Court Expert Witness

Central London County Court

Planning Potential Provides Key Expert Witness for Lease Renewal Dispute

Planning Potential provided expert planning evidence in a high-profile lease renewal dispute involving the Ministry of Sound nightclub in Elephant and Castle. The central issue was whether a redevelopment break clause should be included in the new lease—requiring the court to determine whether redevelopment of the site is a real possibility during the next 15 years.

Helen Cuthbert, Founder of Planning Potential, acted as the landlord’s expert witness. Her task was to assess the planning feasibility of future redevelopment, including policy considerations, licensing issues, acoustic constraints, and the position of key stakeholders such as Southwark Council and the GLA.

The judge preferred and relied on Helen' evidence, describing it as measured, balanced and independent, realistic about challenges, yet clear that none presented a planning-policy barrier. It was considered more reliable than the opposing expert’s evidence and directly helpful in determining that redevelopment of the site remains a genuine possibility.

Our expert witnesses help clients secure successful outcomes in contentious planning and property matters—whether supporting landowners, developers or operators.

Summary of Achievements

  • Credible, impartial evidence that withstands scrutiny in court
  • Deep planning expertise across policy, licensing, design and viability
  • Clear, practical reasoning grounded in real-world development experience
  • Strong communication, helping the court navigate complex planning issues