Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2

Judgment Date: 18 Jan 23

Richard Fowler represented the successful landlord in the Supreme Court in a notable new case about commercial leases. On 18 January 2023 the Supreme Court handed down judgment in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2. Richard, instructed by Pinsent Masons LLP, acted for Sara in the...

Add2 Research & Development Ltd v dSpace Ltd and another

Judgment Date: 17 Jun 21

As a general principle, a company may make “distributions” to shareholders out of profits available for the purpose, but not out of capital. The circumstances in which a company may properly make distributions to its shareholders are governed by two sets of rules: those in Part 23 of the Companies Act 2006,...

Davey v Bailey

Judgment Date: 26 Feb 21

Davey v Bailey [2021] EWHC 445 (Ch) is a significant judgment on the law of deathbed gifts (donationes mortis causa; “DMCs”). A DMC is one of the few ways in which a person can make a valid transfer of property on death without complying with the formalities required by section 9 of the...

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

Judgment Date: 13 Nov 20

Summary 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...

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

Judgment Date: 09 Dec 19

Outdoor Retail Ltd (2019) Summary 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...