High Court Success for Seth Kitson in Commercial Property Dispute

Seth Kitson, a barrister in Trinity Chambers’ Business and Property team acted on behalf of the successful Claimant in the High Court (Chancery Division) case of Baldudak v Matteo [2024] EWHC 167 (Ch). 

The case concerned the ownership of commercial premises in the local area. Seth was successful in arguing that a resulting trust of those premises arose in favour of the Claimant and that under the doctrine of approbation/reprobation the Defendant could not deny this owing to a position they had adopted in previous proceedings between the parties.

The Claimant was also successful in arguing that an issue estoppel arose between the parties on the same issue.

The case contains an interesting discussion of the requirements of issue estoppel and approbation/reprobation.

Acting for the Claimant, Seth Kitson was instructed by Angus Ashman at Sintons LLP.