Notable Residential Property Litigation cases
Wilson V Evans [The County Court at Romford, September 2022]. Successfully defending a claim for misdescription on the sale of a residential property said to be infested with Japanese Knotweed. Successful at trial, claimant ordered to pay all the defendants’ costs. Case dealing with the TA6 document (Property Information Questionnaire) used in standard residential conveyancing. Demonstrated specialist knowledge of CPR Part 35 and the use of experts.
Acting for a client hedge fund which had purchased a shopping centre/office block which was subject to “concrete cancer” which the surveyor had missed. Successfully brining a claim to recover damages for breach of contract and/or negligence.
Acting for the owner of a 52 flat block to recover possession of it from a social landlord and obtaining compensation for damages for loss of use and physical damage to the premises.
Acting for a developer where a block of flats was fire damaged and there was no valid insurance effected on the property. Property insurance had been in the course of renewal via brokers, a successful action was brought against the brokers for compensation and a full recovery made.
Acting for a national corporate client with a very substantial portfolio of leasehold properties (1600) where one of its leasehold properties was said to have lost renewal rights under the 54 Act. Issuing proceedings to correct the loss of renewal rights, negotiating and concluding a 54 Act renewal of the said premises on best terms possible. Subsequently being instructed to recover losses incurred from the solicitors that had acted.
Acting for a commercial freeholder of a large industrial estate in respect of adverse possession, rights of way, development rights and rent recovery. The defendant was based in Scotland, jurisdictional issues were successfully dealt with, and favourable settlement reached after mediation.