A background in litigation

Reported or otherwise notable cases that I've conducted to trial or final hearing over more than 20 years of litigation practice: 

• Dunstan -v- Ball, High Court (Chancery Division): 2024 HHJ Berkley leading authority: As to whether a will can be proved where the attesting witness was not called at trial to give evidence of the attestation. Reliable authority for the proposition that a will can be pronounced in solemn form regardless of non-attendance of the attesting witness where there is no active challenge to the attestation from the other party. Officially reported. 

• Dallimore v Trezise, [2024] EWHC 837 (Ch), HHJ Blohm KC. Whether land used by a riding school was partnership property in the absence of accounting records and proof of source of purchase funds. Reported but not yet publicly published.

• James -v- Scudamore, High Court (Business and Property) 2023 HHJ Matthews leading authority: as to the execution of a Will and the effect of delay in equity (i.e. laches) in bringing a claim challenging its validity. First and only authority for the proposition that: ‘unjustified delay, possibly on its own…and certainly when coupled with acts amounting to waiver of the claimant's right, will bar the claim’. Officially reported. 

• McDonagh -v- Reeve, High Court (Business and Property) 2023 Joanna Smith J : As to the construction of a covenant prohibiting ‘additional building’ where an existing single building was proposed to be replaced by another, larger, single building. Officially reported. 

• Stutt -v- Neal and Others, PT-2023-BRS-000117 (2023) successful application to prove a will where there was a potential but unpursued dispute as to alternative wills and the process had indefinitely stalled. I was personal representative as well as solicitor.

• Philipott -v- Bovisand Park (2023) FTT: Successful opposition of an application to register a private right of way alleged to have been acquired by prescription. Officially reported.

• Hampton -v- Arzeen (2022) FTT: Successful claim for adverse possession where the claim was disputed because of an alleged wayleave agreement. Officially Reported. 

• Wright -v- Green, First Tier Tribunal (Property Chamber) 2022: As to a determination of breach of covenant under a residential long lease under s168(4) of the Commonhold and Leasehold Reform Act 2002, i.e. forfeiture of a long residential lease. Breach was building works / alterations. Officially reported. 

• Bowyer -v- Brown and Another, PT-2022-000879, (2022): Removal of all personal representatives (one requiring service in Germany) under s50 Administration of Justice Act 1985, made at the instigation of one of them, because of insurmountable conflicts between them.

• Tattersalls Limited -v- (1) Tom George (2) Alex Elliot Mayors and City of London County Court (2021) HHJ Hellman: On the enforceability and fairness of auction conditions following the sale by auction of an uncompetitive racehorse. National media attention.

• John Stuart Condliffe -v- Old and Others, High Court (Chancery) (2021) Bristol HHJ Matthews; Probate: successfully opposing a professional executor’s claim for remuneration of more than £300,000 on an unremarkable estate worth less than that, potentially wiping out all legacies. 

• Rickard v Collins, Upper Tribunal Lands Chamber (2021): As to the discharge of a restrictive covenant under s84 of the Law of Property Act 1925. Officially reported. 

• Toms v Ruberry, Court of Appeal (2019), (second appeal) leading authority: As to the ability of a commercial landlord to serve a s146 Notice before a contractual right of re-entry had arisen. Authority for the proposition that ‘a section 146 notice can be served only after the contractual right of re-entry has become enforceable’. Officially reported. 

• Charmleaves -v- Turner-Richardson  First Tier Tribunal (Property Chamber), 2019: As to determination of breach of covenant in a long residential lease with a view to forfeiture; the breach was use of residential premises as a holiday let. Officially reported. 

• Toms v Ruberry: High Court (2017) Dingemans J: (first appeal of County Court judgment). As to the ability of a commercial landlord to serve a s146 Notice before a contractual right of re-entry had arisen. Officially reported. 

• Perks v Perry, Court of Appeal Permission Hearing (2011) Etherton LJ:  As to the need to offer independent legal advice on a commercial lease that manifestly prejudices a guarantor

• Charles Simpson Organisation v Redshaw [2010] 2514 (Ch), Chancery Division, Birmingham District Registry, Permission Hearing (2014) Kitchen J leading authority for the proposition that, in a Mobile Homes Act 1983 site agreement , ‘“amenity of the protected site”…simply means the quality of being agreeable or pleasant. The Court must therefore have particular regard to any decrease in the pleasantness of the site or those features of the site which are agreeable from the perspective of the particular occupier in issue.’. Cited as authority multiple times since. 

• Zissis v Lukomski, Court of Appeal (2006) leading authority: A rare appeal of an award of a Party Wall Surveyor and the authority for the correct process to be followed in bringing an appeal. Authority for the proposition that ‘Part 52 was intended to cover a form of statutory appeal like that under section 10(17) and that the provisions of Part 52 are amply sufficient to allow justice to be done on such an appeal.’ Officially reported. 

I've also acted as solicitor with conduct in countless cases that were not reported or didn't reach trial, giving me relevant key experience in TOLATA, constructive trusts, international contract disputes, freezing orders, data theft, property injunctions, passing off and IP, nuisance, property damage, structural trespass, misrepresentation, specific performance, express and prescriptive easements, rescission, leasehold enfranchisement, land grabs, 1954 Act renewals, dilapidations, disrepair, unlawful evictions, disappointed beneficiaries, proving and challenging wills, rectification, restitution and unjust enrichment, housing and homelessness, harassment, franchises, partnerships, agricultural tenancies, sitting tenants, professional negligence, individual and corporate insolvency, EU procurement, mental capacity, and probably more that have faded from memory (but have not had the pleasure of personal injury, clinical negligence, family law, or employment).