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Cases James Aldridge

Redevco Properties v Mount Cook Land Ltd (2002)

Judgment Date: 03 Dec 2002

Putting pressure on a tenant to sell a lease back was not a good ground for the landlord to withhold consent to alterations to leasehold property.

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Members
James Aldridge QC

Practice areas
Real Estate

Redevco Properties Ltd v Mount Cook Land Ltd (2002)

Judgment Date: 30 Jul 2002

A tenant was not able to show at the summary judgment stage that the landlord had no real prospect of defending a claim that it had unreasonably withheld its consent to alterations. It was not appropriate to stay those proceedings pending the outcome of judicial review proceedings in respect of the planning permission granted for those proposed works.

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Members
Christopher Pymont QC
James Aldridge QC

Practice areas
Real Estate

Mount Eden Land Ltd (Part 20 Defendants) v Towerstone Ltd (Part 20 Claimants) (2002)

Judgment Date: 23 Jul 2002

It was reasonable for a landlord to require that an intending guarantor of a proposed assignee should provide references that spoke of his ability to meet all his contingent liabilities and not merely those liabilities that would arise under the lease; and that three guarantors should be provided.

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Members
James Aldridge QC

Barings PLC (in liquidation) & Anor v Coopers & Lybrand (A Firm) & Ors (2001)

Judgment Date: 23 Nov 2001

The claimant, in an action for negligent misstatement, had to plead the circumstances on the basis of which it alleged that the defendant knew of the intended transaction of the claimant and its reliance on the defendant for that purpose. A subsidiary auditor was not to be treated as subject to the same duties to a parent company as those to which the group auditor would be subject as a result of its contractual relationship with that parent.

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Members
James Aldridge QC

Lionel Goldstein v Ronald Conley (2001)

Judgment Date: 04 May 2001

The Lands Tribunal had jurisdiction to make an award of costs against the unsuccessful party on an appeal from the Leasehold Valuation Tribunal. Such an award was enforceable by the High Court by action at common law. * Leave to appeal to the House of Lords pending.

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Members
James Aldridge QC

Practice areas
Real Estate

Barings PLC (In Liquidation) & anor v Coopers & Lybrand (A Firm) & ors (2001)

Judgment Date: 09 Feb 2001

In an action arising out of the rogue activities of an investments trader, the court was prepared to accept, at least at this early interlocutory stage, that there was a body of expertise in the management of investment banks from which expert evidence could emerge capable of assisting a court considering claims in negligence arising from the management of such a bank.

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Members
James Aldridge QC

Gillett v Holt & Anor

Judgment Date: 08 Mar 2000

An equivocal or revocable representation could give rise to a proprietary estoppel, since it was not the irrevocability of the representation when it was made which empowered equity to intervene, but the fact of subsequent detrimental reliance on the part of the representee, which made the representation irrevocable.

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Members
James Aldridge QC

Practice areas
Real Estate

Mount Cook Land Ltd v Mark Hartley & Ors (2000)

Judgment Date: 11 Feb 2000

The judge had no doubt that despite the way in which the tenants had underlet the premises, it would have been wrong to have deprived the tenants of a valuable asset. Relief from forfeiture was granted on the condition that the tenants obtained consent on future underleases.

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Members
James Aldridge QC

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