Kester is currently instructed in the following cases:
- Kester acts for a bank in an upcoming week long trial concerning trusts and overreaching with a value in excess of £1.5m.
- Kester acts for a FTSE 100 company in a multi-million pound SDLT dispute; led by a leading tax silk.
- Kester acts for a telecoms operator in relation to the appropriate valuation method for lease renewals under the 1954 Act of telecoms sites.
- Kester acts for a group of insurers in relation to double ground rent cases and whether such clauses are void and, if not, the appropriate method of valuation for a 1993 Act lease extension claim.
- Kester acts for a government agency seeking to rely upon ground (f) in an upcoming week long trial which will allow a development of 1000 homes to proceed.
- Kester is currently instructed to act in several multi-million pound dilapidations disputes.
Recent completed cases in which Kester has been instructed include:
Campbell & Anrs v Banks (various)  UKFTT 0730 (PC) – Kester acted for all ten successful lenders in a one day test case before the specialist tribunal concerning alleged non-compliance with formality requirements for mortgage deeds. This decision has been applied in the High Court on multiple occasions subsequently.
Principality Holdings v Mahor & Anr – a week long trial in the High Court (Bristol) concerning dilapidations to a nightclub. The claim was successfully settled days before trial.
LCP Estates v Santander – Kester acted for the successful landlord (led by Joanne Wicks QC) in a two day trial in Central London County Court concerning a multi-million pound development and ground (f) under the 1954 Act. The case concerned whether a building lease for which the design was entirely that of the proposed tenant was a sufficient intention.
Crosthwaite – Kester acted (led by Jonathan Karas QC) for the claimant to a right to light seeking injunctive relief to prevent the development of Stamford Bridge in contravention of that right to light. The case was successful settled.
Bank of Scotland v Mahmud – High Court (Birmingham); Kester acted for the successful bank in a trial concerning its liability for negligent advice given by a broker.
Chiswick Village Residents Ltd v Branwell – Kester acted for the successful landlord in a week long trial in Central London County Court concerning significant dilapidations and allegations of estoppel stretching back over decades; together with the subsequent successful forfeiture of the long residential lease.
Taylor v Torrible  UKFTT 639 (PC) – Kester acted for the successful respondent in a two day trial in the specialist land registration tribunal concerning a development right of way which concerned complex issues of perpetuities and, unusually, a successful argument that an easement had been given up by means of a proprietary estoppel.
West One Loans v Varma – Kester acted for the successful petitioner in the two day trial in which legal issues as to a defence of non est factum and undue influence were considered.
Heron Quays (HQ2) T1 Ltd & anr v Jervis & anr (as Administrators for Lehman Brothers Limited) (led by Guy Fetherstonhaugh QC) – Kester was instructed on behalf of the Canary Wharf Group in a ten week High Court trial concerning the Lehman Lease of 25 Bank Street and issues such as repudiatory breach damages (circa £0.5bn) in the leasehold context and a dilapidations claim in excess of £50m. The claim was successfully settled during week one of the trial.
Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd  A.C. 742 (led by Guy Fetherstonhaugh QC) – the leading Supreme Court decision on implied terms, break clauses and the apportionment of rent.
Cannon v 38 Lambs Conduit LLP  UKUT 371 (LC) – the leading decision on the relationship between s.47 of the Landlord and Tenant Act 1987 and the jurisdiction of the First Tier Tribunal (Property Chamber) under s.27A of the Landlord and Tenant Act 1985.
Helix 3D Ltd v Dunedin Industrial Property Nominee Ltd  EWHC 3012 (CH) – Kester acted for the successful claimant in a one day High Court trial concerning the true construction of the mechanism of an option agreement.
Sendrove v Jennings Racing Limited – acted for the defendant in a five day trial in the County Court at Central London concerning dilapidations and the true construction of the demise (successfully settled on terms at trial).
NCP v Hawksworth – Kester acted for the successful defendant landlord in this uncontested 1954 Act lease renewal concerning two car parks in Peterborough. The case raised interesting points as to the valuation of the car parks, the appropriate valuation date where the term is agreed to be calculated by reference to a date to the trial and the availability of a turnover rent upon renewal (against a silk).
Conway v Shelton – Kester acted for the successful claimant in a two day trial before the FTT concerning the rectification of a transfer and contract for sale (dating from the 1990s) (against a silk). The case also raised interesting questions as to actual occupation of car parking spaces.
Lloyds TSB v Kendall – a 3 day trial in the High Court concerning the ambulatory nature of constructive trusts of the family home.
Re Caste Court Freehold Limited – a 4 day service charge dispute before the Leasehold Valuation Tribunal worth in excess of £1.5m.
Country & City Properties v Lake – Kester acted for the successful landlord in a five day trial concerning alleged dilapidations, arrears of service charges and set off in Brighton County Court (successfully settled on terms at court).
Re 2 Dunraven Street – Kester acted for the successful applicant in a 1 day trial in the Leasehold Valuation Tribunal concerning the reasonableness of one of London’s most prominent landowners’ procedure for obtaining insurance for mixed use blocks.
Alder Securities v Worrall – Kester acted for the successful claimant in a 2 day trial in West London County Court concerning breaches of non-alienation covenants and defences of waiver and estoppel by convention. Kester also more recently appeared successfully in the appeal of this claim, which was dismissed.
Neelam Properties Limited v Rivaaz Enterprises Limited – Kester acted for the successful claimant in a 2 day trial in Willesden County Court concerning whether a rent review provision could be exercised and the defence of estoppel.