Case Studies

Blackstone win compensation for developer’s lost profits against Network Rail

House Maker (Padgate) Ltd v Network Rail Infrastructure [2022] EWHC 1482 (TCC)

In a much-publicised case, Blackstone Solicitors represented the Claimant in a claim for a lost profits against Network Rail with the concept of "measured duty" being developed and defined in this case. Our client, House Maker (Padgate) Ltd owned a site adjoining land owned by Network Rail Infrastructure. When a drain at the site collapsed, Network Rail already knew that the site needed new drains and that the process of improving the site had been set back and delayed. The neighbouring property flooded because of National Rail’s drainage issues.

Redevelopment of the adjacent property into residential units was scheduled to begin once the drainage issue was fixed. After the developer filed legal action against Network Rail, the delay in construction was extended by a further two years while the latter made necessary repairs and improvements to the drains.

The court ruled that if Network Rail had addressed drainage problems sooner, construction could have begun when originally intended. Although Network Rail was made aware of the flooding, they did not make fixing or replacing the problem a top priority. The delay cost the developer money, but with the legal help of Blackstone Solicitors, it successfully sued for damages.

Outcome: Blackstone Solicitors were successful in recovering a substantial 6 figure sum, loss of profit and legal costs for its client who also still retains the land and is free to now commence its planned development.

Successful win after 3 day Trial in High Court

Blackstone Solicitors represented the Claimant in a claim for a declaration as to the ownership of a freehold interest in a property owned by the Claimant. The arguments raised by the Claimant were that she had been fraudulently deceived by the First Defendant as to the nature of the documents she signed, which resulted in the transfer of her only property and home to the First Defendant. The Claimant sought rectification of the ownership at the land registry and an order for possession.

Outcome: Blackstone Solicitors were successful in the entire claim and obtained indemnity costs against the First Defendant

Successful Defence of Application for Injunctive Relief

The Landlord of a property containing a number of units let on an individual basis required possession of the property in order to undertake significant remedial works. The landlord served notice on the tenants, one of which, without any prior warning or communication, issued an application for injunctive relief to stop the Landlord obtaining possession. The tenant in question was in rent arrears and the Landlord was therefore at liberty to forfeit the lease in any event.

Outcome: We successfully defended the application and recovered the Landlord’s costs of the application.

Successful Claim for Breach of Contract

Successful claim for breach of four oral contracts and £42,0000 damages awarded to our client plus legal costs.

Relief from forfeiture or trespass on the tenant’s property?

Blackstone Solicitors represented the Tenant in an application for injunctive relief to obtain possession of a property upon which the Landlord had allegedly exercised his right of forfeiture. It was contended that the landlord had no right to forfeit the lease as no breach had occurred and, in any event, no notice in accordance with Section 146 of the Law of Property Act had been served. The Landlord had therefore trespassed on the tenant’s land in attending the premises and changing the locks.

Outcome: Blackstone Solicitors were successful in obtaining an injunction to enable the tenant back into the property.