+44 (0)20 7235 8000

Search
Generic filters
M

Cedric Mascarenhas

Partner
Property Litigation
Commercial Litigation & Employment
+44 (0)20 7201 1873
+44 (0)7984 764125

Click to send email

I have developed a reputation of obtaining technical and commercial advantages for my clients in complex litigation.

I am a partner in the Dispute Resolution department with over 18 years’ experience. I provide a broad range of dispute resolution expertise, including: commercial contractual disputes, real property disputes and landlord & tenant issues, employment, professional negligence, construction disputes, fraud and shareholder disputes.

I act for a wide variety of companies and individuals, both claimants and defendants. I manage complex High Court trials and other substantial hearings, as well as in assisting clients to resolve disputes through forms of alternative dispute resolution (ADR). I am experienced in civil law remedies such as injunctions, freezing orders, Norwich Pharmacal orders and charging orders to assist in the recovery of assets.

 

Notable Cases

Primus Build Limited v Cannon Corporate Limited [2019] EWCA Civ 27.

Acting successfully of behalf of the Claimant successfully at various High Court hearings and at the Court of Appeal. After succesful first instance decision there was a also subsequent success at the CA:

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019) (bailii.org)

Interactive E Solutions JLT & Anor v O3b Africa Ltd [2018]

Court of Appeal – A case relating to the proper construction and “carve-out” within an exclusion clause:

Interactive E-Solutions JLT & Anor v O3b Africa Ltd [2018] EWCA Civ 62 (30 January 2018) (bailii.org)

Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC)

Acted successfully on behalf of the Defendant RGB P&C Ltd in relation to a hotel build in Leicester Square, London:

Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC) (26 January 2018) (bailii.org)

Jayasekara –v- University College London NHS Foundation Trust [2016]

Never Event brain injury case.

Paradox Worldwide Corp v (1) Soneva Fushi (BVI) Ltd (2) Bunny Holdings (BVI) Ltd [2015]

Acting successfully for Paradox Worldwide Corp in a dispute relating to contractual agreements for development villas.

AHGR Limited v Hamer [2015]

FtT – mixed-use development dispute. Possession proceedings acting for the Respondent. Successful at both the FtT, and at the appeal to UT

Dr Abdullah Mohammed Bahlas (1) Bahlas Property Investment (UK) Limited (2) -v- Shah Solicitors LLP Shah London Limited (formerly Shah Solicitors Limited) [2014].

Successful claim against solicitors for professional negligence and breach of trust.

Ruralpride Limited v FFT Developments (in Liquidation) (1) Capital Homes Limited (2) & 5 Others

Acting on application for a vesting order on two flats the leases were determined by the forfeiture of the headlease the basis for forfeiture arose out of matters which were out of our client’s control.

Fellows v Fisher [2013] CLCC

Beneficial interest under ToLATA 1996 s.14and15. Successful at first instance and at Appeal.

Compar Properties Limited v Sai Ventures Limited [2012]

Costs dispute following a Party Wall Agreement. Judgment in favour of our client;

Shaw v East Bank Studios Limited [2012] HM Land Registry Adjudication

Rectification of the register on the grounds of fraud.

Seymours v Stephens [2011]

HM LR Adj, acting successfully for claimants on boundary dispute at Penhow Castle to a successful judgement.

27 Pembridge Square Ltd v Gurney [2011]

CD High Court – acting for claimant company successfully on urgent injunction to clear title of priority search prior to £16m sale on grounds of unlawful interference. Successful outcome;

Shi v Jiangsue Native Produce Import and Export Corporation [2009] EWCA Div 1582

Acting (at my previous firm) for a Chinese import/export corporation for damages for occupation, mense profits – restitutionary damages. Successful outcome up to the Court of Appeal: Shi v Jiangsu Native Produce Import & Exprt Corp [2009] EWCA Civ 1582 (06 October 2009) (bailii.org)

Vinaver v Milton Ashbury Limited [2006] EWCA Civ 363

Court of Appeal – (at previous firm) on grounds of common intention constructive trust acting for the Defendant: Vinaver v Milton Ashbury Ltd [2006] EWCA Civ 363 (28 February

Notable Cases

Primus Build Limited v Cannon Corporate Limited [2019] EWCA Civ 27. Acting successfully of behalf of the Claimant successfully at various High Court hearings and at the Court of Appeal. See successful first instance decision here and subsequent success at the CA:

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019) (bailii.org)

Interactive E Solutions JLT & Anor v O3b Africa Ltd [2018] Court of Appeal – A case relating to the proper construction and “carve-out” within an exclusion clause: Interactive E-Solutions JLT & Anor v O3b Africa Ltd [2018] EWCA Civ 62 (30 January 2018) (bailii.org)

Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC) – Acted successfully on behalf of the Defendant RGB P&C Ltd in relation to a hotel build in Leicester Square, London: Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC) (26 January 2018) (bailii.org)

Jayasekara –v- University College London NHS Foundation Trust [2016] – Never Event brain injury case.

Paradox Worldwide Corp v (1) Soneva Fushi (BVI) Ltd (2) Bunny Holdings (BVI) Ltd [2015] – Acting successfully for Paradox Worldwide Corp in a dispute relating to contractual agreements for development villas.

AHGR Limited v Hamer [2015] FtT – mixed-use development dispute. Possession proceedings acting for the Respondent. Successful at both the FtT, and at the appeal to UT: see here.

Dr Abdullah Mohammed Bahlas (1) Bahlas Property Investment (UK) Limited (2) -v- Shah Solicitors LLP Shah London Limited (formerly Shah Solicitors Limited) [2014]. Successful claim against solicitors for professional negligence and breach of trust.

Ruralpride Limited v FFT Developments (in Liquidation) (1) Capital Homes Limited (2) & 5 Others – acting on application for a vesting order on two flats the leases were determined by the forfeiture of the headlease the basis for forfeiture arose out of matters which were out of our client’s control.

Fellows v Fisher [2013] CLCC Beneficial interest under ToLATA 1996 s.14and15. Successful at first instance and at Appeal.

Compar Properties Limited v Sai Ventures Limited [2012] – Costs dispute following a Party Wall Agreement. Judgment in favour of our client;

Shaw v East Bank Studios Limited [2012] HM Land Registry Adjudication Rectification of the register on the grounds of fraud.

Seymours v Stephens [2011] HM LR Adj, acting successfully for claimants on boundary dispute at Penhow Castle to a successful judgement.

27 Pembridge Square Ltd v Gurney [2011] CD High Court – acting for claimant company successfully on urgent injunction to clear title of priority search prior to £16m sale on grounds of unlawful interference. Successful outcome;

Shi v Jiangsue Native Produce Import and Export Corporation [2009] EWCA Div 1582 acting (at my previous firm) for a Chinese import/export corporation for damages for occupation, mense profits – restitutionary damages. Successful outcome up to the Court of Appeal: Shi v Jiangsu Native Produce Import & Exprt Corp [2009] EWCA Civ 1582 (06 October 2009) (bailii.org)

Vinaver v Milton Ashbury Limited [2006] EWCA Civ 363, Court of Appeal – (at previous firm) on grounds of common intention constructive trust acting for the Defendant: Vinaver v Milton Ashbury Ltd [2006] EWCA Civ 363 (28 February 2006) (bailii.org)