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Cases Timothy Harry

Popely v Popely (2020)

Judgment Date: 19 Mar 2020

The court considered the principles upon which a costs order might be made against a third party where it was said that he was the driving force behind the litigation, and further considered whether it was appropriate to make an order for costs against a trustee company which was a party to the proceedings, but did not wish to take, and did not take, any active part in them. Timothy Harry appeared for the trustee company which successfully resisted an order for costs being made against it. There has been no previous authority which has directly dealt with the issue of whether a trustee, joined as a necessary party to proceedings, but which takes no active part in them, can be held liable for the costs of them.

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Homes Of England Ltd v Horsham Holdings Ltd (2019)

Judgment Date: 31 Jul 2019

The court granted an interim injunction preventing property developers from refinancing a development without first paying back a loan from a petitioning company, where there was a seriously arguable case that the developers were conducting business which was unfairly prejudicial to the petitioner where flats had been taken off the market without being sold.

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Ohna v Goldberg (2014)

Judgment Date: 12 Nov 2014

A solicitor had acted negligently in failing to advise an investor that a bank guarantee did not form security for a €3 million investment.

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Bank of Ireland v Philip Pank Partnership (2014)

Judgment Date: 12 Feb 2014

Where a solicitor had filed and served a costs budget on time, but failed to notice when signing it that the words "statement of truth" appeared next to his signature without the actual statement of truth being present, his error did not render the costs budget a nullity; it was a valid document which suffered only from an irregularity and CPR r.3.14 was therefore not applicable. The court commented on the importance generally of statements of truth.

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Mitchell v Watkinson (2013)

Judgment Date: 25 Jul 2013

A cricket club had had a tenancy without a lease in writing, meaning that the landlord's right of action for possession accrued on the determination of the tenancy in accordance with the Limitation Act 1980 Sch.1 Pt I para.5. Although the club had entered into a written tenancy agreement regarding the land, that agreement had not been with the freeholder; the fact that the freeholder had subsequently accepted rent payments, thus granting a lease by implication from conduct on the same terms as the written agreement, did not suffice to make the written agreement the relevant lease in writing.

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Members
Timothy Harry

Practice areas
Real Estate

Paratus AMC Ltd & RMAC 2005 NS1 Plc v Countrywide Surveyors Ltd (2011)

Judgment Date: 14 Dec 2011

In assessing the retrospective market valuation of a property a valuation method which relied upon comparable sales evidence obtained from the Land Registry for the period immediately prior to the historical valuation was to be preferred to one which primarily relied upon the application of a price per square metre to the floor area of the property.

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PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)

Judgment Date: 29 Jul 2010

A landlord who had successfully brought a dilapidation claim against its tenant and sub-tenant was entitled to recover 90 per cent of its costs against the tenant and all of its costs against the sub-tenant, as its approach to bringing the claim had been reasonable.

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PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)

Judgment Date: 13 Jul 2010

A landlord was entitled to damages for breach of repairing and reinstatement covenants from the head lessee and from the under lessee. The head lessee was entitled to damages for disrepair and failure to reinstate against the under lessee.

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Members
Timothy Harry

Practice areas
Real Estate

Westvilla Properties Ltd v Dow Properties Ltd (2010)

Judgment Date: 15 Jan 2010

A contract for the sale of land subject to a new lease was not void for uncertainty, despite the draft lease not having plans attached or a quantified service charge provision. The corrections that were required were clear and the court was able to make them.

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Members
Timothy Harry

Practice areas
Real Estate

Forty-Five Holdings Ltd v Grosvenor (Mayfair) Estate (2009)

Judgment Date: 16 Dec 2009

A leasehold valuation tribunal's decision that the development value of a property should be taken into account in assessing its marriage value upon enfranchisement was upheld.

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Members
Timothy Harry

Practice areas
Real Estate

J Alston & Sons v BOCM Pauls Ltd (2008)

Judgment Date: 28 Nov 2008

In order to succeed in a claim for adverse possession, an intention to infringe the rights of the paper owner was unnecessary; the claimant's recognition that he might have to go if asked to do so was not inconsistent with the requisite intention to possess.

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Lennox Lewis v Eliades & Ors (2005)

Judgment Date: 21 Dec 2005

There was nothing wrong with the judge's finding that the first defendant was the beneficial owner of a property. Therefore the claimant was entitled to set off rent payments in respect of that property against a debt owed to him by the first defendant; and the bare trustees of the property, who in their role as estate administrators had disputed the first defendant's beneficial entitlement, could not recoup their litigation expenses against money that they held on his behalf.

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Lord v Sinai Securities Limited (2004)

Judgment Date: 21 Jul 2004

A liquidator's application for relief on the grounds that a covenant by the company to make a substantial payment to compromise litigation arising out of a dispute over ownership of the company was a transaction at an undervalue was not dismissed at an interlocutory stage as there were real prospects of success.

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Jarvis Homes Ltd v Richard Marshall & Brenda Marshall (2004)

Judgment Date: 06 Jul 2004

The construction and/or use of part of a property as a roadway infringed a restrictive covenant contained in clause 2 of a conveyance which affected the property.

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Malekshad v Howard de Walden Estates Ltd (No.2) (2003)

Judgment Date: 19 Dec 2003

Unless a notice of claim for leasehold enfranchisement, which claimed too much or not enough, was amended appropriately, it would be invalid. The Leasehold Reform Act 1967 Sch. 3 para.6(3) made it clear that a necessary amendment to a notice could be refused and whether an amendment was allowed was a matter for the court, as was the question of the terms on which the amendment was to be allowed.

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Members
Timothy Harry

Practice areas
Real Estate

Collins v Howard de Walden Estates Ltd (2003)

Judgment Date: 16 Apr 2003

The claimant was entitled to acquire the freehold of two mews houses which together constituted a house reasonably so called and which were not divided vertically within s.2(1)(b) Leasehold Reform Act 1967.

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Members
Timothy Harry

Practice areas
Real Estate

Lloyds TSB Bank Plc v Edward Symmons (2003)

Judgment Date: 12 Mar 2003

A case of professional negligence against a valuer could not be established where he had attributed no value to theoretically lettable space as this had been his reasonably held opinion based on local market conditions. The valuation did not fall outside the appropriate range of permissible non-negligent valuations.

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Malekshad v Howard de Walden Estates Ltd (2002)

Judgment Date: 05 Dec 2002

A house and a mews flat linked by a basement and a door were not a single "house" for the purposes of s.1(1) Leasehold Reform Act 1967.

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Members
Timothy Harry

Practice areas
Real Estate

Rock Garden Limited v Covent Garden Market LP (2002)

Judgment Date: 24 Jul 2002

Whether commercial tenant had right of access to his demised property over landlord's property when landlord had failed to obtain a right of access to the demise.

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Members
Timothy Harry

Practice areas
Real Estate

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