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Cases Andrew Walker

Webb Resolutions Ltd v JV Ltd (T/A Shepherd Chartered Surveyors) (2013)

Judgment Date: 15 Nov 2013

A property valuer's application for specific disclosure in a negligence action brought against it by a mortgagee was refused where the documents sought added nothing to its defence that the claim was champertous.

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Webb Resolutions Ltd v JV Ltd (T/A Shepherd Chartered Surveyors) (2013)

Judgment Date: 14 Mar 2013

If a party was charged with drawing up a court order it was the duty of its solicitors and counsel to produce a draft that fairly reflected what they thought that the judge had decided or directed. A defendant was entitled to its costs unnecessarily incurred as a result of unreasonable conduct by the claimant's solicitors in refusing to agree to the terms of an order in the form that had been directed at a case management conference.

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Members
Andrew Walker QC

Practice areas
Real Estate

Erik Holmes v Tracey Evans (2012)

Judgment Date: 11 Jul 2012

Both Andrew Walker QC and his instructing solicitors, Shelter Cymru, (neither of whom had been involved at any stage at first instance) agreed to act pro bono at the appeal hearing, following the withdrawal of legal aid. Davis LJ paid “tribute to the careful and attractive way in which Mr Walker presented his arguments (both written and oral).”

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Members
Andrew Walker QC

Practice areas
Real Estate

The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (2012)

Judgment Date: 21 Jun 2012

This claim was for declarations as to the meaning of a contract for the sale of development land as regards payments to be made out of a contractual retention towards environmental remediation works, and an alleged estoppel against the claimant seller.

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Dineshkumar Jeshang Shah v Chandrakant Jeshang Shah (2011)

Judgment Date: 26 Jul 2011

The court determined the valuations of assets held by a company in which a minority shareholder had been unfairly prejudiced so that the shareholder could realise the value of his shares.

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Anstruther v Vidas Properties Ltd (2010)

Judgment Date: 22 Dec 2010

Disrepair claim raising complex issues as to the assessment of the damages payable in relation to an underlease which had only a few months unexpired, including questions as to the correct approach to assessment, the proper approach to the valuation exercise, and the effect of outstanding leasehold enfranchisement claims.

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Members
Andrew Walker QC

Practice areas
Real Estate

Cadogan Square Properties Ltd v Earl Cadogan (2010)

Judgment Date: 03 Dec 2010

In determining the price to be paid by tenants exercising a right to collective enfranchisement involving leases for unexpired terms of below 20 years, it was appropriate to apply the Earl Cadogan v Sportelli (2007) 1 EGLR 153 formula as a starting point and then determine whether the position in the property cycle at the relevant valuation dates should lead a Lands Valuation Tribunal to change one or more of the components of the formula.

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Members
Andrew Walker QC

Practice areas
Real Estate

Earl Cadogan v Dimitris Panagopoulos (2010)

Judgment Date: 11 Nov 2010

The court found that a caretaker's flat in the basement of a building was included in the "common parts" of the building and was therefore liable to acquisition under the Leasehold Reform, Housing and Urban Development Act 1993 s.2(1)(b) as it amounted to a common facility for the benefit of the lessees.

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Members
Andrew Walker QC

Practice areas
Real Estate

31 Cadogan Square Freehold Ltd v Earl Cadogan (2010)

Judgment Date: 16 Sep 2010

These two conjoined appeals, heard over 7 days, concerned several complex issues relating to the price payable on collective enfranchisement for substantial properties in Cadogan Square.

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Members
Andrew Walker QC

Practice areas
Real Estate

Roger Marsh v (1) Simon Marsh (2) Time Critical International Ltd (2010)

Judgment Date: 25 Jun 2010

The evidence did not support a father's claim that he had been in partnership with his son in a courier business.

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Earl Cadogan v (1) Alexander Dimitris Nicholas Panagopoulos (2010)

Judgment Date: 15 Mar 2010

Where a freeholder of a property comprising separate apartments had granted a lease to a third party of the property's basement, which was used as a caretaker's flat, after a notice of a claim by tenants to exercise the right to collective enfranchisement had been registered, the lease was void, as it was contrary to the Leasehold Reform, Housing and Urban Development Act 1993 s.19(1)(a)(ii) because it was a lease of a common part which it was reasonably necessary for the tenants to have acquired.

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Members
Andrew Walker QC

Practice areas
Real Estate

Panagopoulos v Earl Cadogan (2010)

Judgment Date: 24 Feb 2010

This case raised issues as to jurisdiction and discretion under s.48 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord asserted that the tenant’s application under s.48 had been made too soon and that, no later application having been made, the tenant’s claim was deemed to have been withdrawn. In the alternative, the landlord sought an order under s.48(4) that the tenant’s claim should be deemed to have been withdrawn. The tenant disagreed, and various several further arguments in response, including an argument that the application was, in any event, made at the appropriate time.

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Members
Andrew Walker QC

Practice areas
Real Estate

Dineshkumar Shah v Chandrakant Shah (2010)

Judgment Date: 24 Feb 2010

Where a family company was a quasi-partnership with characteristics which, on principles of equity, engaged obligations that were common to partnership relations, it had been unjust or unfair to exclude a member from participation in its management without an offer to buy the minority shareholder's shares or make some other fair arrangement.

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Earl Cadogan v Faizapour (2010)

Judgment Date: 14 Jan 2010

This collective enfranchisement appeal concerned a very high value property in Cadogan Square, the purchase price of which was fixed by the Tribunal at around £17million. The appeal dealt largely with valuation issues.

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Members
Andrew Walker QC

Practice areas
Real Estate

Redstone Mortgages Plc v Welch & Jackson (2009)

Judgment Date: 23 Jun 2009

This was a mortgagee's claim for possession against its borrower, Ms Welch, of a property at 23 Ferndale Road, Shrewsbury. The claim against Ms Welch was not defended. The real substance of the action was the mortgagee's claim for possession against the occupiers, Mr and Mrs Jackson.

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Members
Andrew Walker QC

Practice areas
Real Estate

Earl Cadogan v Pitts : Earl Cadogan v Atlantic Telecasters (2008)

Judgment Date: 10 Dec 2008

In determining the price to be paid by the nominee purchaser exercising a right to collective enfranchisement, hope value attributable to the possibility of non-participating tenants wishing to obtain new leases of their flats in the open market could be taken into account under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 para.3.

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