This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Cases John McGhee

Hicks v 89 Holland Park Management Limited [2021] EWHC 930 (Comm)

Judgment Date: 29 Apr 2021

John McGhee QC and James Hanham acted for the successful Covenantee and were instructed by Clive Chalkley and Charlotte Weeks of Gowling WLG.

View case

EMI v Prudential (2020)

Judgment Date: 31 Jul 2020

John McGhee QC and Maxim Cardew successfully appear for Prudential (the landlord) in a claim brought by EMI (the guarantor) in relation to a lease of valuable commercial premises on Oxford Street formerly occupied by HMV. Maxim also analyses the decision in an article, which can be found here.

View case

89 Holland Park Management Ltd v Sophie Louise Hicks (2020)

Judgment Date: 16 Jun 2020

A company with the benefit of a restrictive covenant was entitled to refuse consent to development of a neighbouring plot on aesthetic grounds. Company shareholders, who were leaseholders of flats in the property of which the company was the freeholder, were also entitled to enforce the covenant.

View case

Wirsol Energy Ltd v Toucan Energy Holdings Ltd (2018)

Judgment Date: 06 Dec 2018

A claimant was entitled to its costs leading up to the withdrawal of its summary judgment application as it had been reasonable to make the application on the basis of the original three grounds of defence. Costs that accrued following abandonment of those defences and the raising of a new defence, and the consequent withdrawal of the application, were reserved.

View case

Generator Developments Ltd v Lidl UK GmbH (2018)

Judgment Date: 08 Mar 2018

The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did not have an interest in the land under Pallant v Morgan principles when the supermarket had purchased it before the joint venture was finalised.

View case

Metropolitan Housing Trust Ltd V RMC FH Co Ltd (2017)

Judgment Date: 24 Oct 2017

The release by the headlessee of a property to the developers of an adjoining site of the right of light appurtenant to the headlease would amount to an encroachment on or against the demised premises in breach of the terms of the headlease.

View case

Members
John McGhee QC

Practice areas
Real Estate

Burrows Investments Ltd v Ward Homes Ltd (2017)

Judgment Date: 20 Oct 2017

Where a sale agreement governing the sale of land for residential development restricted the manner in which the developer could dispose of the completed residential units with a view to protecting the seller's right to overage, the subsequent sale of five properties to a registered social housing provider as affordable housing was not within the definition of "the transfer ... of land ... for ... other social/community purposes". Properly construed, in its context and in accordance with the ejusdem generis rule, a "transfer of land" could not include the transfer of a completed dwelling.

View case

Members
John McGhee QC

Practice areas
Real Estate

CitizenM v Chil (2016)

Judgment Date: 21 Jul 2016

In relation to a joint venture concerning a hotel development, the court ruled on the validity of a notice purporting to waive certain conditions relating to the funding of the development and the obtaining of consents and approvals.

View case

Members
John McGhee QC

Practice areas
Real Estate

Canary Wharf Finance II plc v Deutsche Trustee Company Limited (2016)

Judgment Date: 28 Jan 2016

Where the terms relating to the issue of mortgage-backed debentures gave the borrower an option to release a secured property in return for a prepayment of the debenture out of the sale proceeds, that prepayment was not a "mandatory repayment". As a matter of language and on the basis of commercial sense, it was a voluntary prepayment which properly gave rise to a Spens payment.

View case

Members
John McGhee QC

Practice areas
Real Estate

Chelsfield Advisers LLP v Qatari Diar Real Estate Investment Co (2015)

Judgment Date: 15 May 2015

An agreement to enter into a management agreement for a property development did not contain an implied term that it would only continue in existence for so long as a relationship of mutual trust and confidence subsisted between the parties. There was no authority supporting the implication of such a term in that class of contract.

View case

Members
John McGhee QC

Practice areas
Commercial Disputes

UK Leasing Brighton Ltd & Ors v Topland Neptune Ltd & Ors (2015)

Judgment Date: 16 Jan 2015

Where a lease had been assigned by a tenant in breach of covenant, a re-assignment of the lease back to the original tenant, together with the guarantor of the original tenant's obligations giving a fresh guarantee, would not be invalidated by the Landlord and Tenant (Covenants) Act 1995 s.25 as having the effect of frustrating the operation of the Act.

View case

Members
John McGhee QC

Practice areas
Real Estate

Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014) (CoA)

Judgment Date: 05 Sep 2014

A judge's construction of a clause in a lease agreement which would have required an assigning tenant not merely to procure a new guarantee but also a new guarantor was incorrect. The judge was correct to regard the whole of the proviso in the clause as being avoided by the Landlord and Tenant (Covenants) Act 1995 s.25(1).

View case

Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014)

Judgment Date: 29 Jul 2014

The claimant freeholders were granted summary judgment on their claim that the defendant lessees had breached lease agreements by assigning the leases to subsidiary companies without the freeholder's consent.

View case

Pillar Denton Ltd v GAME Retail Ltd (2014)

Judgment Date: 24 Feb 2014

Where property leased by a company in administration was retained by the administrator for the benefit of the administration, under the salvage principle the administrator had to pay the rent during the period for which he retained the property. The rent was treated as accruing from day to day and was payable as an expense of the administration.

View case

Adams & Ors v Allen & Overy & Ors (2013)

Judgment Date: 11 Jul 2013

A master had erred in not considering the practical effect of his refusal of permission to parties seeking to rely on a new expert where the initial expert had expressed an unwillingness to continue. The fact that that expert was no longer willing to act, and that one side would be without any effective expert evidence were the master's order to stand, was sufficient to grant permission to rely on a new expert.

View case

In The Matter of Games Station Ltd & Ors (2013)

Judgment Date: 01 Jul 2013

On an application by administrators for directions the court gave permission to appeal to the Court of Appeal on the issue of the extent to which rent and service charges falling due both before and after the appointment of administrators were to be treated as expenses of the administration.

View case

Members
John McGhee QC

Practice areas
Real Estate

HFI Farnborough LLP & Ors v Park Garage Group PLC & Ors (2012)

Judgment Date: 13 Dec 2012

A deed of variation which was designed to incorporate the terms of an overage agreement into a lease was not intended to vary a break clause in the lease by making its exercise dependent on a valuation of the property in question rather than a sale. Even if the deed of variation did have that effect, it was contrary to the common intention of the parties and ought to be rectified.

View case

Members
John McGhee QC

Practice areas
Real Estate

Lord Spencer-Churchill v Faggionato Fine Arts Ltd (2012)

Judgment Date: 07 Aug 2012

The court granted an interim injunction preventing the purchaser of a painting from selling it without first giving notice to the previous owner where the previous owner had an arguable case that the painting remained vested in him because the purported sale was unauthorised and therefore void.

View case

Toplain Ltd v Orange Retail Ltd (2012)

Judgment Date: 26 Jul 2012

Where a claimant had served a notice of discontinuance in error, it had been open to it to invoke the court's jurisdiction under CPR r.3.10 to correct that error; it could not be said that r.38.5(2) clearly intended to restrict the setting aside of notices of discontinuance to those situations provided for in r.38.4 thereby precluding the application of other rules to correct procedural errors.

View case

1 2 3 4 5

Results 1 - 20 of 83