David Marsden

Recent Work

Landlord and Tenant

Management Orders/Appointment of a Manager

• Octagon Overseas Limited & Others v Mr Sol Unsdorfer & others [2023]: Successful in establishing that a manager appointed under Part II LTA 1987 cannot be an AP for the purposes of the Building Safety Act 2022
• Unsdorfer v Octagon Overseas Limited & Others [2023] UKUT 137 (LC): acting for the landlord in an appeal by the manager of the mixed-use estate against a decision of the First-tier Tribunal which prevented the manager from charging their legal fees to the commercial tenants. The appeal was dismissed, and the landlord was successful.
• Octagon Overseas Limited & Others v Coates [2016] UKUT 470 (LC): acting for the landlord of a mixed-use estate in an appeal to the Upper Tribunal relating to the wording of a management order.

Contractual Obligations

• Canary Riverside Estate Management Limited & Ors v Alan Coates with Circus Apartments Limited as Intervenor [2023]: a successful application for an order for specific performance, pertaining to a contractual obligation for a s24 tribunal-appointed manager to disclose copies of documents to the Landlords.

Dilapidations

• Blue Manchester Limited v North West Ground Rents Limited [2020] EWHC 2777 (TCC): the Defendants applied to vary the specific performance that was ordered in the earlier trial. The Claimants successfully obtained a judgment refusing the application.
• Blue Manchester Limited v North West Ground Rents Limited [2019] EWHC 142 (TCC): Listed by the Estates Gazette as one of the Top 10 cases of 2019, a successful major dilapidations claim by a tenant of a hotel against a freeholder, obtaining specific performance ordering the freeholder to carry out repairs.

Unreasonably Withholding Consent

• No1 West India Quay (Residential) Limited v East Tower Apartments Limited [2018] EWCA Civ 250: a successful appeal to the Court of Appeal, defending a landlord on a refusal of consent.  This is the only case in this area in a residential context.

Interpretation of Lease Provisions

• Wallace Estates Limited v Blue Liverpool: a successful action relating to the interpretation of insurance provision in a lease and what is a reasonable percentage for a tenant of a hotel to pay.
• Canary Riverside Estate Management Limited v Coates [2017] UKUT 190 (LC): a successful appeal to the Upper Tribunal relating to the effect of a Management Order on a landlord’s obligation to insure an estate, and its effect on banking covenants.

Injunctions

• HML PM Limited v Canary Riverside Estate Management Limited & another [2019] EWHC 3496 (QB): successfully defending an injunction brought by a property manager trying to suppress documents about his alleged lack of independence.
• Octagon Overseas Limited v Coates [2017] EWHC 877 (Ch): a successful appeal of an injunction brought by a residential property manager against a landlord for access to an estate.
• Numerous freezing injunctions and committals.

Property Fraud

• Jones v Hamilton (acting through his Trustees in Bankruptcy) [2023] EWHC 1216 (Ch): successfully proved contempt of court by breaching court orders including a worldwide freezing injunction resulting in the other party being committed to prison.
• Jones v Hamilton [2018] EWHC 3435 (Ch): successful account and inquiry into substantial commission owed (including hidden loan waivers) relating to a sale of a plot in Luxembourg for over €100 million.
• Jones & Another v Hamilton [2017] EWHC 1065 (Ch): acting for various offshore companies in a complex property fraud involving assets in UK, France and Guernsey.  The opposing party had wrongly used electronic signatures on documents.
• Khan v Rehman [2007] All ER (D) 343 (Mar): a 16-day High Court trial involving allegedly fraudulent transactions (forged signatures) on a portfolio of properties, defending the subsequent appeal and conducting the litigation arising from it

Property Insolvency

Administrations

• Fitness First Clubs Limited [2023] EWHC 1699 (Ch): acting for a landlord opposing Fitness First’s restructuring plan.
• Lazari Investments v Saville & Ors) [2015] EWHC 2590 (Ch): acting for the successful landlord in a  cases on rent and forfeiture in the administration of Strada.
• Lazari GP Limited v Jervis [2012] EWCA 1466 (Ch): acting for the successful landlord in a high-profile cases on rent and forfeiture in administration of Game.

CVA’s

• Lazari Properties 2 Limited (and others) v New Look Retailers (and others) [2021] EWHC 1209 (Ch): acting for landlord Lazari Properties 2 Limtied in challenging New Look Retailer’s CVA on grounds of jurisdiction, material irregularity and unfair prejudice.
• Prudential Assurance Co Ltd & Ors v PRG Powerhouse Ltd & Ors [2007] EWHC 1002 (Ch) – advising on the high-profile restructuring of the portfolio of a national retail chain by way of a CVA and the subsequent challenge.