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Cases Paul Clarke

United Trust Bank Ltd v Konstantinos Diamantopoulos (2020)

Judgment Date: 19 Mar 2020

Summary judgment was granted on a claim to enforce a personal guarantee in respect of a loan secured on a property where an assurance relied on by the guarantor, that the guarantee would not be enforced unless there was a shortfall after the property was sold, was not a clear promise.

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Members
Paul Clarke

Practice areas
Banking & Financial Services

(1) Warwickshire Aviation Ltd (2) Terence Timms (3) South Warwickshire School of Flying Ltd (4) Take Flight Aviation Ltd v Littler Investments Ltd (2019)

Judgment Date: 25 Mar 2019

A judge had not erred in finding that an airfield owner had a reasonable prospect of obtaining planning permission to demolish buildings on the site to enable residential development, notwithstanding that the local authority's development plan contained a principle to retain and support aviation-related facilities at the airfield. The plan expected developers to contribute to achieving the principle where it was "appropriate and reasonable", conferring a discretion that allowed the local authority to take into account that the owner, for legitimate economic reasons, did not intend to re-instate the buildings' aviation-related uses even if demolition consent was refused.

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Members
Paul Clarke

Practice areas
Real Estate

Warwickshire Aviation Ltd & 6 Ors v Littler Investments Ltd (2018)

Judgment Date: 25 Jun 2018

The landlord of an airfield who had served notices to terminate the tenancies of companies that rented premises there had made out its opposition to the companies' application for the grant of new tenancies on the ground that it intended to demolish the premises. Given that the local authority had a broad discretion in determining planning applications, the landlord had established on the facts a reasonable prospect of obtaining permission to demolish the premises notwithstanding the local authority's development plan contained a principle to retain and support aviation-related facilities at the airfield.

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Members
Paul Clarke

Images (Gants Hill) Management Co Ltd v Rynew Property Management Ltd (2018)

Judgment Date: 20 Jun 2018

A High Court claim for delivery up of documents pertaining to a property management agreement was struck out where the claimant had counterclaimed for essentially the same remedy in respect of the same dispute in ongoing county court proceedings brought by the defendant, in which discovery was imminent. The costs of the instant claim were out of all proportion to what it sought to achieve.

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Members
Paul Clarke

Clive Everitt (As Liquidator Of Property Securities Ltd) v (1) Gisele Zeital (2) Kim Zeital (2018)

Judgment Date: 31 May 2018

Where a company owner died intestate and his estranged wife and daughter moved into a flat registered to the company, they did not acquire rights of occupation, ownership or adverse possession to prevent the flat being recovered as a company asset when the company was placed into liquidation nine years later.

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Members
Paul Clarke

Generator Developments Ltd v Lidl UK GmbH (2018)

Judgment Date: 08 Mar 2018

The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did not have an interest in the land under Pallant v Morgan principles when the supermarket had purchased it before the joint venture was finalised.

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Members

Paul Clarke

(1) Frederick Dennis Baldwin (2) Soma Contract Services Ltd v Jr Pickstock Ltd (2017)

Judgment Date: 05 Oct 2017

When an adjudicator failed to provide a decision in accordance with the time agreed by the parties, his appointment lapsed or expired by effluxion of time. The provision in the Scheme for Construction Contracts (England and Wales) Regulations 1998 Sch.1 Pt I para.9 allowing an adjudicator to resign "at any time" was constrained by the terms of para.19(1) and ceased on the agreed time limit. An adjudicator who had resigned after the expiry of the time limit could therefore not recover his fees, as his appointment had already lapsed.

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Members
Paul Clarke

Moore v Moore & Till Valley Contracting Ltd (2016)

Judgment Date: 19 Aug 2016

A son was entitled to his father's interest in a farm and farming business by virtue of a proprietary estoppel, since he had been promised that the farm and business would pass to him and had relied on those promises to his detriment.

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Members

Paul Clarke

Generator Developments LLP v Lidl UK GmbH (2016)

Judgment Date: 13 Apr 2016

It was not fatal to a claim to an equity under the principle in Pallant v Morgan [1953] Ch. 43 that negotiations between the parties were expressly subject to contract. However, the court determined that two companies which had entered into negotiations with a view to acquiring a property as joint venture partners had not entered into an arrangement or understanding sufficient to give rise to a Pallant vMorgan equity.

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Members
Paul Clarke

Practice areas
Real Estate
Private Client

Greene King PLC v Quisine Restaurants Ltd (2012)

Judgment Date: 24 May 2012

A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and the failure of the tenant to give such notice did not release the guarantor.

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Members

Paul Clarke

Practice areas
Commercial Disputes
Real Estate

Kyriacos Costas Hapeshi v Athena Allnatt (2010)

Judgment Date: 21 Jan 2010

Applying an holistic approach to the evidence before the court, it was apparent that the claimant held a 25 per cent interest in a property with the estate of his deceased mother holding a 50 per cent interest and the estate of his deceased brother holding a 25 per cent interest.

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Members
Paul Clarke

Practice areas
Real Estate

Carphone Warehouse UK Ltd v Cyrus Malekout (2006)

Judgment Date: 14 Jun 2006

The effect of a Tomlin order settling possession proceedings was not just to create an estoppel limited to the legal conclusion that the tenant was a statutory tenant at that date but to create an estoppel as to the essential facts and circumstances underlying the agreement made at that time.

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Members
Christopher Pymont KC*
Paul Clarke

Practice areas
Real Estate

Susan Bishop v Elizabeth Blake (2006)

Judgment Date: 12 Apr 2006

In the circumstances a mortgagee had been entitled to exercise her power of sale when she did but had breached her duties as mortgagee, since she had failed to take care to obtain the proper market price for the property.

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Members
Paul Clarke

Practice areas
Real Estate

Mohammed Iqbal v Rupa Thakrar (2004)

Judgment Date: 28 Apr 2004

The defendant landlord had not unreasonably withheld consent to the proposed alterations to be carried out by the claimant tenant since the landlord had had insufficient material to ascertain whether the proposed works would have affected the structure of the building as a whole.

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Members
Paul Clarke

Practice areas
Real Estate

WX Investments v Khalida Begg (2002)

Judgment Date: 13 May 2002

Under s.196(4) Law of Property Act 1925 service on a lessor by either registered post or recorded delivery was deemed to be on a presumed date of delivery regardless of when delivery of the registered letter or recorded delivery in fact took place.

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Members
Paul Clarke

Practice areas
Real Estate