As 2025 nears a close, our Business & Property Group wishes everyone a Merry Christmas and a happy New Year. It has been a busy period for the Group, with members looking forward to a well-deserved break and a busy 2026.
COMMERCIAL
In our very own experience of AI-hallucinated authorities, Alexander Bradford was successful in obtaining a wasted costs order on behalf of Birmingham City University in a long-running dispute with a former student.
Members of chambers have created webinars for clients who like to learn in their own time. Amanprit Kaur and Angus Thomas have prepared a webinar which provides a practical case study on the thorny topic of making relief from sanctions applications. Please take a look at our YouTube channel to see other videos.
Ali Tabari and Natalie Kearney have, in collaboration with LexisNexis worked on a number of Insolvency Act precedents for solicitors wishing to commence proceedings under s245 and s423.
Iqbal Mohammed obtained a rather rare injunction on behalf of a firm against its former client, arguing the firm had solicitor’ equitable lien over her share in a property which was the “fruit” of the litigation in which they acted.
Ali Tabari secured the dismissal of an application in Alliance Automotive v Auto Zatoka, a case in which HHJ Williams heard an application to strike out a claim for lack of jurisdiction. Ali’s client had served a claim in Poland, and the key question was whether a defect in the response pack invalidated service. The authority considers CPR11 and 7.6.
Kirsty White recently represented Respondents facing an urgent injunction application linked to alleged breaches of restrictive covenants in a director’s service agreement. The Claimant sought wide-ranging remedies, including search and imaging orders under the new model rules.
INSOLVENCY
Iqbal Mohammed was successful in a long-running application to set aside a vesting order obtained by a Liquidator under s320, which vested freehold properties with the companies created by the same Liquidator. The case involved allegations of misconduct and resulted in a substantial costs order against the Liquidator personally.
Raghav Trivedi was successful in obtaining an urgent administration order on behalf of creditors of a UK holding company with American subsidiaries in a case which involved unusual facts.
PROPERTY
Michelle Caney, led by Myriam Stacey KC, secured a High Court injunction on behalf of Cardiff University to prevent unlawful encampments and direct action on eleven sites. The injunction, granted by Sir Peter Lane on 13 June 2025, was opposed by the European Legal Support Centre who argued that it would effectively criminalise trespass. The Court accepted that the injunction struck a fair balance between upholding the right of freedom of speech and legitimate property rights.
Michelle Caney, leading Harry Marriott, recently acted on behalf of the defendant landlord in a complex class action worth circa £1m. The action arose out of a major works programme at a block of apartments in London. The case raised the difficult legal conundrum which arises when a landlord’s right to undertake renovation work clashes with the tenant’s right to quiet enjoyment.
David Stockill was successful, in a preliminary decision, for a site provider before the FTT against operators in resisting their application for new code rights. The site provider established that the operators occupied under a protected Part 2, 1954 Act lease which attracted a higher rent than the code rights compensation, which was considerably less. Please see David’s article for details.
Harry Marriott wrote a detailed article looking at complexities with s146 Notices, which is a must-read for those who act for commercial landlords or tenants.
Likewise, David Nuttall published an excellent article on the convoluted issue of freehold title reverting to the Crown, whether as bona vacantia or escheat. This is a highly recommended piece for property lawyers.
For those looking for extra holiday reading for the break, we recommend a look at the Real Estate team’s Lay of the Land series of articles.
NOTABLE DECISIONS
COMMERCIAL
Allseeds Switzerland v Intergrain [2025] EWHC 2788 (Comm), Butcher J considered the circumstances in which the court would give permission under s69 Arbitration Act 1996 to appeal a final arbitral award on a point of law.
SC Commercial Bank Privatbank v Kolomoisky [2025] EWHC 1987, an important decision in which Trower J held that an expert had a duty of candour requiring disclosure of previous judicial criticism, in contrast with previous decisions on the issue.
Bratt v Jones [2025] EWCA Civ 562, the Court of Appeal (while dismissing the appeal), has opened the door to removing the precondition that for a valuer to be liable for negligent valuation of property, their valuation must fall outside of a reasonable range of valuations.
PROPERTY
Crea v Crea [2025] EWHC 2638 (KB), Pepperall J considers when a court is bound by an expert’s boundary determination and whether such a determination can be avoided by a party who withdraws from the determination prior to a final report.
COSTS
Process & Industrial Developments v Republic of Nigeria [2025] UKSC 36, probably the last appeal on this saga; the UKSC determined that an award of costs in Sterling was appropriate where solicitors charged, and were paid, in Sterling, despite this generating a “windfall” for the foreign party due to the loss in value of its domestic currency.
Spender and Others v FIT Nominee [2025] EWCA Civ 1319, the Court of Appeal considered whether it was appropriate to refuse a costs capping order where 70 out of 436 long-lease holders sought to appeal an FTT determination.
Biddick v Biddick & Ors [2025] EWHC 2743 (Ch), an up to date authority on Part 36 offers and costs consequences; a helpful survey of previous authorities at paras 6-11.
AND FINALLY…
Counsel’s Corner
Raghav Trivedi is Chambers’ very own cricket expert and once played the sport professionally. He says, for those into cricket or interested in watching a live game: “I think the Oval cricket ground in London does not get the credit it deserves. Whilst Lords is the home of cricket, the Oval represents one of the more modern cricket grounds with great cricket facilities, but also provides an electric atmosphere for a cricket game. I was lucky enough to go watch the India v England test match there over the summer, and I highly recommend watching a game there.”
