DCB Legal has set an important new precedent at the High Court after successfully having a tenant’s claim struck out in its entirety in a commercial property dispute, safeguarding its client’s position and securing full recovery of legal costs.
The case, led by Katy Long, head of property litigation at DCB Legal, involved a commercial landlord and a tenant operating an MOT testing station in High Wycombe. The parties had been in negotiations over a lease renewal, but when talks broke down and rent arrears accrued, the landlord instructed DCB Legal for advice.
DCB Legal recommended forfeiture of the lease and worked alongside its sister enforcement business, DCBL, to effect peaceful re-entry and terminate the tenancy. Once possession of the premises was secured, the tenant applied for relief from forfeiture in an attempt to have the lease reinstated.
However, the tenant’s application was incorrectly issued in the High Court rather than the County Court. Under the Civil Procedure Rules, such applications should ordinarily be brought at County Court level unless exceptional circumstances apply.
With just four days’ notice before the hearing, DCB Legal acted swiftly to challenge the claim. The High Court agreed that the application had been improperly brought and ruled that, in the absence of exceptional circumstances, the correct course was to strike out the proceedings entirely rather than transfer them to the County Court.
The decision confirmed the proper application of Civil Procedure Rule 55 and Practice Direction 55A, paragraph 5.3, and establishes a clear precedent for how similar cases should be handled in future.
In addition to striking out the claim, the court awarded full costs in favour of DCB Legal’s client. The ruling prevented the lease from being reinstated, protected the landlord’s right to retain possession and avoided the additional delay and expense of further litigation.
Yael Gonen of Ashton Property Management, which acted for the landlord, said the integrated approach made a decisive difference.
“Having DCB Legal and DCBL manage everything under one roof made a huge difference,” she said. “The collaboration made a complex situation feel simple and took all the stress out of it. I felt I could rely on them completely and that the burden had been taken off my shoulders.”
The case highlights DCB Legal’s “One Solution” model, which combines legal advice, litigation and enforcement within a single group structure. While DCB Legal handled the legal strategy, court representation and urgent applications, DCBL managed enforcement and property re-entry through its nationwide network of certificated enforcement agents.
Despite the property being located in High Wycombe and the matter being heard in London, the case was handled seamlessly by DCB Legal’s North West-based teams, demonstrating the firm’s national reach and responsiveness.
As a result of the ruling, the landlord has retained possession of the premises and is now free to re-let the property, with legal fees recovered in full from the tenant.
Gonen added: “DCB Legal were incredibly professional and responsive throughout. Everything was handled quickly and efficiently, saving a huge amount of time, stress and money. I wouldn’t hesitate to recommend them.”
DCB Legal said the outcome underlines its ability to deliver decisive results for commercial landlords, particularly in complex property disputes where procedural errors can be leveraged to protect clients’ interests.
The firm added that the case serves as a clear reminder to tenants and advisers alike that issuing claims in the wrong court can carry serious consequences — including the risk of having proceedings struck out altogether.
