CASES
January 5, 2011
Real Estate
Eminence Properties v Heaney [2011] 2 All ER (Comm) 223) CA
A dispute between a potential purchaser and developers of new-build residential properties. The purchaser wished to be released from his contract and argued that the developers’ solicitors had inadvertently repudiated the contract.
CASES
January 1, 2011
Real Estate
Lytton v Gurman [2011]
Acting for private lender in claim to enforce a charge over a property. 3 day trial in the County Court.
CASES
September 10, 2010
Commercial, Commercial Dispute Resolution
Cheadle v Edwards [2010] EWHC 1216 (TCC)
Successfully defeating a claim and proving the cross-claim on the basis that (1) the contractor was entitled to suspend works involving additional (extra-spec) work and (2) that the suspension was in any event not repudiatory.
CASES
August 8, 2010
Real Estate
Pearce v Hunns [2010]
Acting for a property owner in a boundary dispute. 2 day trial in the County Court.
CASES
June 25, 2010
Commercial
DL Barrett & Sons v The City Council of Bristol
John acted for a local authority to defeat allegations of misfeasance in public office over the removal of a building partnership from a list of approved contractors.
CASES
June 6, 2010
Real Estate
MacLeod v Brooks [2010]
Acting for house owners in a dispute concerning a boundary, a parking easement and a right of way over part of their garden. Issues included the construction of a deed, the existence of a quasi-easement and
CASES
June 4, 2010
Planning
Trim v North Dorset DC [2010] EWCA Civ 1446; [2011] 1 WLR 1901 (CA)
Breach of condition notice served under s171A TCPA; challenge by Part 8 claim approximately 17 months after the service of the notice. CA held that procedure by JR should have been used (following O’Reilly v Mackman)
CASES
June 1, 2010
Commercial, Commercial Dispute Resolution
Betterment Properties (Weymouth) Ltd v James Carthy & Co Ltd [2010] EWCA Civ 1401, [2010] All ER (D) 210 (Dec)
Acted for a property investment company at trial in the High Court and on appeal in a dispute over a ransom strip involving issues of contractual construction and highways law.
CASES
June 1, 2010
Public & Administrative Law
Jones v North Somerset Council
Section 76 appeal against a refusal of planning permission for a major housing development at a Green Belt location which, according to the local planning authority (North Somerset), contravened all existing and emerging policies in housing
CASES
June 1, 2010
Planning, Public & Administrative Law
Bristol City Council v Information Commissioner and Portland & Brunswick Square Association
This is an important decision of the Information Tribunal for all planning authorities required to decide under the Environmental Information Regulations whether to make public sensitive commercial information in viability appraisals.
CASES
June 1, 2010
Commercial, Commercial Dispute Resolution
Roberts v Gill [2010] 2 WLR1227
Amendment of pleading to add a party after the expiry of the limitation period where the claim was a derivative action.