Jenny Hermer

• A developer in an application to the Upper Tribunal (Lands Chamber) to secure the discharge of restrictive covenants to facilitate development.*
• The owner of extensive Central London real estate in securing possession of a site for redevelopment from numerous tenants, involving 1954 Act business tenancies, Rent Act tenancies, assured shorthold tenancies and common law tenancies.*
• A national developer in opposing rights of light claims.*
• The seller claimant in proceedings concerning the interpretation of the purchase price provisions in a contract for the sale of land. Following trial, an appeal to the Court of Appeal and a further hearing, securing an order for specific performance requiring the buyer to complete and to pay contractual interest of several hundred thousand pounds, dismissal of the buyer’s circa GBP 1m counterclaim and indemnity costs.*
• The owners of a major tourist attraction in a proprietary estoppel claim arising after the client had spent circa GBP 5m developing neighbouring land.*
• A family estate in securing forfeiture of the long lease of a hotel for breach of the tenant’s repairing obligations, including securing an interim injunction allowing the client to undertake emergency works to protect and secure the property and, at trial, an order for immediate possession, indemnity costs and a non-party costs order against the directors of the SPV tenant.*
• A market-leading residential property management company in opposing an application by tenants to remove it as manager of a residential block, thereby avoiding a precedent likely to result in the loss of its management role and management fees across its portfolio.*
• A moorings operator in defending a complex and acrimonious multi-party claim by licensees alleging unlawful charging practices and criminal conduct, and in dealing with disputes concerning the lawful use of moorings and vessel design, responses to enforcement notices and alleged breaches of River Works Licences.*
• A moorings operator on enforcement action against licensees and termination of licences for breach of licensees’ obligations, and in a claim for injunctive relief and damages to secure the removal of a houseboat from its moorings and defending a counterclaim alleging collateral contracts and lifetime occupation rights.*
• A settlor and trustee in complex and acrimonious offshore trust litigation involving multi-million-pound claims to trust properties, allegations of breach of fiduciary duty and fraud in High Court proceedings, and criminal proceedings reaching the Court of Appeal (Criminal Division). Securing the discharge of ex parte restraint and repatriation orders under POCA 2002 freezing the client’s worldwide assets, possession of the trust property, damages, dismissal of civil and criminal proceedings, costs orders at every stage, and recovery of sums due following the commencement of insolvency proceedings against the opponent. *

*Prior to joining CMS