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Cases Timothy Dutton

Malik v Malik : South Lodge Flats Ltd v Malik (2019)

Judgment Date: 21 Jun 2019

Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts.

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Members
James Kinman
Timothy Dutton KC

Persimmon Homes Ltd v (1) Anthony John Hillier (2) Colin Michael Creed (2019)

Judgment Date: 09 May 2019

A disclosure letter sent as part of a data package in the course of negotiations for a share purchase could be rectified if it did not give effect to the parties' intended transaction.

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Members
Timothy Dutton KC

Practice areas
Company, Partnerships & LLPs
Real Estate

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd (2018)

Judgment Date: 04 Jul 2018

The court interpreted a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents. There was no ambiguity in the language of the clause which precluded the court from applying its literal meaning, and no drafting error which could be corrected as a matter of interpretation.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Elmfield Road Ltd v Trillium Property GP Ltd (2016)

Judgment Date: 08 Dec 2016

The court ruled on the proper interpretation of a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents.

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Members
Timothy Dutton KC

Dooba Developments Limited v McLagan Investments Ltd (2016)

Judgment Date: 29 Jan 2016

The correct interpretation of a clause in a conditional sale agreement which entitled either party to rescind "if all of the Conditions [had] not been discharged" by the long-stop date was that either party was entitled to rescind after that date, unless all of the conditions had been discharged by then. Although it might appear at first sight to be surprising to use "all" as if it meant "any", it was linguistically feasible to do so. "All" could mean less than the totality in an appropriate context.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Friends Life Management Services Ltd v A & A Express Building Ltd (2014)

Judgment Date: 09 May 2014

The court set out how the service charge payable for the last accounting period of a commercial lease should be calculated.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd (2013)

Judgment Date: 04 Jul 2013

In awarding costs under the Arbitration Act 1996 s.61, an arbitrator was not under obliged to compare a Calderbank offer with a valuation under the Landlord and Tenant Act 1954 s.34 as of the date of the offer, but rather retained a broad discretion to award costs under s.61 which was totally fact dependent.

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Members
Timothy Dutton KC

Practice areas
International & Offshore
Real Estate

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster & Ors (2013)

Judgment Date: 19 Jun 2013

In determining the price to be paid by a nominated purchaser under the Leasehold Reform, Housing and Urban Development Act 1993 for intermediate leases between the freehold and the leases of the participating tenants, the tribunal was to take into account the development value that could be realised if a single owner of the intermediate leases chose to develop the property for use other than as a building containing separate flats.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Roger Williams & Ors v Redcard Ltd & Ors (2011)

Judgment Date: 20 Apr 2011

A document purporting to sell a company's freehold interest in residential property did not require use of the words "by or on behalf of" the company in order to be validly executed. The requirements in the Companies Act 2006 s.44(4) concerning the proper execution of documents were satisfied by the terms of the sale agreement which included definitions of "seller" and "purchaser" and bore the signatures of two authorised signatories.

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Members
Timothy Dutton KC

Practice areas
Commercial Disputes
Real Estate

Daniel Pittack v Muhammad Maximilian Naviede (2010)

Judgment Date: 24 Jun 2010

The Standard Conditions of Sale (4th edition), applicable to residential conveyancing, did not at clause 1.5 operate to exclude subsales

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Members
Timothy Dutton KC

Practice areas
Real Estate

Linpac Mouldings Ltd v Aviva Life & Pensions UK Ltd (Formerly Norwich Union Life & Pensions) (2010)

Judgment Date: 22 Apr 2010

A tenant of industrial premises had lost its right to exercise a break clause once it had assigned the lease. The lease stated that it could exercise the right only as "the original tenant"

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Members
Timothy Dutton KC

Practice areas
Real Estate

Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd (2009)

Judgment Date: 20 Feb 2009

A landlord was not permitted to enter tenanted commercial premises for the purpose of carrying out an "environmental survey" that involved drilling boreholes and taking samples. The lease entitled it to enter the premises for the purpose of making "surveys", but the proper interpretation of "survey" under the lease did not permit the activity that the landlord intended to carry out.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Michael Housden & Anor v Conservators of Wimbledon & Putney Commons (2008)

Judgment Date: 18 Mar 2008

The conservators of Wimbledon and Putney commons had power under the Wimbledon and Putney Commons Act 1871 to grant an easement over an access way on the commons.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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Members
Michael Pryor
Timothy Dutton KC

Practice areas
Commercial Disputes
Real Estate

Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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Members
Michael Pryor
Timothy Dutton KC

Practice areas
Commercial Disputes
Real Estate

Housden v Conservators of Wimbledon and Putney Commons (2007)

Judgment Date: 17 May 2007

Where a potential servient owner was prevented by statute from disposing of land, there could be no capable grantor of an easement, and so the potential dominant owner could not acquire a right by prescription based on 40 years' user under the Prescription Act 1832 s.2.

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Members
Timothy Dutton KC

Practice areas
Real Estate

KPMG v Network Rail Infrastructure Ltd (2007)

Judgment Date: 27 Apr 2007

A prior agreement for a lease including the form and content of the draft lease attached to it was an important part of the background and was a permissible aid to construction of the lease in its final form. Where it was clear that words had been omitted and what the gist of those words was the court would supply the omission as a matter of construction.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Philip Donnelly v Weybridge Construction Ltd (2006)

Judgment Date: 27 Oct 2006

Where a defendant construction company had, in a joint venture, built flats whose misdescription had been substantial, the claimant purchasers had been entitled to rescind or to complete and seek an abatement, so the defendant had not been entitled to require completion and was in repudiatory breach of contract. Subject to the reserved issue of whether they had the relevant knowledge, the Part 20 defendant joint venture partners had been seriously in breach of contractual and fiduciary duty in procuring the purchasers to breach their contracts by offering them an alternative to completion instead of seeking to agree necessary abatements and completing the sales.

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Members
Timothy Dutton KC

Practice areas
Commercial Disputes
Real Estate

Meretz Investments NV & Ors v ACP Limited and Ors (2006)

Judgment Date: 30 Jan 2006

It would be an improper exercise of a mortgagee's power of sale if no part of his motive for exercising that power was to recover the debt secured by the mortgage. However, if a mortgagee had mixed motives for exercising that power and one of the motives was to recover the debt secured by the mortgage, his exercise of the power of sale would not be invalidated.

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Members
Timothy Dutton KC

Practice areas
Real Estate

Gilje v Charlegrove Securities Ltd (2003)

Judgment Date: 13 May 2003

In the circumstances, s.20B Landlord and Tenant Act 1985 did not prevent a landlord from charging expenditure by way of service charges in certain accounting periods, notwithstanding that such expenditure was incurred 18 months prior to the supply of final accounts and certificates for those accounting periods.

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Members
Timothy Dutton KC

Practice areas
Real Estate

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