, June 20, 2017
Our civil partner Simon Silver has been achieving brilliant results for his clients having had three cases go to trial in 6 weeks with all three finding in our clients favour.
In the first of the three recent victories, the landlord of a pub brought a claim against the tenant and the guarantors after falling into rent arrears and breaching several terms of the lease. Hughmans acted for the tenant and one of the guarantors.
The landlord had issued a Section 146 notice under the Law of Property Act 1925. This specified the breaches committed and the defendants were given a short period to remedy the breaches before proceedings commenced.
Despite the Landlords assertion that our clients should not be entitled to relief from forfeiture to enable them to assign the lease, the judge ordered in our clients favour. Additionally, he granted a further 6 months to remedy the breaches.
The second case involved a co-habitation dispute in the Land Registration First-Tier Tribunal. On 17 May 2017, the Tribunal ruled in favour of Hughmans’ client in finding she had a beneficial interest in a property on the basis of a common intention constructive trust.
The basis of the application was that our client and the Respondent had purchased a property, with the intention of residing in it together with their son. Due to personal circumstances the Respondent was solely put on the title, and asserted in response to the application that there was never any intention that the Applicant should have an interest in the property.
When considering the application, the court was provided with a comprehensive evidence from the Applicant relating to the property and to the parties relationship.
The Tribunal concluded that there had always been an intention that our client would be entitled to own the property in equal shares and accordingly ordered this should be done retrospectively.
In the third case, the UK Trademark Tribunal ruled in favour of Hughmans’ client on an Application for Invalidation. The dispute concerned the registration of a trade mark registered in respect of a number of class 25 goods.
The Applicant has operated a renowned music venue/nightclub. Under this name, it has traded in various goods, such as CDs and clothing and had also provided charitable services. In making the application, our client claimed that a misrepresentation would occur which would damage its goodwill, and therefore the use of the mark should be considered liable to be prevented under the law of passing off.
The submissions of the applicant in relation to goodwill were two-pronged. They relied upon goodwill in relation to the field of clothing and further in relation to the provision of music services at the venue. Evidence was provided as to the venue’s long standing reputation as a live music venue with very well known bands playing there.
The tribunal was satisfied that all three elements of passing off were present, and that the application for invalidity would succeed in relation to all the goods for which the mark is registered.