3PB

Commercial; Property and Estates.

Overview

Robin Howard undertakes work in all aspects of business and property. As a CEDR-accredited mediator, Robin looks for pragmatic and cost-effective solutions. At the same time, when the need arises, Robin is a tenacious and effective court room advocate. His areas of expertise include:

• sales of goods and supplies of services
• construction claims
• franchising
• insurance
• individual insolvency
• economic torts
• restitutionary claims
• directors' liabilities
• shareholders' remedies
• corporate insolvency
• Real Property
• Boundary
• Easements
• Landlord and tenant.

Much of Robin's work is advisory and so unreported. His recent cases include:

• a Commercial Court dispute concerning the destruction of stored oats
• the 'Thakrar litigation', a five-year-long saga involving fraud, insolvency in almost all forms (bankruptcy, receiverships, administrations) and a multi-million pound property company
• anti-competitive practices in the pharmaceutical industry
• company fraud centred on horseracing; disputes within motor industry trade associations and franchise groups
• complex franchising disputes in the recruitment industry, and claims against solicitors, accountants and surveyors

Robin's recent reported cases include:

• Rea v Rea [2022] EWCA Civ 195  [2022] 2 WLUK 253 Feb 2022: successful in a contested will case in front of the Court of Appeal where court held that the Deputy Master judge, in preventing cross-examination, caused serious prejudice to his clients and a retrial was necessary, with a stay in proceedings to enable mediation to occur.
• White v Amirtharaja [2022] EWCA Civ 11 | [2022] 1 WLUK 57: property dispute concerning Adverse Possession, advising and representing at all stages from the County Court via High Court to the Court of Appeal on a second appeal.

Robin accepts work from individuals and companies under public access. Where it is still available, he welcomes legal aid instructions. He accepts instructions under Conditional Fee Agreements.

Commercial

Robin’s commercial litigation experience includes disputes involving commercial contracts dealing with matters such as agency relationships, business sale agreements, franchise agreements, insurance policies, joint venture agreements, sale of goods, supply of goods and services, share sale agreements and other business to business relationships giving rise to liabilities in contract or tort.

As a CEDR-accredited mediator, Robin looks for pragmatic and cost-effective solutions. At the same time, when the need arises, Robin is a tenacious and effective court room advocate. His areas of expertise include:

• Sales of goods and supply of service
• Company Law and Partnership
• Franchising
• Insurance
• Corporate and Personal Insolvency
• Economic torts
• Restitution claims

Recent and ongoing cases

Geo-Minerals GT Ltd & Anor v Downing & Ors | [2022] EWHC 2151: High Court claim for in excess of £20m in respect of marketing and intellectual property rights in minerals quarried in Norther Ireland. Allegations of conspiracy by lawful/unlawful means.
Instrument Product Development Ltd v W D Engineering Solutions Ltd [2022] EWHC 1994 (Ch): High Court claim for profit share in products designed and manufactured for Swiss-based multinational. Representing successful claimant up to and at trial.
Ongoing dispute concerning the destruction of stored oats; the 'Thakrar litigation': involving fraud, and insolvency issues across bankruptcy, receiverships, administrations. [Commercial Court]
Ongoing complex franchising disputes in the recruitment industry [Kings Bench Division]
R (CC) v M: Representing a restorer of classic cars who successfully sued a customer for refusal to pay for the restoration work done on a classic Austin Healey.
A1 P v ES: Advising and representing a supplier of staff in dispute with a major commercial client over breach of contract (agency).
K v Ali: Enforcing a lien over cars against credit hire-related claims management firm.
Anti-competitive practices in the pharmaceutical industry.
Breach of Directors Duties including Company fraud centred on horseracing.
Disputes within motor industry trade associations and franchise groups.

Property and Estates

Robin Howard undertakes a wide variety of contentious Chancery matters, with a particular emphasis on real property, wills, probate and estate administration, and related professional negligence. He has appeared as an advocate before all the major divisions of the High Court, including the Court of Appeal, and before numerous specialist tribunals.

He is instructed to advise on the full range of property related matters, including commercial and residential landlord and tenant disputes, lease renewals, dilapidations, boundary disputes, easements, restrictive covenants, and land contracts. He is often instructed to obtain interim remedies in the Chancery Division, including injunctions and freezing injunctions.

Robin also advises on and acts in disputes relating to trusts, wills and inheritance, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, and the duties of trustees and personal representatives and the administration of estates

As a CEDR-accredited mediator, Robin looks for pragmatic and cost-effective solutions. At the same time, when the need arises, Robin is a tenacious and effective court room advocate.

Recent Cases include:

Rea v Rea [2022] EWCA Civ 195 [2022] 2 WLUK 253 Feb 2022: successful in a contested will case in front of the Court of Appeal where court held that the Deputy Master judge, in preventing cross-examination, caused serious prejudice to his clients and a retrial was necessary, with a stay in proceedings to enable mediation to occur.

White v Amirtharaja [2022] EWCA Civ 11 | [2022] 1 WLUK 57: property dispute concerning Adverse Possession, advising and representing at all stages from the County Court via High Court to the Court of Appeal on a second appeal.

Year of call 1986