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Cases Laurie Scher

In Re The Estate Of Prabhavati Dahyabhai Patel, Deceased Sub Nom Girish Dahyabhai Patel v Yashwant Dahyabhai Patel (2017)

Judgment Date: 22 Sep 2017

The court refused to grant the claimant probate of an alleged will of his mother, holding that he had forged the will.

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Laurie Scher

Yashwant Dahyabhai Patel v (1) Girish Dahyabhai Patel (2) Jayshree Patel (3) Ranjanabala Patel (4) Nirja Jain (2017)

Judgment Date: 02 Jun 2017

Permission was granted to bring contempt proceedings following the court's decision in a probate action that a will had been forged, which gave rise to a prima facie case of a conspiracy by the respondents to make false statements to mislead the court.

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Laurie Scher

Patel v Patel & Ors (2017)

Judgment Date: 26 May 2017

Permission was granted to bring contempt proceedings following the court's decision in a probate action that a will had been forged, which gave rise to a prima facie case of a conspiracy by the respondents to make false statements to mislead the court.

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Laurie Scher

In Re The Estate Of Patel v Patel (2017)

Judgment Date: 10 Feb 2017

The court refused to grant the claimant probate of an alleged will of his mother, holding that he had forged the will.

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Members
Laurie Scher

Practice areas
Private Client

(1) David Halberstam (2) Shoshana Stern v Gladstar Ltd (2015)

Judgment Date: 29 Jan 2015

The court refused to grant an interim order for delivery up of various valuable items which had been seized by court enforcement officers pursuant to a writ of delivery. The claimants had not established that there was a serious issue to be tried. Furthermore, they could not assert that the claim for interim relief had been compromised on the basis of a witness statement which the defendants had served in error, which wrongly stated that the defendants had made an offer of settlement.

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Members
Laurie Scher

Practice areas
Commercial Disputes

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

Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors (2013)

Judgment Date: 12 Feb 2013

It was appropriate to allow rectification of a Tomlin order made in a bank's action to enforce charges over certain land, because the order did not reflect the parties' common intention as to the bank's rights.

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Members
Laurie Scher

Practice areas
Commercial Disputes
Real Estate

Bank of Scotland v Azam Qutb (Administrator of the Estate of Mona Qutb) (2012)

Judgment Date: 13 Dec 2012

A bank was awarded indemnity costs orders against a litigant personally, and in his capacity as an administrator of his deceased mother's estate, on the basis that he had acted in breach of a warrant of authority in conducting litigation brought against the bank.

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Laurie Scher

Richard Paul Thomas v (1) David Jeffery (2) Joy Sweet (3) Gemma Sweet (2012)

Judgment Date: 31 May 2012

A recorder had not erred in principle in the manner in which he exercised his discretion on costs and the judge had not been entitled to reverse his decision.

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Laurie Scher

Afzaal Hussain, Mona Qutb (By her Litigation Friend Azam Qutb) v Bank of Scotland Plc (2012)

Judgment Date: 08 Mar 2012

Permission to appeal had been obtained by the deception of a person without standing to launch an appeal or to obtain permission to appeal and, on the permission being set aside for those reasons, there was no appeal to be decided and so it had to be dismissed.

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Laurie Scher

Governor & Co Of The Bank Of Scotland v Afzaal Hussain & Mona Qutb (2010)

Judgment Date: 05 Nov 2010

Although a property owner was not prevented by estoppel or abuse or process from challenging as against the lender the validity of a charge obtained by a third party on her property, she had consented to the charge and so was bound by it despite her overriding interest.

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Members
Laurie Scher

Practice areas
Real Estate