The Legal 500

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Enterprise Chambers

Chambers of Ian Mayes QC

9 OLD SQUARE, LINCOLN'S INN, LONDON, WC2A 3SR, ENGLAND
Tel:
Work 020 7405 9471
Fax:
Fax 020 7242 1447
DX:
301 LONDON CHANCERY LANE WC2
Email:
Web:
www.enterprisechambers.com

Recent Notable Cases include:


RIVERSIDE PARK LTD v NHS PROPERTY SERVICES LTD (2016) [2016] EWHC 1313 (Ch)
Zia Bhaloo QC acted for the successful landlord is a claim that demountable partitions were chattels rather than fixtures, and that a failure to remove them was a failure to give vacant possession.


Zia Bhaloo QC acted for the First Respondent in the Supreme Court in Lynn Shellfish Ltd v Loose [2016] UKSC 14, which concerned the extent of an exclusive prescriptive right to take shellfish from a stretch of shore on the eastern side of the Wash.


Edward Cohen appeared in Rosserlane Consultants Limited & Anor. V Credit Suisse International [2015] EWHC 384 (Ch): acting for Claimants in multi million dollar damages claim against a bank arising out of the sale of an oilfield in Azerbaijan (2014/2015).


Caroline Hutton appeared in Freifeld v West Kensington Court Limited [2015] EWCA Civ 806 :an important decision on relief from forfeiture in a commercial case. A very long leasehold reversion of 7 retail premises was forfeited for unlawful renewal of a sub-lease and relief from forfeiture refused on grounds of deliberate breach and other bad conduct on the part of the lessee at first instance a decision which was overturned on appeal. The Court of Appeal, approving Southern Depot Co Ltd v BRB [1990] 2 EGLR 39, held that a deliberate and irremediable breach was merely one of the factors to be taken into account in the exercise of the equitable jurisdiction to relieve from forfeiture. However, relief was granted only on condition that the lease was to be assigned within a specified time by sale at auction and subject to the lessor's consent not to be unreasonably withheld. The lessor's costs of both the trial and the appeal were ordered to be paid on the indemnity basis.


James Barker represented Bank of Scotland in bringing claims against four individuals in an attempt to recover significant loans made to them and their business.


Geoffrey Zelin acted for the claimaint in ORIENTFIELD HOLDINGS LTD v BIRD & BIRD LLP (2015) [2015] EWHC 1963 (Ch)a solicitors’ negligence case arising out of failure to advise client as to the results of a Plansearch report which should have alerted the solicitor to the existence of a planned major development in the neighbourhood. The purchaser pulled out when she found out about the development a few days before the completion date.


THE LEGAL 500 UNITED KINGDOM 2016
Notable cases


Re Elichaoff: Roberts v Woodall [2016] EWHC 538
In the recent High Court decision of Re Elichaoff [2016] EWHC 538 James Pickering represented a trustee in bankruptcy seeking to (1) declare void an order for ancillary relief made by consent within divorce proceedings and (2) step into the bankrupt husband’s shoes and pursue for the benefit of the bankruptcy estate the financial provision which the husband ought to have received at an arm’s length contested hearing.


Edward Francis appeared in Buildstamp v Kingsview Solutions, a case concerning a conditional contract relating to the sale of a development site adjoining the London Olympic Park.


Ryan v. TIUTA International Limited (in creditors voluntary liquidation) [2015] BPIR 123: Simon Johnson was sole counsel in successful application to set aside multi-million pound statutory demand against guarantor on the basis of the availability of cross-claims and allegations of duress by lawful acts.


Kavan Gunaratna appeared in Tailby v HSBC Bank plc, successfully representing HSBC in a case arising out of the ÂŁ5m insolvency of the Park Group Care Homes network.

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