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Stephen Jourdan QC

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S_JourdanCalled 1989

Silk 2009

Stephen Jourdan QC covers all aspects of property and agricultural litigation, including insolvency, partnership, professional negligence, animal health and pollution claims, and acting as arbitrator and independent expert.

Education

Trinity College, Cambridge (1981-4): Entrance and Senior Scholar; MA (Cantab.) in law (1st)

Professional

Deputy High Court Judge

Recorder (Civil)

Judge of the Property Chamber of the First Tier Tribunal (formerly Deputy Adjudicator to HM Land Registry).

Joined Falcon Chambers (then 11 King’s Bench Walk) in 1990

1985 – 1989: Solicitor at Theodore Goddard, working in property litigation and commercial property

Recent Cases

Couper v Albion Properties [2013] EWHC 2993 (Ch) High Court Boats moored so as to obstruct access to the bank constituted a private and a public nuisance. The boat owners had not acquired title to any part of the river wall or river bed by adverse possession. Their claim to “ancient mooring rights” did not have any legal basis.

Wannop v Cartmell [2013] ALT/N/S/114 First Tier Tribunal An application to succeed to an agricultural tenancy failed. The principal livelihood condition was not fully satisfied, and although it was satisfied to a material extent it was not fair and reasonable for him to be treated as eligible.

Daejan v Benson [2013] 1 WLR 854 Supreme Court Dispensation from compliance with service charge consultation requirements should be granted provided the tenants were compensated for any prejudice

Day v Hosebay [2012] 1 WLR 2884 Supreme Court Premises used exclusively for business purposes cannot be a “house” for the purposes of the Leasehold Reform Act 1967.

Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold [2012] RVR 342 Court of Appeal. Where the Upper Tribunal (Lands Chamber) refuses permission to appeal, any challenge to that refusal must be by judicial review.

Magnohard Ltd v Cadogan [2012] L&TR 32 Court of Appeal A purpose built block of flats cannot be a “house” for the purposes of the Leasehold Reform Act 1967.

Frozen Value v Heron Foods [2012] 3 WLR 437 Court of Appeal A company which had been the immediate landlord, but not the competent landlord, for more than 5 years could not oppose the grant of a new business tenancy under the Landlord and Tenant Act 1954 on the ground that it intended to occupy for its own business.

In re Luminar Lava Ignite [2012] BCC 497 (High Court) Landlords of tenants in administration were entitled to permission to forfeit but not to claim rent which accrued due before the appointment of the administrators as an expense of the administrations.

PCE Investors Ltd v Cancer Research UK [2012] 2 P&CR 5 (High Court) A tenant had to pay a full quarter’s rent in order to break the lease even though the break date fell between quarter days (under appeal to the Court of Appeal.

Westbrook Dolphin Square v Friends Life [2012] 1 WLR 2752 (Court of Appeal.Tenants who withdraw a collective enfranchisement claim a week before trial have a right to make a further claim a year later.

Dyer v Potter [2011] EWCA Civ 1417 (Court of Appeal) A joint tenant of a farm who served notice to quit induced by landlord’s misrepresentation could not elect to treat the tenancy as still subsisting with the other tenant remaining as sole tenant.

Smith v Jafton Properties [2012] Ch 519 (Court of Appeal) The assignee of two flats held under a lease of the whole building was a qualifying tenant for collective enfranchisement purposes.

London Tara Hotel v Kensington Close Hotel [2012] 1 P. & C.R. 13 (Court of Appeal).A large hotel established a prescriptive right of way over a service road surrounding a neighbouring hotel

Publications

Consultant Editor for the title “Boundaries” in vol 4 of Halsbury’s Laws 5th ed (2011)

“Adverse Possession” 2nd ed. (2011)
Contact

Please contact Steve Francis the Senior Clerk's office at Falcon Chambers on 020 7353 2484 or use the form below. Please note that we are not able to respond to general questions and enquiries, which should initially be directed to either a Solicitor or Building Surveyor. This contact form should be used for genuine enquiries for appointing Falcon Chambers only.

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