Annie Higgo discusses the types of claims and issues that may arise for property litigators when dealing with deceased parties in the context of possession proceedings.
Andrew Butler QC succeeds in Commercial Court trial

Andrew Butler QC has achieved a significant success in a recent Commercial Court trial, judgment in which was handed down today.
Andrew acted for a Cypriot company called Nectrus Ltd. which was a shareholder in an Isle of Man entity called UCP and an adviser to one of its subsidiaries. UCP had invested heavily in various real estate projects in India but a significant quantity of cash invested by it had been misplaced as a result of loans and investments made by the Indian SPVs carrying out those projects.
UCP held Nectrus responsible and had withheld significant sums from a dividend which would otherwise have been payable to it. Having taken over the case only a few weeks before trial, and leading Andrew Legg of Essex Court Chambers, Andrew has succeeded in resisting liability in relation to 60% of the claim, representing approximately £10m in value. Nectrus’s liability for the remaining 40% will be determined at a hearing later in the year where the parties will argue about the application of the rule against reflective loss, along with other quantum-related issues.
Edward Blakeney provided valuable research assistance.