Welcome to our latest newsletter! We hope you are enjoying the much-delayed summer (at the time of writing, at least, it’s very sunny). The Group has had a very busy few months. Here is some of the work we have done.
COMMERCIAL
Iqbal Mohammed and Simon Clegg appeared against each other in Ubhi Construction v Aspire Enterprises, a four-day trial in the TCC. The construction dispute concerned a £1.4m JCT contract alleged to have been made between the parties but strongly denied by the Defendant. Iqbal was ultimately successful and resisted an application for permission to appeal.
John Aldis acted on behalf of the administrators of an estate in 2-day hearing where he (i) obtained an order for security for costs against the Claimant (a beneficiary of the estate) who lives out of the jurisdiction; and (ii) defeated 2 applications by the Claimant for summary judgment and for payment into court of the estate funds.
Amanprit Kaur acted for claimants in a multi-track claim for damages for breach of contract and misrepresentation involving the installation of a driveway. The claim was brought against two individuals carrying on business under a Partnership under the Partnership Act 1980 (the Act). The legal issues raised called on the application of principles of contractual interpretation and the Act, and the factual issues relating to the works completed on the driveway called on the analysis of the single joint expert in highway engineering and design and witness evidence.
David Stockill acted for a 16-year-old daughter of the deceased (through her litigation friend) in an Inheritance Act 1975 case. The deceased was a successful businessman, leaving an estate of £4 million. By his will, the deceased left his residuary estate on discretionary trusts for his daughter and his three sisters, but with a letter of wishes much favouring the daughter. Various issues in the estate were said to prevent any advancement of the estate to her. By an interim application made under section 5 of the Act, the daughter secured provision for her immediate needs, including for independent living (with some safeguarding provisions); a sum of about £3,000 per month. The order included provision for driving lessons, and the possibility of returning to court seeking provision for university and a car.
INSOLVENCY
Ali Tabari was recently instructed by the Trustee in Bankruptcy, successfully resisting an appeal against a decision to reject 4 linked proofs of debt arising from an investment scam perpetrated by the now-deceased bankrupt. The 2-day final hearing in Birmingham involved not only an analysis of the complicated flow of funds, but also substantive argument (and findings) regarding Quistclose trusts and their relationship with bankruptcy debts.
Raghav Trivedi was successful in an insolvency application in the High Court seeking an order to move a company from administration into compulsory liquidation without a formal petition. This involved an understanding of the function of administration as against compulsory liquidation as well as an understanding of the application of key case law in this area which provides for an administrator to seek the insolvent company’s move from administration to liquidation in certain limited circumstances.
PROPERTY
Jonathan Gale, instructed by Gateley PLC, was successful on a trial of a preliminary issue for a purchaser of a property against a limited company claiming to have a tenancy of a property, said to have been granted by its director, the vendor, pre-sale. The property had been sold at auction under mortgage-appointed receivership. Receivers had already been appointed prior to the grant of the tenancy and the court declared that, in the absence of their knowledge or approval, the purported tenancy was a nullity.
Michelle Caney successfully secured the dismissal of a £1.1m claim for unlawful eviction following a hotly contested 9-day trial at the Royal Courts of Justice. Find out more about the case and a link to the judgment here.
Gavin McLeod successfully opposed summary judgment sought in High Court litigation between father and son over a £2m Buckinghamshire property. The father claimed that he had the benefit of a life interest owing to conversations between the parties before the land was transferred to the son. The son applied for summary judgment on this claim, which failed in the light of the court’s need to hear from witnesses. The hearing was the subject of coverage in the national press.
Michelle Caney and Eloise Marriott are currently acting in an important appeal to the Supreme Court concerning the compatibility of the succession legislation with Articles 8 and 14 of the European Convention on Human Rights. The case raises novel arguments concerning capacity and has the potential to change the law of succession under the Housing Act 1985.
Anthony Verduyn has appeared in the Court of Appeal in Howe Properties v Accent Housing where the Upper Tribunal was overturned, but the billing scheme sought by the other side was unsustainable (somewhat of a score draw).
Iqbal Mohammed was also successful in a highly unusual trial concerning a good-faith purchaser buying without notice. The Claimants purchased a home through estate agents, using solicitors. Having taken a mortgage and paid the purchase price, they were greeted at their new home by the seller’s wife who claimed not to know anything about the purchase. The Defendant contended that her alleged interest in the property overrode the purchase. HHJ Truman found for the Claimants on all issues. Read more about this case here.
NOTABLE DECISIONS
Commercial
Bahia v Sidhu & Anor [2024] EWCA Civ 605, the Court of Appeal held, in the settlement of a partnership account, it would not be right to direct the outright transfer of four properties to one of the partners in circumstances as opposed to open market sale, where there were no exceptional circumstances which would merit departing from the usual practice.
Litigation
Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552, the Court of Appeal held that there was no default (or presumptive) entitlement to costs on the indemnity basis where dishonesty was found against a party.
Process & Industrial Developments Ltd v The Federal Republic of Nigeria [2024] EWCA Civ 790, the Court of Appeal held that a successful party is entitled to be paid its costs in Sterling, even if it originally paid out in another currency and would receive a windfall through a change in exchange rates.
AND FINALLY…
Counsel’s Corner
David Stockill is likely the bar’s most enthusiastic cyclist. He considers anything under 50 miles a short ride. David has put together his best “short” cycle rides around Stratford for those looking to get on their bikes for the summer. For those living outside Stratford, David recommends driving in and cycling these routes. There’s nothing like feeling the breeze in your hair while cycling downhill he tells us.
