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Cases Philomena Harrison

Sarvenaz Fouladi (Claimant/Respondent) v (1) Darout Ltd (2) Ahmed El Kerrami (3) Sarah El Kerrami (Defendants/Appellants) & St Mary Abbots Court Ltd (Defendant) : Sarvenaz Fouladi v St Mary Abbots Cou

Judgment Date: 19 Dec 2018

A lessee and occupiers of a flat were liable in nuisance for noise caused to the occupiers of the flat below where the flooring of the upper flat was inadequate to prevent significant noise transmission. The lessee was also in breach of covenant under the lease for failing to obtain the landlord's consent to renovation works resulting in the inadequate flooring. Although the landlord was aware of the works, it had no knowledge of the nuisance and was therefore not liable by participation.

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Members

Philomena Harrison

Jagdish Lakhani & anor v Ibrahim Sheikh Abadullah Mahmud & Ors (2017)

Judgment Date: 05 Jul 2017

A judge had been correct to restrict the defendants' recoverable costs to court fees only under CPR r.3.14 where they had served their costs budget late without a reasonable excuse. Although the decision was on the tougher end of the spectrum as to substance and on the leaner end as to analysis, the defendants had not been deprived of a trial altogether.

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Members
Philomena Harrison

Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014)

Judgment Date: 29 Jul 2014

The claimant freeholders were granted summary judgment on their claim that the defendant lessees had breached lease agreements by assigning the leases to subsidiary companies without the freeholder's consent.

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Members

Philomena Harrison

Practice areas
Real Estate

Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies (2014)

Judgment Date: 21 Feb 2014

A judge had been entitled to adopt a literal construction of the terms of a pre-emption right in a management lease.

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Members
Laurie Scher
Philomena Harrison

Practice areas
Commercial Disputes
Real Estate

Blueco Ltd v Bwat Retail Nominee & Ors (2013)

Judgment Date: 03 May 2013

Where an investor in a shopping centre had pre-emption rights under a lease to increase its share of the shopping centre's net rents if another investor exercised an option, but the other investor decided to cancel its option before the lease was executed, the lease was not to be construed so as to give the first investor an unconditional right to increase its share.

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Members
Laurie Scher
Philomena Harrison

Cleaver & Ors v Schyde Investments Ltd (2011)

Judgment Date: 29 Jul 2011

The judge was entitled to hold that the Standard Conditions of Sale (4th edition) 7.1.3 was not fair and reasonable in the circumstances and was therefore of no effect by virtue of the Misrepresentation Act 1967 s.3 and the Unfair Contract Terms Act 1977 s.11 with the result that a purchaser of land was entitled to rescind the contract of sale.

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Members
Philomena Harrison

Practice areas
Commercial Disputes
Real Estate

Tetra Pak Limited v Oracle Corporation UK Limited (2011)

Judgment Date: 01 Jul 2011

An application for an interim injunction preventing a lessor from blocking vehicular access to the front of office premises was refused where there were significant safety concerns for pedestrians, and an alternative means of vehicular access to the premises, although less visually attractive, was available.

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Members
Philomena Harrison

Practice areas
Real Estate

SMQ v (1) RFQ (2) MJQ : RFQ v (1) MJQ (2) FBQ (2008)

Judgment Date: 31 Jul 2008

A proprietary estoppel arose in favour of a son who had paid for renovations on a property and moved into it in reliance on an agreement that the property would become his, contrary to his father's argument that he had retained ownership under an earlier agreement and that the son had acquired no interest in the property.

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Members
Philomena Harrison

Practice areas
Real Estate

Prudential Assurance Co Ltd v David Monroe Ayres & Christopher Grew (2008)

Judgment Date: 07 Feb 2008

A supplemental deed limiting the liability of an assignee of an underlease to partnership assets related only to the assets against which recourse could be had by the tenant in the event of default and did not operate to alter the terms of the relationship between the tenant and the subtenant established under a licence to assign, which provided that the tenant was entitled to recover from the subtenant any losses arising from the assignee's default without limitation.

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Members
Philomena Harrison

Practice areas
Commercial Disputes
Real Estate

Prudential Assurance Co Ltd v David Monroe Ayres & Christopher Grew (2007)

Judgment Date: 03 Apr 2007

The effect of a supplemental deed between a landlord and a partnership, as the assignee of an underlease, was to restrict the assignee's liability for rent to the partnership assets to the exclusion of the personal assets of individual partners and in the case of default to limit any recovery by the landlord against the tenant and any previous tenant in the same way. Although not a party to the deed a previous tenant could take advantage of the limitation on liability by virtue of the Contracts (Rights of Third Parties) Act 1999 s.1(1)(b).

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Members
Philomena Harrison

Practice areas
Commercial Disputes
Company, Partnerships & LLPs
Real Estate

Wormall v Wormall (2004)

Judgment Date: 25 Nov 2004

The minimum remedy that was required to do justice to a party was sufficient to satisfy equity.

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Members
Philomena Harrison

Peter Lionel Cottingham & Julie Cottingham v Attey Bower & Jones (A Firm) (2000)

Judgment Date: 30 Mar 2000

Solicitors who negligently failed to pursue a request for sight of a copy of a building regulation approval were liable for the loss sustained by the claimants on their subsequent acquisition of a defective property.

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Members
Philomena Harrison

Practice areas
Professional Negligence
Real Estate

Ann Phyllis Rowe v Edward Prance (1999)

Judgment Date: 14 May 1999

Claimant was the beneficial owner of a half share in the proceeds of sale of a yacht based on the fact that the defendant expressly constituted himself a trustee of the yacht for both parties.

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Members
Philomena Harrison

Practice areas
Real Estate