5 Essex Court

Charles Apthorp

Call 1983

Property Litigation

Charles has considerable experience in property related litigation including possession proceedings, breach of covenants in leases, disputes concerning ownership of land, rights of way, trespass and neighbour disputes.   Charles was standing Counsel to Newham Property and Design Department conducting a range of litigation relating to the Council’s extensive property portfolio.  He is also instructed in professional negligence claims arising from conveyancing and negligent surveys.

Cases and advisory work include: -

Possession Proceedings relating to Comrades of Great War Club premises in Blackpool, an Industrial and Provident Society (A Community Society)

Litigation with Animal Charity occupying, in breach of a licence, a development site adjacent to Blackpool Airport. 

Litigation relating to ownership of a development site, the former Wimpey factory in Mumbai.

Litigation relating to the use of a ground floor and basement by an Islamic Charity in breach of lease and planning permission leading to owner recovering possession.

Litigation relating to building collapse caused by undermining by a adjacent basement.

Litigation arising from joint investments in property, including complex cross investments and disputes arising.

Advising and providing representation relating to RBS wrongfully appointing a LPA Liquidator, after refusing to roll over facility for a property company owned by an UK naturalised Iranian.

Dams/Reservoirs Act.

Statutory Nuisance/Noise pollution impacting on adjacent properties.

Trespass.

Fishing rights and leases of fishing clubs.

Recent cases:

Knightsbridge Property Development Corporation (UK) Ltd v South Chelsea Properties Ltd and Ibrid SL (Andorra Company) [2017] EWCH 2730 (Ch) relating to the breakdown of relations between Directors and Company Secretary and whether transactions authorised by the Company Secretary were a mistake and in breach of the Companies Act 2006.

Hyde and others v Simple Skips Ltd, Stiles and Corney [2017] EWHC 3087 (QB). Litigation concerning termination of licence for waste transfer station, liability for co-defendant breaches of licences and waste management licences.  Settled following 6 day trial, on favourable terms for the 3rd Defendant.

Coutts –Baldwin Limited (in Liquidation) v Foote-Forster and Kucicia D.O.O. (A Croatian Company) HC12D03418 injunction proceedings relating to the investment in and ownership of properties held by a Croatian Company.

Kashi v Safai, Leeds County Court and Central London County Court Claim No:3010/07 long running litigation relating to a claim for commission on the purchase of a development site in Leeds and the enforcement of the costs award against the losing party.