Real Estate

Philomena’s practice comprises the spectrum of property litigation advising and representing commercial clients in a wide range of disputes.

Cases:

• Bank of New York Mellon (International) Limited v Cine-UK Limited [2021] EWHC 1013 (QB) – leading case (with two others) concerning the recoverability of commercial rent arrears in the pandemic raising important issues concerning the proper interpretation of rent cesser provisions and pandemic insurance.
• Fouladi v Darout Ltd El-Kerrami and St Mary Abbot Court Limited [2018] 12 WLUK 363 – successfully representing the Respondent freeholder/landlord in an important appeal on a noise nuisance claim raising issues as to what constitutes an actionable noise nuisance, the extent of a landlord’s liability in nuisance, and when an appeal court will review findings of fact made by the trial judge.
• PH21 Residential Limited v Oksosieme – successfully defending claim for return of deposit on a portfolio contract where contract validly terminated and deposit forfeit.
• Lakhani v Mahmud [2017] 4 Costs LO 453 : [2017] 1 WLR 3482 : [2017] 7 WLUK 53 – successful appeal for relief from sanctions.
• TBAC Investments Limited (acting by Fixed Charge Receivers) v Valmar Works Limited [2015] EWHC 1213 (Ch) – obtaining summary judgment in a claim concerning a disputed notice to complete.
• Coles & Ors v Samuel Smith Old Brewery (Tadcaster) Limited and Anr [2015] Chancery Division – assessment of price payable under an option agreement where the agreement contained no terms as to valuation.
• Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies [2014] EWCA Civ 154 – appeal concerning the proper construction of the terms of a pre-emption right in a management lease.
• Blueco Ltd and another v BWAT Retail Nominee (1) Ltd and others [2013] EWHC 1135 (Ch) - commercial dispute concerning rights of pre-emption raising issues of construction and interpretation, rectification and proprietary estoppel.
• Cleaver v Schyde Investments Ltd [2011] EWCA Civ 929 – appeal on misrepresentation in pre-contract enquiries and the reasonableness of the standard conditions dealing with rescission.
• Tetra Pak Ltd v Oracle Corp UK Ltd [2011] EWHC 2688 Ch – acting for a landlord defending a claim for an injunction concerning the regulation of access to an office block on health and safety and security grounds.
• Q v Q [2008] EWHC 1874 (Fam) – intervening (for a brother of the Respondent) in matrimonial proceedings in order to claim ownership of a valuable property, raising issues of constructive trusts, proprietary estoppel and illegal contracts.
• Prudential Assurance Co Ltd v Ayres and another [2008] EWCA Civ 52 – appeal on the proper interpretation of a supplemental deed  in the context of an AGA and the assignment of a lease of major offices in the City.
• Tamares (Vincent Square) Ltd v Fairpoint (Vincent Square) Ltd [2007] 1 WLR 2148; [2007] 1 WLR 2167; [2007] EWHC 828; and [2007] EWHC Civ 8809 – leading case dealing with rights to light covering liability, whether an injunction was the appropriate remedy, assessment of damages in lieu of an injunction and costs (including on appeal).

Philomena’s recent cases include:-

• Acting for a major housebuilder on a high profile dispute about the extent of its development site.
• Acting for a farming company defending a claim by former tenants regarding the removal of heavy machinery from a multi-occupied site.
• Acting for a property investment company bringing a claim against a major insurance company for an indemnity relating to losses arising from a fire at commercial premises.
• Acting for applicants on an application to the Upper Tribunal (Land Chamber) for the discharge/modification of a restrictive covenant to facilitate development.
• Acting on a dispute between foreign nationals about the ownership of a substantial property and raising issues regarding succession rights.
• Advising a major supermarket chain on a conditional agreement for lease.
• Advising on multiple contracts for the sale and purchase of properties forming a joint venture for the provision of assisted living accommodation.
• Advising a leaseholder in a claim regarding noise nuisance from adjacent commercial premises with a common freeholder/landlord.

Professional Negligence

Philomena’s practice frequently involves advising and acting in professional negligence cases including claims against valuers, solicitors, barristers and other professionals arising out of property matters.

Cases: 

• Cottingham v Attey Bower Jones – successful claim for damages for failure to secure proper answers to pre-contract inquiries.
• Acting on the professional negligence aspects of a claim against a guarantor of commercial lease liabilities and onward claims.
• Defending a claim against solicitors who acted for the buyer on the purchase of commercial property where there were title issues.
• Defending a claim against a barrister where the issues involve conflicts of interest.
• Defending a claim against solicitors where the issues involve the drafting of overage provisions.

Alternative Dispute Resolution

Philomena frequently advises and appears in arbitrations and mediations as counsel. She also acts as a mediator.  She enjoys deploying the different skills required in mediations where legal knowledge and pragmatism can help fashion a creative resolution for the client.

Cases: 

• Acting in an arbitration for a developer regarding the price payable for a development site and the impact of overage.
• Acting in an arbitration for a property investment company regarding an indemnity from a major insurance company for losses arising out of a fire at commercial premises.
• Acting for a developer in a mediation on a claim for substantial damages arising out of building works to extend and refurbish a luxury residential property.
• Acting as a mediator in a claim for damages for professional negligence arising out of a sale contract.