Partner Paul Greatholder acted for Norfolk Square (Northern Section) Limited, a company that owns one half of a large London square. Four properties on the square were let to a hotel company on four identical leases. In February 2017 Norfolk Square obtained an order for possession of the hotel properties on the basis that the hotel had breached the terms of its leases and should not be granted new leases. In the course of the trial the judge was highly critical of the hotel and its representatives.
The hotel company appealed the possession order on the sole ground that the judge's criticisms at trial would have suggested to a neutral observer that the hotel company did not get a fair trial. Given the nature of the appeal the appeal judge was obliged to re-read the whole trial and listen to official recordings of the original judge to form an opinion on how she managed the trial.
On 12 October judgment was given and the appeal was dismissed. The hotel's leases will come to an end on 2 February 2019 and the hotel has been ordered to make an interim payment towards costs of £84,000 within 21 days.
Paul is a partner in the property and housing litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.