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Janet Bignell

Called 1992
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Janet undertakes litigation, arbitration and advisory work in all aspects of real property and landlord and tenant law. She has been instructed in a number of the most high value and high profile development disputes of the last 5 years. Recent court cases have focused on the award of restitutionary damages for trespass, insolvency, professional negligence and rent review. A full list of reported cases is set out below.

Recent Cases

Stadium Capital Holdings (No 2) Ltd v St Marylebone Property Company Plc (2010) CA (Civ Div): Janet was instructed to act on the appeal, and represented the successful appellant. The Court of Appeal held that the trial judge had erred in awarding damages for trespass, arising out of an advertising hoarding intruding into the airspace of neighbouring land, on the basis of the entirety of income the trespasser had earned from the operation of the hoarding without giving consideration to more appropriate bases for damages, such as a reasonable licence fee negotiated between the parties on a hypothetical basis or taking account of expenses incurred in operating the hoarding.

Norwich City College Of Further & Higher Education v Mcquillin & Anor [2009] EWHC 1496 (Ch),(2009) 27 EG 90 (CS), (2009) NPC 85. Interpretation of restrictive covenants and application under s.84(2) LPA 1925 for a declaration that restrictive covenants were unenforceable because the benefit was not annexed to the objectors’ land.

Sunberry Properties Ltd v Innovate Logistics Ltd (in administration) [2009] BCC 164, [2009] 1 BCLC 145 (CA), landlord refused permission under para 43(6) Sched B1 Insolvency Act 1986 to bring proceedings for a mandatory injunction against tenant in administration that had unlawfully licensed occupation of its commercial premises by the purchaser of its business.

Leftbank Properties Ltd v Spirit Group Retail Ltd [2008] PLSCS 6 (QBD),: successfully opposed landlord's application to set aside/remit arbitrator's rent review award under s.68(2) Arbitration Act 1996.

Margram plc v Dorant Ltd [2006] EWHC 3578 (Ch)[2006] EG 47 180 (CS), interpretation of rent review clause.

Simmons and ors v Dresden [2004] 97 Con L.R. 81 (TCC): interpretation of repairing covenants, damages for terminal dilapidations and s. 18 Landlord and Tenant Act 1927.

Bakewell Management Ltd v Brandwood and ors [2004] 2 AC 519; [2004] 2 WLR 955; [2004] 2 All ER 305; [2004] 2 EGLR 15, (HL); [2003] 1 WLR 1429; [2003] 1 P&CR 27; [2003] 1 EGLR 17, (CA): House of Lords, acquisition of easements by prescription.

Monella and anor v Pizza Express (Restaurants) Ltd [2004] 1 EGLR 43, (Ch D): rent review, extensions of time under s. 12 Arbitration Act 1996.

Latifi v Colherne Court Freehold Ltd [2003] 1 EGLR 78, (QB): service of notices under LRHUDA 1993.

Ambrose v Kaye [2003] 1 EGLR 49, (CA): LTA 1954 Part ll and the CPR.

Liverpool City Council v Walton Group plc [2002] 1 EGLR 149, (Ch D): contractual interpretation, whether an agreement for lease is void in the absence of a term commencement date, estoppel.

Scott & anor v City & County of Swansea [2001] EGCS 10, (Ch D): rectification, whether a rent review arbitration award should be set aside on the ground that it was procured by fraud.

Liverpool City Council v Rosemary Chavasse Ltd and anor [1999] PLSCS 219, (CA): contractual interpretation, want of authority, rectification, estoppel.

Fox & Widley v Guram [1998] 1 EGLR 1998, (QB): rent review, extensions of time under s. 12 Arbitration Act 1996.

Morgan Sindall v Sawston Farms (Cambs) Ltd [1997] EGCS 118, (Ch D): challenge to an expert's non speaking valuation.

J.W Childers Trustees v Anker [1996] 1 EGLR 1, (CA): the doctrine of surrender and re-grant of leases, rent review.

Royal Bank of Scotland v Jennings and ors [1997] 1 EGLR 101, (CA), [1995] 2 EGLR 87, (Ch D): rent review.

John v George [1996] 1 EGLR 7, (CA); [1995] 1 EGLR 9, (Ch D): estoppel by convention.

Fordgate Bingley Ltd v Argyll Stores Ltd [1994] 2 EGLR 84, (Ch D): rent review.