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Our Sister Company, DCB Legal, Sets New Precedent at the High Court For Commercial Property Client

At DCBL, we believe in making debt recovery simple, seamless, and stress-free. We work hand-in-hand with our colleagues at DCB Legal to provide ‘One Solution’ for our clients across both organisations.

We provide a comprehensive approach that takes clients from debt recovery through to court action and enforcement. This joined-up service ensures that whether you’re a business owed money, a landlord with defaulting tenants, or a commercial property owner facing a complex dispute, your case is managed efficiently across our group of companies.

 

Setting a new precedent in commercial property

In a recent case handled by Katy Long, Head of Property Litigation at DCB Legal, the One Solution approach delivered an impressive outcome for a commercial landlord.

The matter concerned a MOT testing station in High Wycombe, where the landlord and tenant had been negotiating a lease renewal. When the negotiations broke down and rent arrears accrued, DCB Legal were instructed to advise the landlord.

Our team recommended forfeiture of the lease and promptly liaised with DCBL to effect re-entry and terminate the current lease. Once possession of the commercial premises was secured, the tenant subsequently made an application to the High Court for relief from forfeiture, seeking to have the lease reinstated.

However, this application had been incorrectly brought in the High Court instead of the County Court. Under the Civil Procedure Rules, cases of this nature should not be heard at the High Court level. DCB Legal acted swiftly, with just four days’ notice before the hearing, and successfully argued that the claim should be struck out entirely.

This decision set an important precedent, confirming that in such cases, the correct approach by the High Court under Civil Procedure Rule 55 Practice Direction 55A paragraph 5.3, is to strike out proceedings brought in the High Court where there are no exceptional circumstances, rather than simply transferring them to the County Court.

The court not only struck out the claim but also awarded full costs to our client, protecting the landlord’s position, preventing reinstatement of the lease, and saving considerable time and expense.

Yael of Ashton Property Management commented, “Having DCBL and DCB Legal manage everything under one roof made a huge difference. The collaboration made a complex situation feel simple, taking all the stress out of a complicated scenario. I felt that I could rely on them completely and that they had taken the burden off my shoulders.”

 

One Solution in action

DCBL and DCB Legal worked seamlessly together to deliver a comprehensive solution for the commercial property client.

DCB Legal provided expert advice, legal representation and expedited court action with just four days’ notice. DCBL managed the enforcement and property re-entry through its nationwide network of certificated enforcement agents.

From initial instruction to successful resolution, the case demonstrates the strength of DCBL’s One Solution approach, combining legal expertise, enforcement capability, and data-driven efficiency.

Despite the case being based in High Wycombe and heard in the High Court in London, our North West-based teams handled the matter effortlessly, showcasing our national reach and responsiveness.

 

The outcome and recovering of legal fees

The tenant, having brought the claim in the wrong court, was ordered to pay DCB Legal’s costs in full, in addition to their own costs.

The commercial landlord retains possession of the property, which they are now able to re-let.

 

DCB Legal client testimonial

Ashton Property Management – Yael & Doug

“DCB Legal were incredibly professional and responsive. From start to finish, the team acted quickly and kept me informed at every stage. The collaboration between DCBL and DCB Legal meant everything was handled under one roof, from legal advice to enforcement. It saved me a huge amount of time, stress, and money. I can’t recommend them highly enough.”

This case is a prime example of how DCBL and DCB Legal deliver on their promise of One Solution, making debt recovery simple.

From debt collection to enforcement, from litigation to property recovery, our integrated group structure ensures that clients receive expert support every step of the way, efficiently, effectively, and with outstanding results.

 

 

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