White (appellant) v 29 Buckland Crescent Management Company Ltd (respondent)
Tuesday 24 June 2025
By Appellant’s Notice filed on 17 July 2024, this is an appeal against the decision of the Honourable Mr Justice Richards, sitting as a Judge of the High Court, judgment being delivered on 19 June 2024.
The Appellant, Mr White, is the lessee of a flat on the second floor of a building. The Respondent (the “Landlord”) is the freehold owner of that building, which is divided into four flats. The question raised was whether the Landlord was entitled to take proceedings seeking forfeiture of Mr White’s lease, or whether that was precluded by the terms of a settlement agreement pursuant to which the Landlord and Mr White had compromised an earlier dispute between them. In a judgment given on 7 November 2023, HHJ Dight CBE concluded that the Settlement Agreement did preclude the Landlord from bringing forfeiture proceedings. The landlord appealed to the High Court against that conclusion.
Mr Justice Richards considered the construction of the relevant clauses, and concluded that the Landlord’s interpretation was the correct one, in a view contrary to that of the trial Judge, HHJ Dight CBE. The Landlord’s appeal was allowed.
Mr White now appeals that decision, on the basis that Mr Justice Richard’s interpretation was not correct.