Burton Waters Moorings Ltd v Boyd

Facts: Jeff Hardman (instructed by Schillings Partners) successfully represented the claimant company in Burton Waters Moorings Ltd v Boyd and others. 

The claimant sought to recover unpaid mooring licence fees from leaseholders of residential properties on the luxury Burton Waters estate. The defendants argued that certain terms of the mooring licence were unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1999, such that the licence was altogether unenforceable.

HHJ Coe QC disagreed, holding that the impugned terms were fair and enforceable. The Judge also raised concerns as to abuse of process by the defendants, to be addressed at a further hearing.

Practice Area: Property