture, on the basis that a deed of surrender was obtained under economic duress and possession was unlawfully obtained; the litigation included an application for an interim injunction to prohibit peaceable re-entry until final order.
Trial in the Chancery Division and then an appeal to the Court of Appeal in a dispute concerning whether a land option agreement was of no effect because it was obtained as a result of undue influence. Macklin v Dowsett [2004] EWCA Civ 904, [2004] 2 EGLR 75.
A trial and then an appeal to the Court of Appeal concerning whether a sub-tenancy could be granted under the Rent Act 1977 without the knowledge of the landlord and after the tenant has abandoned its own tenancy of the premises. Moreland Properties (UK) Ltd v Dhokia [2003] EWCA Civ 1639, [2004] L & TR 20.
Local government law and administrative law experience includes the following recent and or otherwise notable matters:
Judicial review claim under Part 8 (High Hedges), Anti-Social Behaviour Act 2003. An error of law challenge to a quasi-judicial decision that a row of trees positioned on the edge of woodland in a public park was not a distinct row of trees and thus could not amount to a “high hedge” in law. R (oao Castelli) v Merton LBC [2013] EWHC 602 (Admin).
Second homelessness appeal in the Court of Appeal concerning whether a challenge to a local authority’s decision as to suitability could be raised for the first time after a statutory review of the suitability decision has been carried out. Abed v City of Westminster [2011] EWCA Civ 1406.
A judicial review claim as to whether a policy issued by a local authority, aimed at limiting the provision of accommodation to staff of housing management organisation who acted as its managerial agents, as regards existing and prospective employees of such organisations, constituted unlawful discrimination under the Sex Discrimination Act 1975. Odhams Walk Residents Management Ltd v City of Westminster [2009] EWHC 1712 (Admin).