Thomas Munby KC and James Kinman (instructed by Ken Duncan and Alina Neal of Stephenson Harwood LLP) represented the successful paper title owner in a long-running family dispute over the ownership of a Knightsbridge flat. The case gave rise to important questions relating to the emerging doctrine of what...
Summary The Court of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent. Facts The case concerns a dispute over a high value London property,...
Summary A claimant's failure to make due enquiry in relation to allegations forming a core piece of the defendant's defence, and his consequent failure to fairly represent the merits of that defence on a without notice application for a worldwide freezing order, had amounted to serious non-disclosure and the freezing...
Summary Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts. Facts The second to fourth defendants (D...