Fladgate Fielder is facing a £10m damages claim from Land Securities arguing that the London firm has allegedly abused the process of judicial review.
Land Securities, which is being advised by Linklaters, claims Fladgate abused legal proceedings by applying for a judicial review with an ulterior motive.
The company alleges Flad-gate called for its planning permission for several sites to be reviewed with the objective of getting the property company to assist with its relocation - rather than because it was concerned about the lawfulness of the planning permission. The claim, filed in the High Court earlier this year (21 January) and expected to be in excess of £10m, states: “The applications for judicial review were issued for the predominate purpose of extracting from the claimants assistance through financial contributions or otherwise to enable or facilitate a relocation of the defendant’s business.”
Land Securities claims the firm used the application for judicial review to try to overturn a council’s decision allowing the property company to develop the sites. While Fladgate dropped the judicial review application on one site, it continued with that on the site near its own office, with the proceedings expected to take place later this year.
Linklaters litigation partner Katie Bradford is leading the team advising Land Securities, with Wilberforce Chambers Christopher Nugee QC instructed as counsel. Fladgate has instructed Barlow Lyde & Gilbert to defend the claim.
