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Flint Bishop is back in the national law reports after successfully seeing off a multi-million-pound overage claim on behalf of a national developer.

The firm acted for the successful First Defendant within the case of Bastholm & Ors v Peveril Securities (Dalton Park Retail) Ltd & Ors [2023] EWHC 438 (Ch).

After a 4 day trial in the Business and Property Court sitting in Newcastle upon Tyne, the High Court dismissed the Claimants’ claim and clarified and developed a number of rarely-tested legal principles involving expert determination jurisdiction.

The Judgment was also the first time in a reported case that the High Court has grappled with the complete failure of a party to comply with the witness statement rules that apply in certain specialist divisions of the High Court, with the Claimants’ witness evidence being struck out entirely and their replacement evidence also being determined as non-compliant.

The case has led to several articles in the legal press, including lead news items from major international legal resource publishers LexisNexis and Thompson Reuters. It also serves as a comprehensive case study as to the influence that a quality legal team, experienced in High Court litigation, can have over the outcome of proceedings, with tactical decision-making and creative thinking.

For further details of the issues decided and the legal principles involved, a selection of the news articles are linked below:

Expert determination:


Practical Law

Flint Bishop


Witness evidence rules:


Flint Bishop


Insolvency Practitioner rights and remedies:


Flint Bishop


The full High Court Judgment can be read here: Bastholm & Ors v Peveril Securities (Dalton Park Retail) Ltd & Ors [2023] EWHC 438 (Ch) (03 March 2023)



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