This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Cases James Ballance

The Wellcome Trust Ltd v Soni & Ors (2018)

Judgment Date: 20 Apr 2018

A freeholder who was entitled to the forfeiture of the lease on a flat was granted a writ of restitution in respect of a writ of possession which had been stayed on the application of defendants who had failed to attend court on numerous occasions, were using the court's processes to engineer delay to their own advantage and had no prospect of successfully challenging the writ of possession.

View case

Members
James Ballance

Practice areas
Real Estate

Doberman & Gilbert v Watson & 11 ors (2017)

Judgment Date: 19 May 2017

The court refused to strike out an action in which the owners of a plot of land had sought a declaration, pursuant to the Law of Property Act 1925 s.84(2), that the land was no longer affected by a restrictive covenant. A decision by the Lands Tribunal refusing an earlier application by the claimants' predecessor in title for discharge of the covenant did not give rise to an estoppel per rem judicatam, either by way of cause of action estoppel or issue estoppel, and there had not been an abuse of process.

View case

(1) Susan Michele Doberman (2) Robert Harvey Gilbert v Arthur Thomas Watson & Karen Watson & 11 Ors (2017)

Judgment Date: 03 May 2017

The court refused to strike out an action in which the owners of a plot of land had sought a declaration, pursuant to the Law of Property Act 1925 s.84(2), that the land was no longer affected by a restrictive covenant. A decision by the Lands Tribunal refusing an earlier application by the claimants' predecessor in title for discharge of the covenant did not give rise to an estoppel per rem judicatam, either by way of cause of action estoppel or issue estoppel, and there had not been an abuse of process.

View case

Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels (An Unlimited Company) & 11 Ors (2014) (CoA)

Judgment Date: 05 Sep 2014

A judge's construction of a clause in a lease agreement which would have required an assigning tenant not merely to procure a new guarantee but also a new guarantor was incorrect. The judge was correct to regard the whole of the proviso in the clause as being avoided by the Landlord and Tenant (Covenants) Act 1995 s.25(1).

View case