Daniel Bromilow

Overview

• Harbour Estates Ltd v. Charania [2009] EWCA Civ 1123 - (Court of Appeal decision on the recovery of commission by estate agents in light of the decision in Foxtons Ltd v. Pelkey Bicknell)
• Stimpson v. Southern Private Landlords Association [2009] EWHC 2072 (Ch) - (application for permission to bring proceedings in the name of a company)
• Piper v. Wakeford [2008] EWCA Civ 1378 - (Court of Appeal decision on a boundary dispute case concerning the admissibility and relevance of extrinsic evidence in light of the decision in Ali v. Lane)
• Shah v. Colvia Management Co Ltd [2007] EWHC 3343 (Ch) - (case regarding the reasonableness of parking regluations proposed to be introduced at a mixed-use industrial estate)
• re Wylde (2006) 1 WLR 2674 - (liability for costs of Claimants in a contested probate claim who discontinued their claim, in which they alleged that a Will was invalid)
• Slamon v. Planchon [2005] Ch 142 - (resident landlord exception in the Leasehold Reform Housing and Urban Development Act 1993 following the amendments introduced by the Commonhold and Leasehold Reform Act 2002)
• Stamp v. Tibbs, [2004] All ER (D) 182 (Nov) - (claim by land agent for a share of the proceeds of a profitable land transaction)
• Montgomery v. Wanda Modes Ltd (2002) 1 BCLC 289 - (relevance of counterclaims and cross-claims in a disputed winding up petition)
• St. Albans Court v. Daldorch Estates, Times, 24 May 1999 - (procedural aspects of a claim against directors of a company alleging breach of fiduciary duties)

• King v. Grove [2011], Lands Tribunal - (application fr the discharge and modification of restrictive covenants)
• Bank of Scotland v. Formula Two Ltd [2011], Dartford County Court - (restitutionary claim to recover monies paid under a mistake of fact)
• Finsbury Park Business Forum v. Finfuture [2011], Mayors and City County Court - (successful claim for an injunction in faovur of an evicted commercial tenant)
• Dynamic Web Ltd v. Debaff Holdings Ltd [2011], Haywards Heath County Court - (claim by landlord of commercial premises for service charges, raising issues of the proper construction of the lease)
• Glengall Bridge Management v. Dowlands [2011], Leasehold Valuation Tribunal - (application to the LVT successfully struck out on grounds that the applicant had no standing to bring the application on grounds of bankruptcy)
• Langley v. Langley [2011], Chancery Division - (application for the replacement of an executor)
• Conway v. McPherson [2011], Willesden County Court - (claim concerning the alleged non-payment of sums due in relation to a construction contract)
• Habibsons Bank Ltd v. Shahzad [2011], Bow County Court - (a case concerning the right of a mortgagee to take possession without issuing proceedings)
• Clark v. Williams [2010], Kingston County Court - (existence of an easement for the passage of a boiler flue and alleged interference with the easement)
• Howie v. Packamist [2010], Leasehold Valuation Tribunal - (5 day LVT hearing concerning service charges, the appointment of a managing agent and variations to a lease)
• re Landsdowne Gardens [2010], LVT - (LVT application concerning whether or not restrictive covenants should be imposed on collective enfranchisement of a block of flats)
• Fincham v. Trustees of Walberswick Common [2010], Adjudicator to the Land Registry - (a case concerning the existence of an easement acquired through prescription)
• Wood v. The Official Custodian of Charities [2010], Clerkenwell and Shoreditch County Court - (the validity of a counter-notice served in response to a claim to extend a long lease of a flat)
• Clayson v. Ogden [2010], Bournemouth County Court - (a forfeiture claim concerning the breach of repairing obligations in a lease of a flat and whether or not the lease qualified as a long lease)
• Khan v. Saunders [2009], Croydon County Court - (claim by a husband on the basis that his wife had forged his signature on documents giving effect to a sale and leaseback agreement against the successor in title to the original purchaser)
• Basson v. Hewson [2009], Mayor's & City of London County Court - (wide-ranging claim involving allegations of interference with drainage easements, nuisance, breaches of the Party Walls etc. Act 1996 and the obligation of a landowner to maintain a right of way)
• Avoncrest v. Goodview [2009], Leasehold Valuation Tribunal - (determination of a tenant's liability to pay service charges turning on the proper interpretation of the relevant provisions of the lease with regard to the maintenance of party walls)
• Streeter v. Streeter [2009], Chancery Division - (application by executor for directions regarding the implementation of a Tomlin Order and in particular for directions regarding the incidence of costs)
• Ely Grange Management Ltd v. Coe [2009], Tunbridge Wells County Court - (claim by a management company for sewage treatment charges brought in restitution on grounds of free acceptance of services)
• Grosvenor Pines Freehold Ltd v. Gates [2009], Southern LVT - (application for determination of the terms of acquisition in a collective enfranchisement claim and, in particular, whether or not restrictive covenants sought to be included by the freeholder should be incorporated into the transfer)
• Le Maitre Ltd v. Thomas, Chancery Division [2008] - (successful application for search order following an unlawful attempt by a former employee to sell his former employer's confidential information)
• Brock v. Packamist Ltd, Leasehold Valuation Tribunal [2008] - (acting for a landlord in relation to a claim by tenants that service charges were unreasonable. Of the eleven items challenged, the tenants succeeded only partially on one)
• Cantrell v. Carpenter, Luton County Court [2008] - (a claim seeking a declaration that the grant of an easement was ineffective as conferring no practical benefit on the dominant tenement and/or that interference with the right of way was not actionable as it did not amount substantial interference)
• Wasu v. Royal Bank of Scotland, Watford County Court [2008] - (successful application for pre-action disclosure against the Royal Bank of Scotland)
• Harbour Estate Ltd v. Charania, Central London County Court [2008] - (acted for a firm of estate agents in a claim for payment of commission, unsuccessfully resisted by the vendor on the basis that the estate agents had not introduced the purchaser to the transaction)
• Bowler v. Munir, Chancery Division [2008] - (successful application for a freezing order preventing the Respondent from disposing of a Bentley Continental GT car owned by the Applicant)
• Doyle v. Doyle, Chancery Division [2008] - (successful application to strike out a claim alleging breaches of trust and seeking the removal and replacement of trustees)
• Paul Helps Landscaping Ltd v. Scriven, Yeovil County Court [2008] - (successful claim by a builder for payment of outstanding sums owed to him)
• Wilkinson v. Healey, Guildford County Court [2007] - (boundary dispute involving removal of mature conifers involving, in particular, argument as to the proper quantum of loss)
• Ditta & Woods v. McBarnett & McBarnett, Reading County Court [2006] - (claim based in proprietary estoppel and constructive trust arising out of a promise to sell a house to a family member)
• Castellan Group v. Crewe Engines, Arbitration [2006] - (claim relating to alleged poor workmanship in the rebuilding of a vintage Mercedes car engine)
• Maw v. Wheatley, Milton Keynes County Court [2006] - (claim by tenants seeking repayment of service charges under section 20B of the Landlord and Tenant Act 1985)
• Crichel Estates v. Metcalf, Southampton County Court [2006] - (claim by landlord for possession of a house let on a 20 year protected tenancy by virtue of the tenant's failure to repair)
• Hastings Borough Council v. Ravenclaw, Hastings Magistrates Court [2006] - (application by local authority for an order under section 77 of the Building Act 1984 to close Hastings Pier on the basis that it was unsafe)
• Watson v. Ravenclaw, Chancery Division [2006] - (application by tenants of commercial units on Hastings Pier to restrain their landlord from preventing them gaining access to their premises)
• Payne v. Payne, Central London County Court [2006] - (claim under the Inheritance (Provision for Family and Dependents) Act 1975 by an adult child)
• Cinquini v. Gallone, Chancery Division [2006] - (claim by shareholder in family firm seeking to challenge the appointment of a new director on the grounds of procedural irregularities)
• Qualys v. Digi-Sign, Chancery Division [2005] - (application to restrain advertisement of a winding up petition on the basis that the petitioner was not a creditor of the company)
• Creaby & Dardis v. Saunders Bearman, Central London County Court [2005] - (claim by prospective purchasers of a property for repayment of monies held on account by the vendors' solicitors pursuant to an abortive exclusivity agreement)
• Brockhall Village Ltd v. Berg, Newcastle County Court [2005] - (a claim concerning the effect of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 on a partially-completed sale of land)
• Callcott Holdings v. Tandon, Leasehold Valuation Tribunal [2005] - (claim by tenant that service charges on residential flat were unreasonable)
• Tangye v. Ap'Simon, Chancery Division [2005] - (extent to which executor was entitled to recover his expenses incurred in the administration of the estate and to which he was entitled to charge for his time)
• Bell v. Bell, Chancery Division [2005] - (application for freezing order in order to secure assets misappropriated by an executor)
• Roche & Co v. Puvanesan, Mayor's and City County Court [2005] - (liability of former employee of a firm of solicitors to account for fees on the basis of wilful default)
• Shinn v. Baines, Luton County Court [2004] - (claim involving an allegedly defective F1 Stock car race engine)