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Cases Real Estate

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.

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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd (2020)

Judgment Date: 13 Nov 2020

Richard Fowler acted for the successful appellant landlord, Sara, before the Court of Appeal and at first instance in a dispute over service charges claimed pursuant to a “conclusive certification” clause in leases of commercial premises. The reasoning of the Court of Appeal’s judgment is also applicable in the wider context of “conclusive certification” and “conclusive evidence” provisions in commercial contracts, including guarantees.

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Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust (2020)

Judgment Date: 14 Oct 2020

The Upper Tribunal imposed an agreement on a housing trust under the Communications Act 2003 Sch.3A Pt 4 para.20 conferring on a telecommunications operator rights to install and operate equipment on the roof of a building. The tribunal determined the extent to which the operator should be able to upgrade and share the equipment and set out the correct approach to assessing the consideration payable by operators under such agreements.

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Members
Tim Calland

Practice areas
Real Estate

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.

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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.

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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd (2019)

Judgment Date: 09 Dec 2019

In this case the court was asked to construe two provisions that are extremely common in commercial leases; a “conclusive certification” clause and a “no set-off” clause. The question for the court was: could the landlord obtain summary judgment for service charge arrears against its tenant in reliance on the two clauses? The court’s reasoning is of interest to both real property practitioners and commercial litigators generally.

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Members
Richard Fowler

Practice areas
Real Estate

Clochfaen Estate Ltd v Bryn Blaen Wind Farm Ltd (2019)

Judgment Date: 21 Jun 2019

The carrying out of industrial works on agricultural land over which a claimant enjoyed various sporting, shooting and fishing rights was a substantial interference with those rights. However, the claimant had not exercised its rights for over 60 years and it was unlikely that it had suffered any pecuniary loss. Nominal damages were therefore awarded.

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Members

Practice areas
Real Estate

Persimmon Homes Ltd v (1) Anthony John Hillier (2) Colin Michael Creed (2019)

Judgment Date: 09 May 2019

A disclosure letter sent as part of a data package in the course of negotiations for a share purchase could be rectified if it did not give effect to the parties' intended transaction.

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(1) Warwickshire Aviation Ltd (2) Terence Timms (3) South Warwickshire School of Flying Ltd (4) Take Flight Aviation Ltd v Littler Investments Ltd (2019)

Judgment Date: 25 Mar 2019

A judge had not erred in finding that an airfield owner had a reasonable prospect of obtaining planning permission to demolish buildings on the site to enable residential development, notwithstanding that the local authority's development plan contained a principle to retain and support aviation-related facilities at the airfield. The plan expected developers to contribute to achieving the principle where it was "appropriate and reasonable", conferring a discretion that allowed the local authority to take into account that the owner, for legitimate economic reasons, did not intend to re-instate the buildings' aviation-related uses even if demolition consent was refused.

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Deansgate 123 LLP v (1) Ian Garth Workman (2) Ian Grant Workman : Carol Ann Forrester (As Executrix Of The Estate Of Susan Margaret Workman) v (1) Ian Garth Workman (2) Ian Grant Workman (2019)

Judgment Date: 11 Jan 2019

Applications under the Insolvency Act 1986 s.423 to set aside a transfer of property were not struck out as an abuse of process where they had been brought subsequent to the determination of the issue of the validity of the transfer. The question of validity was separate from the issue of whether the transfer should be set aside. It was therefore not the case that the s.423 applications should have been brought as part of the earlier proceedings.

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Reiner v Triplark Ltd (2018)

Judgment Date: 04 Oct 2018

A right-to-manage company's failure to give consent to the assignment of a lease did not amount to an unreasonable withholding of consent within the meaning of the Landlord and Tenant Act 1988 s.1 where it had not complied with its obligation under the Commonhold and Leasehold Reform Act 2002 s.98(4) to give the lessor 30 days' notice, thereby enabling the lessor to object.

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Members
Edwin Johnson QC

Practice areas
Real Estate

London & Ilford Ltd v Sovereign Property Holdings Ltd (2018)

Judgment Date: 10 Jul 2018

In relation to the purchase of a property for residential development, the court upheld an interpretation of an overage agreement entered into between the parties which provided for the payment of a further sum to the seller if development consent were obtained during the overage period. The court rejected the purchaser's argument that such consent had no utility unless the residential units were capable of being built in compliance with building regulations.

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Members
Gregory Banner QC

Practice areas
Real Estate

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd (2018)

Judgment Date: 04 Jul 2018

The court interpreted a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents. There was no ambiguity in the language of the clause which precluded the court from applying its literal meaning, and no drafting error which could be corrected as a matter of interpretation.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd (2018)

Judgment Date: 11 Jun 2018

The parties to a conditional contract for the sale of land which provided for the fixing of a valuation date had reached an agreement as to that date and the valuer appointed under the contract had been wrong to depart from that agreement.

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Members
Edwin Johnson QC

Practice areas
Real Estate

(1) Ropemaker Properties Ltd (2) Churchmanor Estates Co Plc v (1) Bella Italia Restaurants Ltd (2) Casual Dining Ltd (2018)

Judgment Date: 02 May 2018

An agreement for lease relating to a retail unit had not been validly terminated by the tenant. As the conditions to which the agreement was subject had been satisfied, the tenant was bound by the agreement.

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Members
Tim Calland

Practice areas
Real Estate

The Wellcome Trust Ltd v Soni & Ors (2018)

Judgment Date: 20 Apr 2018

A freeholder who was entitled to the forfeiture of the lease on a flat was granted a writ of restitution in respect of a writ of possession which had been stayed on the application of defendants who had failed to attend court on numerous occasions, were using the court's processes to engineer delay to their own advantage and had no prospect of successfully challenging the writ of possession.

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Members
James Ballance

Practice areas
Real Estate

Warborough Investments Ltd v Lunar Office SARL (2018)

Judgment Date: 13 Mar 2018

The grant of an underlease of commercial premises by a tenant had constituted a breach of covenant. A judge's construction of the relevant covenant had involved an unwarranted re-writing of it.

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Members
Edwin Johnson QC

Practice areas
Real Estate

(1) Michael Rittson-Thomas (2) Hugo Rittson-Thomas (3) Rupert Rittson-Thomas (4) Kim Hughes v Oxfordshire County Council (2018)

Judgment Date: 09 Mar 2018

The Schools Sites Act 1841 s.2 allowed land to be granted as a site for a school and to revert to the grantor when that use ceased, unless s.14 applied and the land was sold or exchanged for a more eligible site. Section 14 did not mean that in order to avoid the statutory reverter, the sale or exchange always had to be carried out before, or at the same time as, the school was moved to new premises.

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Adrian Howard Mundy v Trustees of the Sloane Stanley Estate (2018)

Judgment Date: 24 Jan 2018

In calculating marriage value for the purposes of determining the premium to be paid for the acquisition of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Pt I, the Upper Tribunal had been entitled to have regard to real-world transactions in which the lease attracted rights under the Act.

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Members
Edwin Johnson QC

Practice areas
Real Estate

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