Six heart specialists are suing a London clinic for more than £250,000 in a dispute over the lease of a property in Upper Wimpole Street, London W1.
In 1980, the cardiologists and cardiac surgeons, Raphael Balcon, Clive Layton, Mark Patterson, Anthony Rickards, Donald Ross, and John Wright, were allegedly granted a 99-year lease of 22 Upper Wimpole Street for use as a medical practice. At the time, they all owned shares in Cavendish Clinic.
The claimants contend that, in 1998, upon selling their shares in the clinic, they entered into an agreement that they would move to 47 and 50 Upper Wimpole Street, while remaining as sureties under the lease of no 22, and that the clinic would arrange for leases of the replacement properties.
However, they claim that, from December 2001, the clinic attempted to sell the lease through property agent Alexander Reece Thomson, and to transfer their respective interests. In February 2002, each doctor was allegedly served a notice seeking to terminate his right to occupy the replacement property as from July or September 2002.
In March 2002, the claimants served an option notice on the clinic. However, they maintain that the latter has failed to assign to them the remainder of the lease of no 22.
The doctors claim that they have suffered losses of £250,000, including the loss of the remainder of the lease. They are applying for a declaration that the option notice was validly served and that they are entitled to a transfer of the lease, and are seeking specific performance or damages.
References: PLS News 11/02/03
