Hewitt & Gilpin succesfully acts for landlord in Confidentiality case

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Hewitt & Gilpin successfully represented the landlord in the case of E -v- C [BT/109/2016] in respect of an application brought by a tenant before the Lands Tribunal.

In the case, the landlord was involved in a lease renewal dispute with the tenant who was seeking disclosure of an arbitration award ("the Award") involving another tenant – Starbucks - from some years earlier. The landlord opposed the disclosure of the Award. Starbucks had no objection to the disclosure of the Award.

The landlord objected to the disclosure of the Award on four grounds: (i) relevance; (ii) necessity; (iii) the landlord’s right to privacy and confidentiality; and (iv) jurisdiction.

The Tribunal found in favour of the landlord on all grounds. Of particular significance were the comments of the Court in relation to the third ground of landlord objection:

"As a matter of law the respondent [the landlord] had a right to privacy and Starbucks owed a duty of confidentiality to the respondent [the landlord]. As such Starbucks consent to the disclosure of the arbitration award was irrelevant."

It is often the case that, where chartered surveyors are engaged by landlords and tenants to act on their behalf in the negotiation of new lease terms, they will share details of other relevant transactions as comparables. This case makes it clear that, at least in connection with the disclosure of arbitration awards, the consent of all parties to that arbitration must be obtained before any material contained in such awards are shared.

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Graeme Hamilton

Director

Graeme Hamilton

Director

Contact information

forward_to_inboxghamilton@hewittandgilpin.co.uk

phone02890 573580

Graeme graduated from Queen's University, Belfast and St. Antony’s College, Oxford before qualifying as a solicitor in Hewitt & Gilpin's Business Services department in 2004. Graeme became a Director in the practice in 2013.

Graeme also acts for a wide range of commercial clients in both contentious and non-contentious civil matters.

He acts for private sector lenders, borrowers and banks in funding and investment agreements, secured financing and refinancing arrangements including drafting and negotiating facility and investment agreements, security documentation and inter-lender agreements.

He acts for both landlords and tenants in lease transactions and advises in all matters relating to commercial property and business tenancies. He has experience in drafting and negotiating commercial contracts and ancillary documents, particularly in relation to business and share acquisitions and disposals.

He represents clients in the King’s Bench Division of the High Court, the Commercial Court and the County Court in a range of commercial actions including commercial contract and building disputes. He also has an extensive debt recovery practice and advises clients on enforcement options, whether through the issuing of insolvency proceedings or via the EJO.

Given his experience in the commercial property field, he often represents clients in the Lands Tribunal whether in bringing applications in respect of business tenancies matters (for both landlords and tenants), rent reviews or extinguishment or modification of restrictive covenants.

Increasingly he has acted for a number of clients through mediation processes where his experience in acting in both contentious and non-contentious commercial matters has proved invaluable.
Graeme is a part-time tutor at the Institute of Professional Legal Studies.

Areas of expertise

Business Services Dispute Resolution Public Law

Helen Armstrong

Senior Associate

Helen Armstrong

Senior Associate

Contact information

forward_to_inboxharmstrong@hewittandgilpin.co.uk

phone02890 573573

Helen joined Hewitt and Gilpin's Dispute Resolution department in November 2023.

Helen studied at Queen's University and the College of Law, Chester. She was admitted the Roll of Solicitors in 2010 and has since worked for an international commercial law firm and regional firms, gaining extensive litigation experience in matrimonial and private client matters.

Helen is an experienced litigator and advises clients on a broad range of matters including divorce and family proceedings, business and commercial disputes, personal injury and medical negligence. Helen has also been involved in cases involving shareholder/partner disputes, business sales and acquisitions, debt recovery, insolvency, repossession, commercial leases, loan and security agreements, licensing and various breach of contract cases including those relating to the supply of business goods and services. In addition, Helen has been involved in unique and highly sensitive medical negligence cases for private individuals against the both the Trust and institutions such as the Ministry of Defence. Helen has experience of adjudications, arbitrations, mediations and mainly High Court actions.

Helen has acted for a wide range of lenders, insurers, businesses, insolvency practitioners, company directors and partners and private clients in respect of litigation matters.

Helen is a member of Women in Business, a member of The Society of Construction Law, a member of The British Irish Commercial Bar Association, a member of the Professional Negligence Lawyers Association Firm and a member of The Law Society Commercial Practice Group.

Helen is qualified to practice in Northern Ireland and England and Wales.

Areas of expertise

Dispute Resolution Employment Law Family & Matrimonial Law Public Law

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