Andrew Flagg advises freehold property owners

Posted onAugust 15, 2022

Andrew Flagg, dispute resolution partner at Stephen Rimmer LLP has delivered another successful outcome for his clients.

Andrew (and instructed counsel Simon Lane of Pump Court Chambers) represented the owners of a freehold property in a case which involves important points of law for both insolvency and property practitioners. The case against PME Cake which was heard at the High Court at the end of July.

Andrew’s clients leased a property which they owned to PME Harrow, with PME Cake acting as guarantor. When PME Harrow left, Andrew’s clients subsequently brought a claim for breaches of covenant and associated costs against PME Harrow which was settled at the end of last year at mediation by agreement (with PME agreeing to pay £300,000 to Andrew’s clients).

As PME Harrow failed to make payment, a formal demand was issued to PME Cake as guarantor of the obligations. When no payment was made by PME Cake a statutory demand was issued against them.

PME Cake argued that they were no longer liable as the agreement superseded any breach of covenant liability and released them from their obligation. The Court dismissed PME’s application, maintaining that they were still liable to pay the sums owed.

The full case report can be found here

Andrew Flagg is an experienced dispute resolution partner, advising both individuals and businesses in a variety of matters, including debt recovery, contractual disputes, property litigation, landlord and tenant disputes and TOLATA claims and can be contacted on andrew.flagg@stephenrimmer.com

Book a free 30-minute consultation with our dispute resolution solicitors in Eastbourne and Hastings

We offer a free, no obligation 30-minute chat with one of our specialist dispute resolution solicitors to all new clients.

To arrange your initial consultation, you can:

Call: 01323 434416
Email: enquiries@stephenrimmer.com
Or pay us a visit at 21 Lushington Road Eastbourne BN21 4LG

Mr Jerome Soucek provided us an exemplary professional service. He was very courteous, knowledgeable and very approachable.
Thank you Andrew. I am beyond delighted!! Breathing a huge sigh of relief. Whopping thanks
We are all very grateful for the tremendous amount of work that you have done and the total attention to detail that you have shown. You are a pleasure to do business with
A very friendly efficient service with tireless attention to detail throughout, excellent.
Thank you for giving such excellent service and for steering us through the legal situation with which we were confronted. Andrew Flagg was professional, yet approachable. Explained the intricacies of the law in clear terms and was endlessly patient with our questions. Thank you Andrew, you have been brilliant!
I would recommend Stephen Rimmer to anyone who required solicitor help. Jack Prosser was such a great help to us as we tried to buy a property. Jack always gave great detail which we could understand and was very quick at replying to any queries we had. In the future, I will certainly be using Stephen Rimmer/Jack Prosser again.
We have just completed on our house sale and purchase with Jack, he has been totally amazing and gone over and above to get our house sale through. I would highly recommend him and will definitely be using him for future conveyancing needs. Thank you so much.
Jack has been invaluable in making sure our sale/purchase went through, demonstrating endless patience and professionalism. We wouldn’t use anyone else in the future!
She was well informed and did her homework on the case before seeing me. She was on site and didn’t fill my brain with jargon.
Fantastic service, very supportive and reassuring.
Most professional, considerate, empathetic and competent. Thank you very much!
A repeated but well meant ‘Thank you’, I appreciated your sensitive and supportive manner in handling my defence.
…charming, encouraging and very professional.
…shown immense kindness and confidence. Throughout the court case it was clear what an incredibly bright and gifted advocate you are. Thanks to you I am still employed in the job I love, I owe you a huge debt.
Thank you for your calming influence and advice as well as your expertise. Thank you very much indeed for all you have done.
Thank you again for your excellent representation, we can’t thank you enough!
You have been informative, very helpful and spot on!
Jay is a fantastic Lawyer, he definitely loves what he does and he’s very skilful and awesome.
Thank you so much for saving my life! You treated this case like your baby right from the first day and you supported me all through the way. Those memories of the 2 weeks of trial would stay with me till I die, I kept wondering what would happen to my children if I lost this case, but you kept me strong with your words and your dedication to your job is outstanding. I am forever indebted to you Jay, I owe you so much!
Jay was exceptional throughout. In the most difficult circumstances, I could not have asked for a more experienced, competent or reassuring team on my side.