High court dismisses appeal in Croydon Estates property dispute

Introduction

The High Court recently delivered its judgment in a property dispute case involving Croydon Estates Limited (CEL), a BVI company, and several defendants, including Ammar Al Saleh and Swalih Ltd. The case centred around a commercial property located at 190 Edgware Road, London, and involved claims for possession and monetary orders.

Background

The dispute originated from a trial held in January 2024 at the Central London County Court, where CEL sought possession of the property and monetary judgments against the defendants. The appellants, Ammar Al Saleh and Swalih Ltd, were among the defendants challenging the trial court's decision. The trial judge, HHJ Roberts, had ruled in favour of CEL, granting possession of the property and ordering monetary judgments against the defendants.

Appeal Grounds

The appellants, represented by Leon Hines of BA International Solicitors, argued that the trial judge erred in his findings, particularly regarding the informal agreement made in June 2021 concerning rent payments and accumulated arrears. They contended that the judge failed to recognise the legal implications of this agreement and mischaracterised payments made during the relevant periods.

High Court's Analysis

Fordham J, presiding over the appeal, thoroughly examined the trial court's findings and the arguments presented by the appellants. He noted that the trial judge had found an entitlement to possession due to arrears and had correctly identified the tenant during the relevant periods. The High Court judge emphasised that the trial judge's findings were supported by the evidence and were unimpeachable.

Conclusion

In his judgment, Fordham J concluded that there was no viable basis for an appeal. He affirmed the trial court's decision, stating that the appellants failed to demonstrate any error in the trial judge's analysis of the evidence or the legal conclusions drawn. Consequently, the High Court refused permission to appeal.

Implications

This decision underscores the importance of clear contractual arrangements and the challenges of disputing factual findings in property possession cases. The judgment also highlights the courts' reluctance to overturn trial court decisions without compelling evidence of error.

Learn More

For more information on landlord and tenant responsibilities, property standards, and enforcement powers in UK housing law, see BeCivil's guide to UK Housing Law.