Case studies

We are pursuing a claim arising from a consultant ophthalmologist's failure to recognise signs of wet age-related macular degeneration and to advise our client on the treatment options available.

We acted for an overseas bank in relation to a legal charge over two commercial properties in Barking which are valued together at approximately £6 million. The mortgagor company entered liquidation; the bank had been in dispute with the mortgagor over the grant of a lease of one of the buildings without the bank's consent in breach of the charge. Possession proceedings were successfully pursued against the unlawful occupier and the bank appointed an LPA receiver. Negotiations have been ongoing with the liquidator as to the sale and removal of assets and the delivery up of both properties, so that the bank can sell or let them.

We acted for the owners of a property over which a claim was made for grazing rights (profits à prendre). The neighbouring landowners own a farm used for rearing polo ponies. They claimed grazing rights over our clients' land during the spring and summer months. If the claim had been successful, our clients would have been severely constrained in the use of their land.

Our lawyers advised on assignment issues relating to a lease held by an old style solicitors' partnership post K/S Victoria Street v House of Fraser.

Our Real estate litigation team was asked to take over handling the exercise of an option. The tenants were being met with considerable delays from landlords who had no interest in selling a valuable income producing asset. The whole process had become unnecessarily complicated with threats of litigation and a pending arbitration.

A group of institutional investors engaged us to secure vacant possession of some residential flats above a large block of commercial and retail premises on a well-known London high street.

Our specialist lawyers advised tenants and guarantors of various properties in different funds on negotiations with a group of Regus companies over applications to assign and re-gear leases. This involved close liaison with other solicitors to ensure a coordinated response.

Our Real estate litigation team advised a major UK fund on service charge issues and other arrears exceeding £1 million, arising out of the insolvency of a bank holding three leases in a landmark Manchester office building.

We acted for the landlord on a contested break notice for a lease of a vacant distribution warehouse. Alleged structural defects to the building’s foundations meant that the tenant had difficulties in complying with its repairing obligations, and this led to disputes over the extent of works necessary to operate the break clause. Proceedings were also issued against the construction team responsible for the original design and the work involved coordinating those proceedings with the landlord and tenant matters.

We advised landlord clients on the procedures adopted by a chartered surveyor appointed by the President of the RICS to act as an expert to determine rent payable on a rent review of a West End office block.

A family property company was selling off property and distributing capital to the family. One of the directors agreed a nil rent increase with a tenant without reference to the purchaser, prompting a claim for loss. The company was being wound up and the liquidator was prepared to accept the claim in full.

Our Real estate litigation team advised the potential purchaser and its bankers Rothschild on negotiations to purchase businesses from administrators/receivers where there were major concerns about the validity of charges over properties and the ability of the administrators/receivers to sell those real estate assets.