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Cases Michael Pryor

Mohammed Ali Pourghazi (Claimant) v Shahrokh Kamyab & 6 Ors (Defendants & Respondents) & (1) HSBC Private Bank Ltd (2) Investec Bank (Channel Islands) Ltd (Third Parties) (2019)

Judgment Date: 22 May 2019

A bank's application to bring a claim for marshalling, which it had subsequently assigned to a different party, had not been included within the terms of a settlement agreement and a master had been entitled to dismiss the application and award the respondents their costs of the application.

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Nison David Kiwak v (1) Chaim Reiner (2) CHMR Developments Ltd (2017)

Judgment Date: 29 Nov 2017

The court rejected a claim that a Rabbi living in Jerusalem had entered into a partnership with a property developer in relation to a London development.

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82 Portland Place (Freehold) Ltd v Howard De Walden Estates Ltd (2014)

Judgment Date: 08 Sep 2014

In a collective enfranchisement, no rule of law prohibited a valuation approach incorporating a "purchaser's margin", namely the difference between the amount a purchaser would pay for the freehold of the building with vacant possession of the short leasehold flats and the aggregate value of those flats if sold individually. The factors accounting for such a margin were already accounted for in the deferment rate required for central London valuations in Earl Cadogan v Sportelli [2007] 1 E.G.L.R. 153, although in exceptional cases the application of Sportelli could be loosened and a purchaser's margin applied.

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Members
Michael Pryor

Practice areas
Real Estate

Deutsche Bank Suisse SA v Khan & Ors (2013)

Judgment Date: 26 Jul 2013

The court discharged an order restoring possession of properties to their mortgagors pending their appeal against the refusal of their application for postponement of a possession order, where the original order had been made without the mortgagors providing full and frank disclosure.

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Members
Michael Pryor

Practice areas
Real Estate

Deutsche Bank (Suisse) SA v Gulzar Ahmed Khan (2013)

Judgment Date: 25 Apr 2013

Where a bank sought its costs incurred in debt and possession proceedings against individual and corporate defendants, costs were awarded on a joint and several basis and an indemnity basis. The case was run was on the basis that effectively all the defendants were in it together and were presenting a common front, and the contract referred to an indemnity in respect of all costs.

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Deutsche Bank (Suisse) SA v Gulzar Ahmed Khan (2013)

Judgment Date: 13 Mar 2013

A bank's claim in debt under a facility agreement succeeded and it was entitled to possession of properties charged to secure the defendants' indebtedness under the facility. A no set-off clause in the facility excluded any counterclaims that the defendants might have had.

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Members
Michael Pryor

Practice areas
Commercial Disputes

Hortense Littlewood v David Radford (2009)

Judgment Date: 13 Oct 2009

A judge had erred in finding, contrary to both parties' submissions, that a surveyor had not been retained at the date an application should have been made by his client to the Leasehold Valuation Tribunal in accordance with the Leasehold Reform, Housing and Urban Development Act 1993.

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Andrew John Crooks v Newdigate Properties Ltd (Formerly UPUK Ltd) (2009)

Judgment Date: 02 Apr 2009

The liability of a judgment debtor under a judgment had been discharged in full by a payment made to the claimant by the other defendants pursuant to a consent order so that the judgment could not be enforced by another defendant as assignee.

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Risegold Ltd v Escala Ltd (2008)

Judgment Date: 28 Oct 2008

The redevelopment of a property constituted "rebuilding or renewal" within the meaning of a right of entry that accordingly permitted the property owner to enter the adjoining property for the purpose of carrying out the works.

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Members
Michael Pryor

Practice areas
Real Estate

Risegold Ltd v Escala Ltd (2008)

Judgment Date: 18 Jan 2008

It was a matter of fact and degree whether a proposed development came within the scope of a clause granting access for "rebuilding or renewal". Where comparison of a claimant's existing buildings with its proposed development demonstrated that the latter was not just a "rebuilding or renewal", and where there was abundant evidence in the clause that the claimant's right to enter the defendant's land for those purposes was intended to be strictly limited, the claimant was not entitled to access.

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Members
Michael Pryor

Practice areas
Real Estate

Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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Howard De Walden Estates Ltd v Maybury Court Freehold Co Ltd (2007)

Judgment Date: 25 Oct 2007

"Hope value" was not a permissible element in valuations under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 or Sch.13 and should not be included in the price payable for collective enfranchisement or lease extensions.

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Members
Michael Pryor

Practice areas
Real Estate

Ultimate Leisure Ltd & Anor v Tindle & Anor (2007)

Judgment Date: 25 Oct 2007

An obligation owed by a lessee to a potential buyer of the freehold property to surrender its leasehold interest prior to the property being sold was rendered void by the Landlord and Tenant Act 1954 s.38(1).

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Members
Michael Pryor

Practice areas
Commercial Disputes

Walbrook Trustees (IOM) Ltd & Ors v Liberty Centre Trustee No.1 Ltd & Ors (2007)

Judgment Date: 14 May 2007

The landlords of a shopping centre were granted an interim injunction, pending trial, restraining the tenants of retail premises from creating or maintaining displays in their shop front consisting of lingerie and sexual paraphernalia that might be regarded as indecent or offensive.

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In the matter of the estate of Winifred Victoria Edwards (2007)

Judgment Date: 03 May 2007

The last will of the deceased was made under undue influence where the deceased's son and sole beneficiary of the will had poisoned the deceased's mind against the beneficiaries of the original will by making untruthful accusations against them, causing the deceased to change her will in his favour.

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Elaine Barrington v Sloane Properties Ltd (2007)

Judgment Date: 02 Mar 2007

A leasehold valuation tribunal had been wrong to allow amounts claimed for building works to be certified by a landlord, even if the year of certification was different from the year in which they were claimed, and, consequently, service charges payable by a tenant had been incorrectly stated in the end-of-year accounts.

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Rowallan Group Ltd v Edgehill Portfolio No 1 Ltd (2007)

Judgment Date: 19 Jan 2007

The claimant had no real prospect of establishing its pleaded case claiming rectification of an agreement for the sale of its lease on the ground of unilateral mistake.

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Members
Michael Pryor

Practice areas
Real Estate

Kilmartin SCI (Hulton House) Ltd v Safeway Stores (2006)

Judgment Date: 27 Jan 2006

The area to be included in the calculation of the net internal area of a building, as defined in the RICS Code of Measuring Practice, was the area that was capable of use for any sensible purpose in connection with the purposes for which the building was to be used.

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