Oliver Caplan

Marla International Limited v Ready4S Limited [2021] EWHC 1968 (Ch).

Commerz Real Investmentgesellschaft mbH v TFS Stores Limited [2021] EWHC 862 (Ch)

Oliver represented the Defendant upon a Summary Judgment application.
Upon the claim it was said that the Defendant / tenant held a five-year lease of a unit within the UK’s largest shopping centre – Westfield, Shepherd’s Bush, London. The Defendant ceased trading several times as a consequence of the COVID-19 pandemic and failed to pay rent and service charge liabilities, citing loss of income as a reason.
The Claimant landlord issued a claim for rental and service charge arrears amounting to £166,884.82 (inclusive of VAT) and interest at the contractual rate.
Oliver argued that the claim was issued prematurely contrary to the Code of Practice for Commercial Property Relationships During the COVID-19 Pandemic. Also, that the claim was a means of circumventing measures put in place to prevent forfeiture, winding up and recovery, and pursuing it was exploiting a “loophole” in the restrictions placed upon the recovery of rent put in place by the Government. Oliver additionally argued that the claimant was obliged to maintain insurance for loss of rent resulting from a notifiable disease and/or government action and had to claim under the loss of rent insurance policy before commencing proceedings to recover rent and that the rent cesser provisions in the lease, properly construed, applied to the COVID-19 pandemic which amounted to a suspending event for the purposes of the lease.
The case has been extensively reported including being referred to in the commentary to the Civil Procedure Rules 2021.

Dahou v Dahou [2019] – Manchester County Court

Oliver represented the Claimant upon a 5 day trial before Her Honour Judge Evans. The Claimant pursued her claim against her sister. The Claimant sought an interest in a residential property under the Trusts of Land and Appointment of Trustees Act 1996, The property was purchased by the parties in 1986 and was solely held in the Defendant’s name given the Claimant was aged 17 at the date of purchase. It was not recoded upon the register of title. At trial both litigants and many witnesses of fact admitted commission of offences including an intention to mislead the Court. The Claim succeeded with the Claimant’s benefit being calculated at over £250,000.

The Secretary of State for Business, Energy and Industrial Strategy v Lal Chhiber [2019] High Court, Business and Property Courts in Manchester

Oliver represented the Secretary of State upon an application for the disqualification of the Respondent as a company director, made pursuant to S.6 (1) of the Company Directors Disqualification Act 1986. It was said that the Respondent caused or allowed the company to participate in transactions which were connected with MTIC fraudulent evasion of VAT such connections being something which he either knew or should have known about. The Court directed a disqualification period of 13 years.

1) Begum 2) Ilyas v Aslam [2019] – Land Registration – First Tier Tribunal (Manchester) 

Oliver represented the Respondent upon a day trial before Judge McAllister sitting at the Land Registration – First Tier Tribunal upon an application seeking declaration that a Declaration of Trust benefiting the Respondent was void and transfer of property. The Applicants and further family members alleged that the Declaration of Trust, signed by executors to a Will to the benefit of the Respondent, had been procured by fraud and had, thereafter, been compromised by discrete agreement reached in Pakistan. Serious allegations were made against the Respondent (including an allegation of attempted murder as against an alleged associate). The Respondent succeeded and was entitled to an order directing the property be transferred into his name absolutely.

Bromford Housing v Fowell [2018] – Stoke on Trent County Court

Oliver represented the Defendant upon a 2 day trial before His Honour Judge Rawlings. The Claimant, a provider of local authority housing, sought possession of the Defendant’s property upon allegations of serious anti-social behaviour. The weight of evidence relied upon by the Claimant comprised hearsay. Oliver successfully defended the proceedings allowing the Defendant to remain in her property without possession order on suspended terms or otherwise being made. Oliver successfully claimed a high level of the Defendant’s costs on an interparty basis notwithstanding the fact that she was with benefit of a legal aid certificate.

Benveniste v Hainsworth [2018] – Propetry Chamber (Residential Property) – First Tier Tribunal (Manchester)

Oliver represented the Applicant upon a 1 day trial before Judge L Bennett, sitting at the Property Chamber – First Tier Tribunal. The Application was made pursuant to Section 27A of the Landlord and Tenant Act 1985 and Schedule 11 of the Commonhold and Leasehold Reform Act 2002, so far as the Applicant sought determination as to the reasonableness of service and administration charges. Following site visit and a contested hearing the Tribunal determined that all charges were reasonable, the Respondent, acting in person, failing to properly set out the basis of dispute and the Applicant illustrating the reasonableness of works being undertaken at site.

Davis v 83 Central Management Company Limited [2018] – Property Chamber (Residential Property) – First Tier Tribunal (Birmingham, sitting in Manchester)

Oliver represented the Respondent upon a 1 day trial before Judge T N Jackson, sitting at the Property Chamber – First Tier Tribunal. The application was made pursuant to paragraph 5A to Schedule 11 of the Commonhold and Leasehold Reform Act 2002. The Applicant sought a determination of the payability of administration charges incurred in respect of account reviews and dispatch of demand letters. The same was not followed by issue of a Section 146 Notice. In the present case the relevant lease entitled the Respondent to demand payment of costs incurred “incidental to” as opposed to “in contemplation of” the preparation and service of a Notice. The Application was dismissed so far as it was determined that the phrase adopted in the lease was of wider interpretation and did not require a Notice to be served. The Respondent was awarded its costs of the Application in their entirety.

1) Wilcox 2) Slater v Hall [2018] – Manchester County Court

Oliver represented the Claimants upon a 3 day trial before His Honour Judge Smith. The Claimants sought special and general damages as against the Defendant builder in respect of defective and incomplete works, partially funded by local authority grant, upon a renovation of an entire property. The Defendant alleged that the Claimants had directly instructed sub-contractors and denied breach. successfully claiming the full value of the claim. Oliver was initially instructed by solicitors and thereafter proceeded on public access instruction.

1) Onn 2) Khim v Trivelles Hotels and Resorts Ltd [2017] – Manchester County Court

Oliver represented the Defendant. The Claimants sought repayment of deposits, forfeited upon a failure to comply with a notice to complete. The Claimants pleaded repayment on the basis of contractual construction, breach of contract and alleged that the forfeiture clause was penal and therefore unenforceable. The Defendant counterclaimed for loss. Oliver successfully represented the Defendant at a trial of preliminary issue pursued on the basis of contractual construction, successfully pursued an application for security for costs and successfully defended the proceedings at trial and upon the Counterclaim, the same being awarded in full and costs awarded in their entirety.

Wulvern Housing Limited v Holden [2016] – Chester County Court

Oliver represented the Defendant upon a 4 day trial before His Honour Judge Pearce. The Claimant, a provider of local authority housing, sought possession of the Defendant’s property upon allegations of serious anti-social behaviour. The Defendant suffered from significant mental health and drug dependency issues. He was the victim of intimidation and coercion by drug users attending at his property. The trial involved various applications concerning the introduction of additional evidence and upon the Defendant’s failure to attend day 2 of trial.

Bear Necessities Daycare Limited v Lancashire Fuels 4 U Ltd and another [2015] EWHC 721 (QB), [2015] All ER (D) 29 (Apr)

Oliver represented the Respondents upon an interim application for an order for delivery up of vehicles sub-leased to the Defendant, pursuant to Section 4 of the Torts (Interference with Goods) Act 1977, before Swift J DBE. The Applicant sought to rely upon its own breach of contract upon the head lease and further alleged breaches by the Respondents. It was determined that it was neither just not proportionate to order delivery up in all the circumstances notwithstanding the obvious effect upon the Applicant’s own contract.