Reported Cases

Rex Cowell and Robert McLellan have acted in the following cases in the High Court, Court of Appeal and the Supreme Court

  • Warborough Investments Limited v Lunar Office SARL [2018 – Court of Appeal] (construction of an alienation covenant in a commercial lease)
  • Warborough Investments v Lunar Office SARL [2017 – High Court] (construction of an alienation covenant in a commercial lease)
  • Coventry v Lawrence [2014 – Supreme Court] (whether an injunction or damages were an appropriate remedy in a noise nuisance case)
  • Broadland District Council v Trott [2011 – Court of Appeal] (overturning of an injunction granted to a local authority)
  • Allan White v Mark Lynch [2011 – High Court] (granting of an injunction against a restaurant owner in a noise nuisance case)
  • Isaac Hayim, Ian Pringle & Jill Ross v Jeanne Couch [2009 – High Court] (power of court to make a declaration in the absence of a trial)
  • Warborough Investments v Central Midland Estates [2006 – High Court] (validity of notice exercising a rent review)
  • Shaws (EAL) Limited v Walbert Pennycook [2004 – Court of Appeal] (service of a second counternotice in proceedings under the Landlord and Tenant Act 1954)
  • John Smith v Joseph Muscat [2003 – Court of Appeal] (exercise of right of set off against a new freeholder)
  • Warborough Investments Limited v Berry & Others [2003 – High Court] (whether a limitation of liability clause clause survived forfeiture of a commercial lease)
  • Oakstead Garages Limited v Leach Pension Scheme (Trustees) Limited [1996 – High Court] (successful overturning of arbitrator’s award on a rent review)