Steven Gasztowicz | Cornerstone Barristers

Areas of Practice

cases

Barratt Homes Ltd v Dwr Cymru Cyfyngedig [2013] EWCA Civ 233 (Court of Appeal)

Case involving consideration of the necessary elements of nuisance, and what is capable of constituting nuisance, claims for trespass to goods and negligence, requirements for claims for breach of statutory [...]

Manolete Partners plc v Hastings Borough Council [2013] EWHC 842 (High Court): Resisting claims for compensation following the closure of Hastings Pier as a dangerous structure.

BDW Trading Ltd v Spooner [2011] All ER (D) 171 (High Court)

High Court declaration obtained that village green rights can be overridden by rights of development where particular provisions of the Town & Country Planning Act 1990 and the Local Government [...]

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Barratt Homes Ltd v Welsh Water [2010] 1 All ER 965 (Supreme Court)

Definitive authority on the powers of statutory undertakers to insist on points of connection to water drainage infrastructure by developers (of a housing estate and school), upon the charges properly [...]

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Re: Affordable Housing Requirements, Enforceability of s106 planning obligations, Variation of Planning Obligations, and company law (2010)

Advising on the validity and enforceability of affordable housing requirements relating to a number of development sites, possible variations thereto, the liabilities of subsequent owners, and associated matters of company [...]

Bridgend County Borough Council v OAA Ltd (2010)

Successful resolution of case concerning claims made in respect of third party rights allegedly affected by a multi-million pound bridge and walkway development across and alongside the River Ogmore. Interim [...]

R (oao Hinckley & Bosworth BC) v Secretary of State [2010] Admin Court Birmingham

Quashing order made following judicial review of Planning Inspectorate’s policy relating to the re-hearing of appeals following the remission of them by the High Court for re-determination by the Secretary [...]

P v A (2009)

Claims of surveyors’ negligence in relation to building drawings and planning applications.

Maini v Maini [2009] EWHC (ChD)

Defending action relating to share transfers, and alleged fraudulent acquisition of a company. Claimants served 10 additional witness statements 3 weeks before trial. Following consultation and organisation of evidence in [...]

Moghaddam v Hammersmith & Fulham LBC [2009] EWHC 1670 (Admin): Appeal from valuation tribunal, with order exceptionally made for oral evidence and cross-examination in the appeal court on issues not the subject of adequate evidence below.; See full text of case

OM Properties Limited v Shoprite (Isle of Man) Limited [2009] EWHC (QBD): Action by landlord against original tenant for arrears of rent accrued by subsequent occupier following assignment of lease, considering effect of service of statutory notices in the wrong name.

Re: Moulton Mill, Northamptonshire (2008)

Appeal against enforcement notice seeking removal of allegedly new building created without planning permission out of buildings dating from Domesday – issues of what constitutes a new building, a renovated [...]

B v T (2008): Wide-ranging claims by the finance director of an international company seeking payment of bonuses and compensation for loss of employment.

Nailstone Colliery Redevelopment Scheme (call-in) Inquiry (2007): Multi-million pound business development at former colliery and creation of country park.

Sunderland City Council v Ferry & Ors [2006] EWHC: Series of proceedings to close down unlawfully operated premises, including committal applications. Proceedings followed urgent injunctions initially obtained over the telephone out of hours.

Re Khan [2006] JPL 439

Decision on non-immunity from enforcement action. Answers unanswered questions left by the Court of Appeal to the Planning Inspectorate in First Secretary of State v Swale.

Pembrokeshire County Council v National Assembly For Wales [2006] JPL 109: Deals with issues of what amount to “material considerations” in planning law.

Institute of Chartered Accountants v LP (A Firm) (2006): Successfully defending disciplinary proceedings against chartered Accountants in relation to alleged negligence in acting as auditors of a travel agency plc over several years prior to collapse.

Leicester City Council Replacement Local Plan Inquiry (2005): Promoting major plan, including city centre regeneration, over several months on behalf of Leicester City Council.

Bajwa v Furini [2004] 1 WLR 1971: Second appeal to CA on a certified point of principle relating to statutory time limits for bringing fraud claims. Noted in White Book 2013.

Re The Seamens Rooms [2004] Swansea: Resisting collective leasehold enfranchisement claims against Pembrokeshire County Council.

Re S (2003)

Acting on behalf of local authority resisting the re-deployment of key personnel elsewhere under Crown provisions.

Cluley v Dix [2003] EWCA Civ 1595: Appeal from Technology & Construction Court refusing to strike out contractual claims. Noted in White Book 2013.; See full text of case

Central Midlands Estates Limited v Leicester Dyers Limited [2003] EWHC Times 19th February: Chancery case raising issues relating to adverse possession and rights of way across industrial land, including clarifying law on easements.

Dilley v Raleigh Cycles plc (2003): Successfully defending a claim to establish defective product design.

Pickavant v Charnwood Borough Council [2001] EWCA Civ 261: Acting for local authority in respect of claim and counterclaim in respect of its direct action demolition of a dwelling house built and inhabited in breach of planning control.

Burrows v South Glamorgan Health Authority [2001] EWHC (Cardiff): Award of £3.8m against health authority in respect of clinical negligence.

Re Royal College of Obstetricians & Gynaecologists (2000)

Acting on behalf of the Royal College in a series of cases successfully overturning a previous decision allowing the creation of consultant appointments in new areas of work.

Mann v Messrs Chetty & Patel [2000] EWCA Civ 267: Solicitors’ negligence appeal. Noted in White Book 2013.; See full text of case

Cala Homes (South) Ltd v Chichester District Council [2000] 79 P&CR 430: Important case on the jurisdiction of the Administrative Court, time limits and procedure for High Court challenges. Noted in White Book 2013.

Steven Gasztowicz QC

Areas of Practice

cases