Recent Property & Chancery Cases

Recent Property & Chancery Cases

LATEST NEWS - Commercial update: Paying off another’s secured loan - equities of exoneration

20th April 2017

Where property is jointly owned, and one of the owners pays off a secured loan taken out for the sole benefit of the other, an ... read more

 Recommendations
undefined

David Berkley QC and Louise Worton are recognised for their expertise by the Chambers & Partners UK Bar Directory 2017.

Chancery - Northern (Bar) - Band 2

David Berkley QC of 3PB Barristers
Has more than 20 years' experience in chancery work. He is known for commercial property disputes, employment, professional negligence and regulatory law.
Strengths: "A very nice chap; he is a very eloquent speaker with good advocacy skills." 

Chambers & Partners UK Bar Directory 2016.

Real Estate Litigation - South Eastern (Bar) - Band 2


Louise Worton of 3PB Barristers
Strong junior who handles property matters within her broader chancery practice. She specialises in landlord and tenant matters, advising both residential and commercial clients.
Strengths: "Exceptional barrister with fantastic advocacy skills. Her written work is always extremely helpful." "She speaks in plain English, and has an ability to break down extremely complex issues into simple language."
Recent work: Successfully acted for the landlord in Chaplair Limited v Kumari, a Court of Appeal case concerning recovery of legal costs under the terms of a lease.







The Legal 500 - The Clients Guide to Law Firms

Legal 500 Bar Directory – Rankings For 2016
Recommendations and Quotes

REGIONAL BAR: South Eastern Circuit

Andrew Sheriff - He has an eye for detail, and an excellent ability to communicate with solicitors and clients.
Louise Worton - Approachable, knowledgeable and quick on her feet.

Legal 500 Bar Directory – Rankings For 2015
Recommendations and Quotes

REGIONAL BAR: South Eastern Circuit

Property – Leading juniors
Andrew Sheriff - He has a very pragmatic approach, and finds clever solutions to disputes
Louise Worton- She provides practical advice, and is very likeable

Legal 500 Bar Directory – Rankings for 2014
Recommendations and Quotes

REGIONAL BAR: SOUTH EASTERN CIRCUIT
Ranked as a leading set Tier 2 in the South Eastern circuit and Western Circuit

PROPERTY – LEADING JUNIORS
3PB’s property team has recently handled a significant amount of insurance-backed work involving residential property disputes. Members have also dealt with a number of Land Registry adjudications.

Andrew Sheriff - 3PB ‘A commercial barrister, with good client handling skills.’

REGIONAL BAR: WESTERN CIRCUIT

PROPERTY
3PB’s property team has experience in litigation relating to residential and commercial tenancies. Gavin Hamilton recently represented the claimant in a professional negligence case relating to the nature of a surface water drainage system.

Gavin Hamilton - 3PB ‘Thorough, tactically astute and knows the subject inside out.’


The Legal 500 Directory 2013/14 recommendations include:

“3PB is a well regarded annex” on the South Eastern Circuit.

Recognised for their Commercial and Chancery expertise, “3PB’s James Davies is recommended for commercial disputes and insolvency matters”.

“Annexes on the (Western Circuit) circuit include the highly regarded 3PB”.

Ranked on the Western Circuit for their commercial, insolvency and property experience, “At 3PB, Gavin Hamilton is noted for his ‘meticulous attention to detail’. Insolvency specialist Victoria Jones is also recommended”

Chambers and Partners UK Bar Directory 2014/2015

Real Estate Litigation – London Bar – Band 5

“The commercial disputes team (on the South Eastern Circuit) at 3PB has a strong reputation across a range of areas, including commercial property transactions, professional negligence, construction and insolvency.”

Andrew Sheriff “handles sale of goods and supply of services issues, and contracts of guarantee and indemnity. He has particular expertise in contractual disputes” and "He has outstanding attention to detail, cuts to the chase very quickly, is good at cross-examination, handles witnesses well and has great authority in the courtroom." "He's very user-friendly and approachable, and speaks in a language that clients understand."

The clerking service was recommended by Chambers and Partners UK Bar Directory:

“This large set is spread across five locations: London, Bournemouth, Bristol, Oxford and Winchester. Commentators report that chambers manages to maintain the same universally high client service across all five locations. 3PB sets out to provide its clients with a comprehensive, fast and skilled advocacy and advisory service, and clients happily report that “they do exactly what it says on the tin.” One even noted that “the quality of service and client care is so good it’s one of the key reasons we keep going back to them.” The clerking team receives the bulk of the praise, with commentators finding that “the clerks are proactive and easy to work with.”

And

3PB’s clerks were also recommended"I have found that the 3PB clerks are very responsive and they have always found a barrister to assist me when the matter is urgent." 


Valencia v Llupar [2012] EWCA Civ 396
The Court of Appeal held that negotiations to enter into a partnership agreement were 'subject to contract' and that no partnership at will arose. The money paid by the Respondent to the Appellant ought to be returned under the principles of unjust enrichment.

Bates v Microstar No. 2 LTL 4/7/2000 CA

Dutta v Hayes - [2012] EWHC 1727 (Ch)
The High Court construed the terms of a right of way over a track which was reserved for agricultural use only. The court held that the Defendant's use of the track for the purposes of a stud farm fell outside of the definition of 'agricultural'. Jamal appeared for the successful Claimant.

Edward Kingston Limited v Beechey v Glass [2011]
Damages arising from disrepair. Dispute between leaseholder and freeholder as to responsibility for balcony. Interpretation of lease.

Freehold Nominees Ltd v Hasan [2011]
Service charges. Whether lack of payments from tenants entitled owner to provide reduced service. Whether contractual provisions overrode small claims costs provisions.

Morgan v Basford [2012]
Nuisance, rule in Rylands v Fletcher. Extent of damages caused by publican discharging septic tanks on nearby agricultural land.

Patel & Anr v Keles & Anr - [2010] Ch 332
Jamal successfully represented the Respondent Tenants in their Landlords' appeal concerning the renewal of a business tenancy. The Court of Appeal considered for how long a landlord must intend to occupy premises so as to satisfy the requirements of s.30(1)(g) of the Landlord and Tenant Act 1954 when opposing a tenant's application for a new business tenancy. The appeal was against an earlier decision also obtained by Jamal from HHJ Cowell in the Central London County Court.

Piper Trust Ltd v Caruso (UK) Ltd (Land Registry Adjudication, Ref: 2009/0623)
A Land Registry Adjudication concerning the extent to which the LRA 2002 permits the retrospective rectification of interests so as to take priority over competing interests granted between the original error and the date of rectification. Jamal successfully opposed an application to rectify the register following a fraud perpetrated by the freehold proprietor.

Sloggett v Perry LTL 25/5/00 CA

Station Garage (Rayleigh) Ltd v London Eastern Railway Ltd
A five-day trial on the preliminary issue of a business tenancy renewal arising from the privatisation of British Rail and raising complex issues of forfeiture, construction of a lease, flying freeholds and tenant fixtures.

Stern v Lawnpond - [2009] EWHC 268 (Admin) [2009] All ER (D) 320 (Jul)
An appeal to the High Court confirming that no binding agreement had been reached between the parties on the rent due under a tenancy. The case establishes that it is impermissible to equate a rent for a quarterly tenancy with a rent of one third of that amount for a monthly tenancy.