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Area of Law: Property
Jonathan Upton has successfully obtained an access order under the Access to Neighbouring Land Act 1992. The developer requires access over the adjacent land to demolish and rebuild part of an external elevation for the purposes of redeveloping of a derelict textile mill into a block of luxury flats.
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Jonathan Upton has successfully resisted an application to set aside the whole of a final order modifying covenants in a lease of a public house.
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Amy Proferes acted for the successful respondents in Dyer v Webb [2023] EWHC 1917 (KB). Perhaps unusually for a neighbour dispute, the case (as noted by Dexter Dias KC in his judgment) "raises important questions about the nature, extent and limitations of certain of our fundamental freedoms under the law." The judgment confirms that objecting to planning applications, and discussing those applications with others, are rights protected under the Human Rights Act 1998.
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Judgment has been handed down by Mr Justice Adam Johnson after a trial over three weeks this summer in the Chancery Division of the High Court. The Foundation’s claims had been struck out in 2018, but then restored by the High Court in [2019] EWHC 274 (Ch) in a ruling upheld by the Court of Appeal in [2020] EWCA Civ 32; [2020] 1 WLR 1627; [2020] 2 All ER 965.
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Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the successful claimants in Mohammed v Daji [2023] EWHC 2761 (Ch). The successful claim was to establish that a very substantial site at Abbey Mills in East London is held by the claimants on a charitable trust associated with a particular Sunni Muslim community in the London region. The judgment of HHJ Cadwallader, sitting as a Chancery Judge, is of significance for trusts and charities lawyers. In particular, the judgment sets out and applies the law relating to trusts established by charity appeals to a complicated factual history, and further develops the principle of delegated authority to declare charitable trusts in Attorney-General v Mathieson [1907] 2 Ch 383.
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The High Court (Richards J) has handed down its second judgment in Prescott Place Freeholders Limited v Batin & Donovan [2023] EWHC 1445 (Ch), in which Michael Walsh acted for the successful Claimants. This judgment deals with the consequential matters arising from the findings of fact at trial (see [2023] EHWC 435) (the “Trial Judgment”).
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Mr Justice Richards' judgment in Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435 is essential reading for those interested in tenants’ rights of first refusal under the Landlord and Tenant Act 1987. Michael Walsh acted for the successful Claimants.
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In Healey v Fraine & Others [2023] EWCA Civ 549, the Court of Appeal has decided that Parliament did not intend to change the law of adverse possession in the Land Registration Act 2002 so that occupiers of land could be in possession with the consent of the owner and also be in adverse possession at the same time for the purposes of paragraph 5 of schedule 6 of the Act. The Court decided that the meaning of adverse possession had not changed.
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Amy Proferes acts for the First and Second Defendants in Toner v Telford Homes & Ors, a claim regarding a flat purchased off-plan. The claimant seeks rescission, damages and other remedies against 6 defendants including the developer, the property manager and the current freeholder, on the basis of misrepresentation, breach of contract, fraud, negligence and harassment. The case raises questions which will be of importance to developers selling properties off plan as to representations made in sales models and brochures, as well as how (and whether) developers can protect themselves from such claims by means of disclaimers and/or contractual terms. Judgment is currently awaited on applications by the First to Fourth Defendants seeking summary judgment and/or strike out of the claim.
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Thomas Braithwaite, acting for the Crown Estate Commissioners, successfully defeated an adverse claim to part of the North Norfolk coast. The case addressed the principles of accretion and avulsion, and the presumption of Crown ownership of the foreshore (Bett & Gethin v Crown Estate (FTT, REF/2017/0591)).
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In Kelleher v Castlebourne Homes (Rock) Ltd [2020] (High Court, Bodmin District Registry) Andrew Bruce represented the Defendant developers in a dispute about the width of a strip of land and easement at a site in Trebetherick, Cornwall. The trial took place over a week entirely remotely in Summer 2020 and involved detailed consideration of historic conveyances, numerous plans and various aerial photographs, together with contested expert surveying evidence. HHJ Carr’s judgment paid tribute to the quality of the submissions.
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In Wickers v Humbles, Philip Jones QC and Gregor Hogan continue to act for the directors of a property development company in a dispute arising from the impact of the global financial crisis on a super-prime property development in London. The case is expected to proceed to a six-week trial in the Isle of Man in late 2021 or 2022.
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Jonathan Fowles acted for the successful claimant in a claim to enforce a testamentary option. The case involved arguments about the construction of a will and whether in the circumstances all executors needed to be individually served with the relevant option notice. The case is also notable for its approach to an award of statutory interest.
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Christopher Stoner QC appeared in Horsford v Horsford, a 10-day Chancery Division trial, acting for a son who had been sued by his mother for £2.5m for her share in the family farming partnership. The son counterclaimed on the grounds of proprietary estoppel alleging he had given his life over to the farm following a lifetime of assurances it would one day be his.
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Lance Ashworth QC and Jamie Randall are representing the Defendants in Wright v Hill & Impact Property Development, a property development dispute concerning development sites in Rickmansworth worth up to £25 million. The Claimants are represented by James Mather.
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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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Kathryn Purkis advised in the Jersey case of Mackie v Scott [2018] JRC 102A in which it was confirmed for the first time under Jersey law that (alleged) misrepresentations in precontractual enquiries are not forgiven by the so-called "tout tel" clause in a Jersey conveyance.
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In Lamble v Buttaci [2018] UKUT 175 (LC) Andrew Francis successfully relied upon s. 84(1) LPA 1925 to modify restrictive covenants over land in Surrey Green Belt to allow a new house and garage. Where a covenant is qualified by consent requirement there is no need to seek declaration of the Court on whether consent refused unreasonably. The decision contains warnings about the effect of the conduct of the objectors' solicitor on costs recovery by his client.
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Rupert Reed QC acted in Aurora Developments Ltd v Delta Holdings Ltd [2018] EWHC 1047 (Ch); [2018] EWHC 1836 (Ch) in obtaining summary judgment, after a three-day hearing, on complex fraud and commercial claims brought by two syndicates of European investors against the promoters of the North Kensington Gate development valued at £70m. The project can now proceed with the creation of over 200 new homes in the regeneration of Old Oak.
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Decision by Court of Appeal as to the correct approach to the consultation requirements contained within the Landlord & Tenant Act 1985 and accompanying Regulations in respect of the recovery of service charges for qualifying works. Also important issues relating to the interpretation of a management charge clause. Christopher Stoner QC acted for the Lessees (instructed by Fursdon Knapper).
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An important decision which, in upholding an aspect of the decision of Hildyard J, determined for the first time that a riparian owner cannot moor a vessel alongside his riparian land simply by virtue of riparian ownership of the river bank. Also concerned the construction and application of the British Waterways Acts. Christopher Stoner QC acted for the Defendant (instructed by Shoosmiths)
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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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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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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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