Enterprise Chambers

Bruce Walker

Bruce specialises in property advice and litigation.  He is also very experienced in wills, trusts and probate, as well as partnership disputes, banking, construction, insurance and professional negligence matters. Property Bruce has extensive experience in real property litigation and advice. Some key areas in which he regularly advises and litigates are:  Conveyancing: contracts, transfers, s.2 LP(MP)A 1989, construction, rectification, specific performance, termination for breach, options, pre-emptions, overage clauses Land registration: priority of interests, alteration and rectification of the register, applications to the First Tier Tribunal Mortgages and charges: legal, equitable, priority, undue influence, mortgagee’s duties, charging orders Restrictive covenants: whether binding, enforcement in the courts, removal or modification in the UT Lands Chamber Boundaries and adverse possession Easements and profits: acquisition by express grant / reservation, implication and prescription, rights of way, rights to park, water rights, rights of support, shooting, interference, injunctions Trespass Nuisance: tree roots, water, noise etc Co-ownership: express, constructive and resulting trusts, equitable accounting, TLATA 1996 Joint ventures and partnerships Proprietary estoppel Licences Professional liability Planning Landlord and Tenant Landlord and tenant work is a mainstay in Bruce’s practice. Regular work includes: Commercial, agricultural and residential tenancies, licences and service occupiers Landlord and Tenant Act 1954 renewal Agricultural Holdings Act 1986 including succession, and Agricultural Tenancies Act 1995 farm business tenancies Termination and possession: including forfeiture, relief and waiver, surrender, disclaimer, break clauses, merger Covenants against assignment or other alienation Dilapidations Rent review Construction and rectification Wills, Trusts and Probate Bruce regularly advises and litigates in the fields of wills, trusts, probate and administration. His work includes: Probate claims (due execution, testamentary capacity, knowledge and approval, undue influence, forgery, fraud) Challenges to inheritance, including ademption, satisfaction, election, deathbed gifts, promises to leave property by will, setting aside lifetime gifts for undue influence or lack of capacity. Construction and rectification of wills. Administration actions (beneficiary and trustee disputes, removing executors and trustees, restraining powers to appoint new trustees, trustees’ duties and powers, distribution and winding up). Construction of trusts and powers, distribution, perpetuity. Trusts in the home (express, constructive and resulting trusts, equitable accounting, TLATA 1996). Claims under the Inheritance Act 1975. Commercial Partnership Banking (mortgages and guarantees) Construction Insurance Professional negligence Confidential information injunctions

Chris Dunk

Chris has a broad commercial and chancery practice. His experience includes general commercial disputes, company, partnership and insolvency law, trusts, probate and estates litigation, conflicts of law and jurisdiction, and property and real estate litigation. He accepts instructions in all of Chambers’ practice areas. Chris appears regularly in the High Court and County Courts throughout the country. Company Chris acted as junior to Hugh Jory QC during a two-week trial, representing a defendant director in respect of alleged breaches of fiduciary duty during the re-structuring of a group of companies: LRH Services Ltd (In Liquidation) v Raymond Arthur Trew and ors[2018] EWHC 600 (Ch). Chris also assisted Hugh Jory QC and Hugo Groves on a successful three-day strike out/summary judgment application on behalf of defendant directors, in respect of claims against them for wrongful trading, transactions at an undervalue, preference and transactions defrauding creditors: Brian Johnson (as Liquidator of Strobe 2) v Christian Arden and ors [2018] EWHC 1624 (Ch) Insolvency & Restructuring Chris acted for the successful respondent in an appeal before Zacaroli J concerning trusts of land and a bankrupt’s estate: Bulathwela v Thomas and anor [2019] EWHC 3511 (Ch). Chris acted as junior to Hugh Jory QC during a two-week trial, representing a defendant director in respect of alleged breaches of fiduciary duty during the re-structuring of a group of companies: LRH Services Ltd (In Liquidation) v Raymond Arthur Trew and ors [2018] EWHC 600 (Ch). Chris also assisted Hugh Jory QC and Hugo Groves on a successful three-day strike out/summary judgment application on behalf of defendant directors, in respect of claims against them for wrongful trading, transactions at an undervalue, preference and transactions defrauding creditors: Brian Johnson (as Liquidator of Strobe 2) v Christian Arden and ors [2018] EWHC 1624 (Ch) Commercial Credit hire agreements Mortgage disputes Carriage of goods Agricultural contractual disputes Enforcement of an adjudicator’s award in a construction dispute Claims under guarantees and indemnities Debt recovery and enforcement Wills, Trusts and Probate Inheritance Act claims, including advising the representatives of a minor TOLATA claims by co-habitees, spouses and trustees in bankruptcy (as to the latter, see Bulathwela v Thomas and anor [2019] EWHC 3511 (Ch)) An application to revoke letters of administration An application for an account by will trustees The proper interpretation of a will drafted by the deceased Representing an executor at a probate registry summons Property Acted on behalf of a commercial sub-tenant seeking relief from forfeiture Advised on commercial lease forfeiture, notices and renewal proceedings Represented and advised landowners in boundary disputes Acted on behalf of landlords and chargeholders in a variety of possession claims, including mortgage and trespass claims Appeared for trespassing protestors in a mining dispute Advised on rights of way and other easements in domestic and commercial contexts Acted and advised on a variety of TOLATA claims

Cristín Toman

Cristín has a strong commercial chancery practice, with particular expertise in all aspects of insolvency law, commercial dispute resolution and property litigation.  She is especially recommended for commercial injunctions. Cristín is appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown. Insolvency & Restructuring Cristín is known for her expertise in this area. She has a broad range of experience in corporate and individual insolvency matters and regularly acts and advises in proceedings concerned with all aspects of administration, liquidation and bankruptcy, including asset recovery proceedings, remuneration applications Berkeley Applegate applications and disputed debts. She has particular expertise in matters concerning validity of office holders’ appointments. Commercial Cristín regularly receives instructions in connection with high value commercial disputes and partnership disputes.  She has acted for clients from a wide range of businesses including banking, manufacturing, the legal profession, litigation support services, insolvency practitioners and suppliers of food. She has particular experience and expertise in commercial injunctions. Banking and Finance Cristín has a strong practice in Banking & Financial Services. She regularly represents banks and their customers in connection with enforcement of mortgages, loans and guarantees.  She is experienced in cases raising issues of undue influence, unconscionable bargain, constructive trust and unfair relationships. Company Cristín is experienced in Company disputes.  She advises and represents Companies, directors and shareholders in relation to proceedings for breach of directors’ duty, unfair prejudice petitions and shareholder disputes. Company Directors Disqualification Cristín acts for the Secretary of State and for Company directors in connection with disqualification applications. Property Cristín practises in all areas of real property and landlord and tenant, both residential and commercial. She is especially recommended for property injunctions.  She contributes to the Business Tenancies Chapter of the Landlord and Tenant Factbook (Sweet & Maxwell Ltd).  She regularly advises and represents landlords, tenants and other property owners in connection with a variety of property matters including trespass and interference with easements and rights of way, termination and renewal of business tenancies, forfeiture of commercial leases, rent review clauses, beneficial interests and co-ownership.

Duncan Heath

Duncan has an impressive all-round Chancery practice covering both traditional and commercial work with a particular focus on insolvency and commercial disputes, as well as property and contentious trust issues. He also maintains a busy probate and Inheritance Act practice. Duncan has a First Class Degree in German. Duncan mainly appears in the High Court in Leeds, Manchester, Newcastle and London. He also appears regularly in the county courts, representing claimants and defendants at trial and on appeal. He has considerable court room and trial experience. Insolvency & Restructuring Duncan regularly represents Insolvency Practitioners and private individuals faced with insolvency proceedings. His extensive property and contentious trusts practice makes him ideally placed to advise Insolvency Practitioners on the composition of the insolvent estate and third party interests in the same. His work typically extends to: applications to set aside statutory demands, bankruptcy petitions, applications to restrain winding-up petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986) and the like. He is also experienced in dealing with cross-border issues such as COMI disputes and recognition applications. Commercial Duncan has a burgeoning commercial practice, which has recently seen him instructed against Leading Counsel on several occasions. Recent work includes: Appearing against Leading Counsel to overturn a summary finding of dishonestly assisting a breach of trust in a commercial transaction. Appearing against Leading Counsel in a dispute about the beneficial owner of shares in a Sri Lankan company and whether a loan had been assigned. Acting for a claimant seeking restitution against the defendant who had received a payment into its bank account following a fraud being perpetrated on the claimant via Nigeria. Acting in a claim for breach of warranty on the sale of shares in a dental practice. Representing Lincoln City Football Club in the 3 day trial of a claim brought by a former England international footballer (issues arising – unjust enrichment, restitution, ostensible authority of agent). Appearing at trial for a Company to successfully enforce a personal guarantee given in a trade credit application form. Appearing at first instance and on appeal against leading Counsel to oppose a bank’s application for a stay on grounds of abuse of process because the borrower had issued similar claims in England and Ireland; Representing a German client in a freezing injunction application, in which third parties claimed ownership of the frozen monies. Company Duncan acts and advises in shareholder disputes and unfair prejudice petitions. Property Duncan is regularly instructed in property claims including issues such as boundary disputes, rights of way, adverse possession, landlord and tenant disputes, proprietary estoppel and co-ownership disputes. Wills, Trusts and Probate Duncan has substantial experience in claims under TOLATA 1996, trustees’ duties and powers and breach of trust claims and remedies. He also has particular experience and interest in probate actions and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. He is frequently instructed in cases where trusts law overlaps with other areas, for example insolvency, company and inheritance disputes. Professional Negligence and Disciplinary Duncan acts in professional negligence claims against legal representatives and others.

Hugo Groves

Hugo has many years experience of dealing with insolvency related matters including those with an American and cross border element. He also deals with a broad range of company, partnership and commercial matters. Hugo previously worked as a solicitor in a City firm which has given him an insight into the demands and expectations of business clients. Hugo’s approach to problem solving is both practical and commercial, which has given him the reputation of being both user friendly and responsive to client demands Insolvency & Restructuring All aspects, corporate and individual, including all stages of the winding up and bankruptcy process, disputed debts and insolvency appeals. Also EC Regulation cases and Chapter II cases Commercial Litigation for and against banks involving securities, mortgages and guarantees. Breach of share sale and asset sale agreements Company All aspects Including directors duties, directors’ disqualification and shareholder litigation; and partnership disputes Partnership and LLP All aspects Including directors duties, directors’ disqualification and shareholder litigation; and partnership disputes