The Appellant appealed against part of the decision of DJ Hart giving summary judgment against the entirety of his claim. Ed Hicks represented the Respondents in their application before DJ Hart and in defending the appeal before HHJ Baucher. The Appellant’s appeal failed in its entirety. The case related to a building in Mayfair divided into two units; a maisonette situated on part of the ground and the upper floors and a “showroom” situated on part of the ground floor and in the basement. Both units had been let on 999 year leases in 1995. The Respondents were assignees of the lease of the upper maisonette. When the maisonette was originally let the upper floors comprised the first, second and third floor, above which was the roof. The Lease of the maisonette provided that the demise was “all that maisonette situate on part of the Ground, First, Second and Third Floor of [the building] . . . which flat shall be deemed to include . . . the roof thereof”. In an agreement for lease pre-dating the demise, the freeholder had given the Respondents’ predecessor in title consent to construct a new opening from the third floor to the roof for the purpose of constructing a roof terrace. In 2000-2001 the Respondents’ predecessor in title had constructed what was in essence a loft extension with a roof terrace to form a new fourth floor.