Anthony Katz

Nguyen v Nguyen Central London County Court, 17 March 2022 – Shortly before the COVID pandemic the Defendant purchased the Claimant’s business (a salon and nail bar in Chiswick, London) for £120,000. Notwithstanding that the assignment of the lease had not completed, payment was made and the Defendant commenced trading. Negotiations to complete the assignment stalled and the Claimant sought possession alleging the Defendant was a mere licensee. The week prior to the start of a 4-day multi-track trial settlement was reached on all issues save for costs. The reason costs could not be agreed was that both sides declared a victory: under the settlement the Defendant was the ‘paying party’, however, the Defendant remained in occupation. The court found the Defendant to be the ‘successful party’ for the purposes of costs and awarded costs of £135,000.

F v RT [2021] – Property portfolio of 19 flats – Icelandic company – express trusts – profit sharing – power of sale

LB v MR Ltd [2019] – Business tenancies – nightclub – company in occupation – controlling interests – shareholder agreement

Hipwell v Szurek [2018] EWCA Civ 674 – Court of Appeal examined the basis upon which a term can be implied into a commercial lease notwithstanding that the lease contained entire agreement and non-reliance clauses. This decision has attracted significant attention due to the significance for commercial landlords and general contract law.

Harris v London Borough of Hounslow [2017] EWCA Civ 1476 – Mandatory grounds for possession – date of service – public law defence.