Lawyer speaks out after losing bid to use garden square

A SENIOR lawyer told today of his disappointment after losing a marathon battle to gain access to one of London's most exclusive garden squares.

Jeffrey Herrmann, 64, and wife Mina, 58, fought for two years for a key to the garden outside their home in Ovington Square, Knightsbridge. Townhouses there sell for more than £3 million and ex-residents include Woody Allen.

But the High Court threw out the US couple's claim against Kensington and Chelsea council and the local committee which refused them access. The pair now face paying most of the estimated £173,000 costs of the case.

Despite living yards from the green space and being able to see it from their living room, they were told by Ovington Square Garden Committee they had no right to a key because their property does not face into the square.

Mr Herrmann and his wife, a hedge fund boss, moved there in 2008. "We were given an unqualified opinion by a solicitor who told us that if we bought the house, we could use the garden," said Mr Herrmann.

"It was important because we have no garden of our own. Hyde Park is our nearest green space. If we knew there was no garden we wouldn't have bought the house. It's one of the most under-used gardens I know of. You can go weeks without seeing anyone use it."

The couple claimed that under the Kensington Improvement Act 1851 they were entitled to access as they lived within the square's area. But last week the judge, Sir William Blackburne, "reached the clear conclusion" that only homes with a front or side facing into the square were covered. He said if he had found for the couple, it could have led to numerous other claims.

Mr Herrmann said he and his wife were considering legal action against the solicitor who advised them.