Cases


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Schillings International LLP v Scott [2019] EWHC 1335 (Ch)

Area of Law: Commercial Litigation

James Mather, instructed by Cooke, Young & Keidan’s Sinead O’Callaghan, successfully obtained the dismissal of an injunction application brought by Schillings against a former partner of the firm and an indemnity costs order against Schillings, which was ordered to pay the full amount of the respondent’s costs on summary assessment.  The Judge held that the application was in breach of a binding arbitration clause and reaffirmed the principle that costs will be awarded on the indemnity basis against a party who brings court proceedings in breach of an arbitration agreement.  Schillings was represented by Jeremy Callman, instructed by Fox Williams.

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Roberts v Swangrove Estates Ltd and others [2008] Ch 439

Area of Law: Property

Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession. Upheld on appeal.

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Scribes West Ltd v. Relsa Anstalt & anor (No.3) [2005] 1 WLR 1847

Area of Law: Property

The Court of Appeal considered the interpretation of s.141(2) of the Law of Property Act 1925 and held that an equitable assignee of the right to receive rent was entitled to forfeit a lease, notwithstanding that it had not been registered as freehold reversioner.

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Regan v Paul Properties Ltd and others [2006] ALL ER (D) 327

Area of Law: Property

Regan v Paul Properties & Ors [2006] (Court of Appeal) (Injunction to restrain interference with rights of light).

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HXRUK II (CHC) Ltd v Heaney [2010] 3 EGLR 15

Area of Law: Property

HXRUK II (CHC) Ltd v Heaney (Re Cloth Hall Court) [2010] (High Court, Leeds) (Injunction and damages for interference with rights of light).

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Scottish & Newcastle plc v Raguz [2008] 1 W.L.R. 2494

Area of Law: Property

Whether valid notice served pursuant to section 17 of the Landlord & Tenant (Covenants) Act 1995 and whether the original tenant’s financial support for the occupying tenant disentitled it from relying on the covenant of indemnity implied by section 24 of the Land Registration Act 1925. Christopher Stoner QC acted for the Respondents (Instructed by Eversheds LLP).

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Thomas Pocklington Trust v Aikman & Ors [2018] UKUT 256 (LC)

Andrew Francis instructed on a successful application under s. 84(1) Law of Property Act 1925 in Upper Tribunal (Lands Chamber) to modify covenants over land at Northwood to enable development for flats on cleared site.

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Habberfield v Habberfield [2019] EWCA Civ 890

Area of Law: Property

Judgment was handed down on Thursday 23rd May 2019 after the judge ruled in favour of the Respondent, Lucy Habberfield, in an inheritance dispute. The court heard that Lucy Habberfield had been promised that the family dairy farm would be bequeathed to her by her late father. However, following a fight with her sister, Sarah, Lucy left the family home and subsequently brought a legal claim for the farm she was promised. 

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Mardan v Lowe [2019]

Area of Law: Property

Thomas Braithwaite instructed on a case involving the rescriptive rights of way and possessory title to unregistered land.

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