Publications: Recent Property Cases


CVAs after the Debenhams Decision. Stephen Jourdan QC, Falcon Chambers

CVAs after the Debenhams decision A note by Stephen Jourdan QC for the Property Litigation Association 31 October 2019 Introduction In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, […]

6th Nov 2019 Publications Read more


This is an interesting and entertaining Judgment in which the Defendant, the renowned architectural practice established by Norman Foster, the internationally acclaimed leading architect, was found liable in damages for breach of contract in the sum of £3,604,694.36 plus interest and legal costs. The High Court held that the Defendant acted in breach of its […]

18th Oct 2017 Recent Property Cases Read more

Sit up and take notice! Partridge v Gupta

SIT UP AND TAKE NOTICE by Ben Maltz and Zachary Kell September 2017 Introduction On 15 August 2017, Foskett J. handed down judgment in Partridge v Gupta [2017] EWHC 2110 (QB) – a case that centred on the interpretation of CPR r.83.13(8), which prescribes the applicable procedural requirements when a claimant wishes to enforce a […]

28th Sep 2017 Recent Property Cases Read more

Williams & Waistell v Network Rail Infrastructure Ltd

Japanese Knotweed (“JKW”) was introduced to the UK in the mid-19th Century as it was popular with landscapers because of its ability to grow quickly and form dense screens. But it was soon realised it was a pernicious weed that out-competed other flora – yet it was still sold at garden nurseries until the 1930s. […]

9th Jun 2017 Recent Property Cases Read more

Newbigin v Monk

On 1 March 2017, the Supreme Court decided that property owners seeking to carry out refurbishments can claim business rates relief. The Supreme Court has reversed the Court of Appeal decision in Newbigin (VO) v S J & J Monk and reinstated the previously well-worn principle that premises should be valued for the purposes of […]

2nd Mar 2017 Recent Property Cases Read more

R Owers & N Owers v K Bailey

The Message Householders are awarded damages and an injunction against their neighbour for interfering with their right of way. 

The Case This case arose out of a dispute between the Owers and Bailey in relation to a track which lay between their properties. The owner of the track was unknown. Both Owers and Bailey claimed […]

15th Sep 2016 Recent Property Cases Read more

Unopposed renewal business tenancy cases to learn from

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row. The 3 cases are very different to the other but each provides valuable insight as to what happens if a case does reach Court. Of course, […]

27th May 2016 Recent Property Cases Read more