Rajiv Bhatt obtains urgent High Court injunction

Published: 05/01/2018 | News

Rajiv Bhatt acted for LBB Limited against Ms YH and W4C Limited. LBB is a company that buys and sells land. In October 2016 it entered into a contract with W4C for the sale of a piece of land. Ms YH is the sole shareholder and director of the W4C. Unfortunately, W4C failed to complete within the contractual timeframe. In order to mitigate its losses LBB entered into a contract of sale with a third party. However, Ms YH had registered a Land Registry priority over the land. She refused to remove her priority despite numerous requests to do so, and instead renewed it. This prevented LBB from selling the land. If the priority was not removed, LBB was at risk of being in breach of contract vis a vis the third party purchaser.

Rajiv appeared in front of Mr Justice William Davis and obtained an interim mandatory injunction requiring Ms YH to remove the priority and an interim prohibitory injunction precluding Ms YH from registering future priorities in respect of the land. Ms YH failed to comply. Rajiv returned to the High Court and obtained a further injunction, this time against the Land Registry, requiring the Land Registry to remove the priority. The priority was thereafter swiftly removed. As a result of Rajiv’s efforts the sale of the land was completed.