Enterprise Chambers

Bridget Williamson

Bridget specialises in commercial Chancery litigation with an emphasis on all aspects of company disputes (including share and/or business sale agreements, shareholder disputes, unfair prejudice petitions, joint ventures, directors’ duties) and insolvency (personal or corporate, contested administrations, officeholder claims) but also extending to professional negligence and property-related disputes. Although her primary focus is on commercial Chancery matters, Bridget regularly advises and represents clients in cases involving property and trust-related elements. Bridget is former joint editor of the insolvency chapter of the Landlord and Tenant Factbook and gives seminars in her fields of practice. She has been a contributor to Practical Law’s Restructuring and Insolvency “Questions for Counsel”. Commercial Bridget has extensive experience in commercial disputes, including acting for both seller and buyer in breach of warranty claims arising from share or business sale agreements, misrepresentation, commercial fraud (including claims for unlawful means conspiracy), specific performance of a property-based joint venture agreement, claim for rectification of a major construction contract, claims based on finance leases, disputed claims under litigation-funding insurance, distributorship disputes, bank and private lender claims, both secured and unsecured, and guarantee-based claims. She represented the successful respondent in the House of Lords in a bailment claim relating to photocopiers (TRM Copy Centres (UK) Limited v Lanwall Services Limited [2009] UKHL 35), having also represented the client in the Queens Bench Division and Court of Appeal. She represented a licensee under the “Investors In People” scheme in a contractual dispute brought by one of its assessors (Broughton v Capital Quality Limited [2008] EWHC 3457 (QB). In MAN UK Properties Limited v Falcon Investments Limited [2015] EWHC 1324 (Ch) she obtained an order for specific performance of property-based joint venture agreement. Recent cases include: Acting for a major property consultant in a dispute arising out of the submissions of sites in the National Grid tendering process. Acting for the same client in a dispute arising out of the sale of a hotel and restaurant group. Acting for the vendor claimant in claim under a share sale agreement relating to the disposal of a portfolio of care homes. Acting for a lender seeking to enforce a charge over a Sikh temple in this jurisdiction in a dispute arising out of the refinancing of a Sikh temple in Canada. Commercial Bridget has extensive experience in commercial disputes, including acting for both seller and buyer in breach of warranty claims arising from share or business sale agreements, misrepresentation, commercial fraud (including claims for unlawful means conspiracy), specific performance of a property-based joint venture agreement, claim for rectification of a major construction contract, claims based on finance leases, disputed claims under litigation-funding insurance, distributorship disputes, bank and private lender claims, both secured and unsecured, and guarantee-based claims. She represented the successful respondent in the House of Lords in a bailment claim relating to photocopiers (TRM Copy Centres (UK) Limited v Lanwall Services Limited [2009] UKHL 35), having also represented the client in the Queens Bench Division and Court of Appeal. She represented a licensee under the “Investors In People” scheme in a contractual dispute brought by one of its assessors (Broughton v Capital Quality Limited [2008] EWHC 3457 (QB). In MAN UK Properties Limited v Falcon Investments Limited [2015] EWHC 1324 (Ch) she obtained an order for specific performance of property-based joint venture agreement. Recent cases include: Acting for a major property consultant in a dispute arising out of the submissions of sites in the National Grid tendering process. Acting for the same client in a dispute arising out of the sale of a hotel and restaurant group. Acting for the vendor claimant in claim under a share sale agreement relating to the disposal of a portfolio of care homes. Acting for a lender seeking to enforce a charge over a Sikh temple in this jurisdiction in a dispute arising out of the refinancing of a Sikh temple in Canada. Insolvency & Restructuring Bridget frequently acts for administrators and liquidators in officeholder claims (misfeasance, transactions at an undervalue and preference claims). She acts for administrators, liquidators and trustees in bankruptcy on applications made within the insolvency. She has represented creditors on contested administration applications. She has acted for and against officeholders on applications to challenge their conduct of the insolvency process or for their removal and on substantive directions applications relating to the conduct of the insolvency. Recent cases include: Representing the respondent administrators in an application under paragraph 74, Schedule B1, Insolvency Act 1986 (Re MEEM SL Limited (In Administration) [2017] EWHC 2688 (Ch) Representing the successful respondent in a bankruptcy appeal raising issues of set-off and under section 271, Insolvency Act 1986 (Sahota v Singh [2018] EWHC 2646 (Ch)) Advising and representing administrators on issues arising out of the administration of an unincorporated association (a former social club) Acting for a group of overseas creditors/investors in a contested administration application arising out of a failed property development Acting for the administrators on a substantive directions application relating to issues arising from the off-plan sale of units within the development and involving a potential conflict between trust and insolvency principles Professional Negligence and Disciplinary Bridget has acted in a number of professional negligence cases involving surveyors and valuers, solicitors and accountants. Claims against solicitors have included claims in relation to a failure to obtain adequate security over a portfolio of investment properties and the negligent drafting of a land option to acquire a reversionary lease of local authority property. Claims against accountants have included a failure to obtain available tax relief for research and development costs.

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

Celso De Azevedo

“Celso is a sought-after commercial barrister with particular expertise on emerging technology disputes relating to cryptoassets recovery, cyber risks, information technology, insurance, breach response and IT projects’ contractual disputes. Celso regularly appears before the High Court to obtain interim injunctions in ransomware, cryptocurrency fraud and data theft cases involving fraudsters, hackers, cryptocurrency exchanges, banks and e-money institutions, including non-publication, search and freezing injunctions, third party disclosure, Norwich Pharmacal and Bankers Trust orders. His recent cryptocurrency cases include the leading authorities in this area of the law, as follows: D’Aloia v Persons Unknown & Ors [2024], Boonyaem v Persons Unknown Category (A) & Ors [2023], Mannarino v Persons Unknown & Ors [2023] and Scenna v Persons Unknown & Ors [2023]. Celso is also recognised as a leading re/insurance barrister, having previously worked for over 20 years as a re/insurance and commercial litigation solicitor and partner in UK and US law firms in the City of London, where he gained extensive experience in complex multi-jurisdictional arbitrations and court proceedings worldwide. He is the 2023 BILA prize-winner of the leading practitioner textbook ‘Cyber Risks Insurance, 2nd Ed, Sweet & Maxwell’. Celso is qualified as a New York Attorney, and is a Fellow of the Chartered Institute of Arbitrators and Certified Crypto Researcher and Investigator (Crystal Intelligence).”

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

Christopher Brockman

Chris practices in all areas of personal and commercial insolvency His practice areas include asset recovery on behalf of insolvency office holders, opposing and obtaining administration orders; compulsory winding up; wrongful trading/breach of directors’ duties claims; 236 applications to examine directors and examination of directors; defending trustees against claims for negligence/breach of duty; Bankruptcy Restriction Orders. He acts for the Secretary of State on various applications, including Company Directors Disqualification proceedings and public interest petitions. Over the last few years he has developed a particular speciality in interim applications, including freezing and proprietary orders and summary judgment applications. In the recent past Chris had been involved in numerous high profile personal and corporate insolvency cases and is frequently instructed by HMRC in relation to complex applications including on provisional liquidations. He has also successfully defeated challenges to several, and obtained personal cost orders against the directors. Chris is an accredited mediator helping to resolve insolvency related disputes. He is also an expert in the inter-relation of criminal law and the civil insolvency regime. Christopher is a member of the Insolvency Lawyers’ Association and he is also a CEDR Accredited Mediator. He has spoken at numerous courses and conferences. He is a contributor to Lexis Nexis PSL (insolvency module) and Gore-Browne on Companies as well as the author of numerous insolvency related articles. Insolvency & Restructuring Chris’s practice includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications. He is a specialist in interim applications, in particular provisional liquidations and freezing orders. Company Directors Disqualification Chris is Junior Counsel to the Crown Regional A Panel and appears for the Secretary of State/Official Receiver on disqualification applications. In addition, he has acted for many directors in disqualification proceedings, and on s.17 CDDA permission applications for leave to act as a director.

Claire Thompson

Claire spent her first three years practicing from Chambers’ London branch but has recently re-located to Chambers’ Bristol branch. Claire continues to regularly appear in London, as well as now having an emphasis on work in Bristol and South Wales. Since starting practice Claire has developed a broad commercial chancery practice in the above areas with a particular emphasis on any matter which involves a property or insolvency element allowing her to draw on her experience and expertise in these other areas. She frequently appears in the County Court, the First-tier Tribunal and the High Court, on all manner of property cases (including possession proceedings, easements/restrictive covenants, adverse possession and service charges), insolvency matters (covering all manner of both personal and corporate, directors’ duties and other insolvency processes) and bank recovery proceedings (charges, mortgages, guarantees and indemnities). Claire has extensive experience representing clients at mediation. She is also a CEDR accredited mediator and accepts instructions to act as mediator in disputes in any of the above practice areas. Property Claire’s practice focuses on property litigation. She represents clients across a broad spectrum of property work including landlord and tenant (residential and commercial possession claims, business lease renewals, breach of covenant, dilapidations, service charge disputes), easements and restrictive covenants, adverse possession claims. Claire’s recent property experience includes: Successfully representing a landlord in obtaining possession against a Rent Act protected tenant; Successfully representing a social housing landlord in committal proceedings against a tenant for breach of an anti-social behaviour injunction; Advising on rights of way and claims for adverse possession in relation to both registered and unregistered land, including drafting grounds of opposition for the Land Registry; Advising in relation to a claim in respect of breach of a restrictive covenant in a parking deed; Obtaining an interim injunction to prevent sale of a property where an interest in the property was being claimed on the basis of proprietary estoppel; Successfully acting for a landlord in proceedings in the First Tier Tribunal in relation to the tenant’s liability to pay service charges where the tenant alleged that they were unreasonable and incorrectly demanded where it was necessary to argue estoppel by convention on the part of the landlord; Advising a landlord on their rights to bring forfeiture proceedings where the company has gone into administration; Acting for a landlord in recovering rent arrears and defending a counterclaim in misrepresentation in relation to the energy costs of the property based upon the energy performance certificate. Insolvency & Restructuring Claire acts for both insolvency practitioners and debtors in both the corporate and individual sphere and does a complete range of work in this area. She has a particular emphasis on insolvency work where there is also a property element such as tenants going into liquidation, administration or entering into a CVA. Claire’s company practice generally involves a cross over with her insolvency practice. She regularly acts in matters involving breach of directors’ duties on behalf of insolvency practitioners and directors alike where the company has subsequently gone into liquidation. Claire’s recent insolvency experience includes: Successfully representing a trustee in bankruptcy in a possession and sale application disputed on the grounds of an interest by virtue of proprietary estoppel/a common intention constructive trust; Successfully representing a liquidator of a company in an application against a director for misfeasance and breach of fiduciary duty; Obtaining an order that sums paid into court in advance of an ultimately unsuccessful annulment application could be claimed as after acquired property where the money had not been loaned for a specific purpose; Obtaining an order appointing interim managers pending the final hearing of an administration application where the administration order would trigger the forfeiture clause under the lease; Acting in Proceed of Crime Act proceedings for a bankrupt on the issue of whether compensation payable where the Bankrupt was a cause of action which vested in the trustee in bankruptcy. Successfully representing a liquidator in obtaining an order against a director for breach of their duties under the Companies Act 2006 where the director sought to rely upon s.1157 of the Companies Act 2006; Obtaining an order for permission to act whilst disqualified as director of a Company; Obtaining an order for permission to use a company name prohibited under s.216 of the Insolvency Act 1986. Banking and Finance Claire acts predominantly for lenders, advising and representing at all stages. She frequently appears and acts in relation to the enforcement of charges, mortgages, guarantees, LPA receivership cases. She has a particular interest in cases which cross over into the insolvency or property sphere. Her recent cases include: Successfully representing a lender at a summary judgment hearing where the defendant guarantor was relying upon a provision in a CVA prohibiting enforcement action against the director whilst the CVA was in force, where the principal debtor had gone into liquidation Advising receivers in relation to how to deal with unregistered tenancies of longer than 3 years, rent act tenancies, and assured tenants in HMOS granted by a mortgagee; Obtaining an order against a guarantor where the guarantor was running a number of defences including non-compliance with the new debt pre-action protocol. Representing a secured lender in protecting their priority in Proceeds of Crime Act proceedings in the Crown Court, and varying a restraint order to reflect this. Wills, Trusts and Probate Claire accepts instructions in relation to all aspects of this areas, but has particular expertise in relation to advising both executors and prospective claimants in relation to claims under the Inheritance Act 1975. She is frequently instructed to advise on both the merits and quantum of such claims. Claire’s recent experience includes: Successfully obtaining an order on behalf of co-execturices for the removal of a caveat in the Principal Registry of the Family Division; Representing a protected party at mediation in obtaining a settlement and subsequently obtaining court approval of that settlement and with the impact of connected issues of power of attorney and the appointment of deputies in the Court of Protection; Acting for an executor of an estate in successfully resisting a claim under the Inheritance Act 1975; Acting for an adult child in a claim for reasonable financial provision under the Inheritance Act 1975. Commercial Claire also accepts instructions in general commercial matters and has acted on all manner of construction, general contractual and sale of goods disputes. Her recent experience includes: Representing a commercial construction client in reducing a claim for unpaid invoices below the small claims threshold and then obtaining an adverse costs order against the claimant despite having received a small judgment in their favour; Advising a freeholder as to limitation under the Latent Defects Act 1986 a claim against a construction company for sub-standard structural works; Acting for a leading clothing retailer in successfully defending a number of claims made by customers for a refund of purchase price under the Consumer Rights Act 2015; Successfully defending a car hire company in a claim for parking charges, involving a dispute over the construction of the hire agreement clauses and paragraph 13 of Schedule 4 of the Protection of Freedoms Act 2012. Company Directors Disqualification Claire’s insolvency and re-structuring practice also has a substantial cross-over with her work in relation to Company and Company Director’s Disqualification. She regularly acts in matters involving breach of directors’ duties on behalf of insolvency practitioners and directors alike where the company has subsequently gone into liquidation and has significant expertise in Company Director’s Disqualification matters. Her recent experience includes: Successfully representing a liquidator in obtaining an order against a director for breach of their duties under the Companies Act 2006 where the director sought to rely upon s.1157 of the Companies Act 2006; Obtaining an order for permission to act whilst disqualified as director of a Company; Obtaining an order for permission to use a company name prohibited under s.216 of the Insolvency Act 1986.

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.

Daisy Brown

Daisy specialises in all areas of contentious insolvency, company law, property and wills and trusts. She also appears regularly in directors’ disqualification matters and is on the Attorney General’s Regional Panel B. Insolvency & Restructuring Daisy’s practice includes all aspects of company and individual insolvency. Her experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals and partnership liquidations. She has particular experience in personal insolvencies involving issues concerning ancillary relief. Company Directors Disqualification Daisy regularly appears for the Secretary of State under her appointment as Junior Counsel to the Crown Regional B Panel, advising on and presenting disqualification cases in court. She also acts for defendant directors. Company Daisy is regularly instructed in cases concerning director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. Property Daisy’s property practice includes regular instructions in the High Court, County Court and First Tier Tribunal in relation to disputes about beneficial interests, proprietary estoppel, landlord and tenant, boundary disputes, easements and rights of way. She has considerable experience in agricultural matters including cases concerning equine law. Mediation and ADR Daisy is a trained mediator and accepts instructions to mediate in all matters within her practice areas.

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.

Edward Francis

Ed is a leading property junior with expertise in all areas of real property and landlord and tenant. With a solid grounding in insolvency law and practice, he also specialises in property-related insolvency matters, together with professional negligence litigation arising from property transactions. He combines an intellectual rigour and sharp analytical mind with a commercial and practical approach to problems. Noted for both his written and oral advocacy, his practice is litigation-focused but he also frequently advises on transactional matters and issues arising on prospective developments. He is diligent and hardworking, always conscious of clients’ needs and deadlines. A strong believer in the role of the Bar in providing pro bono services in appropriate cases to meet the gap left by the withdrawal of civil legal aid, he is a reviewer for Advocate (formerly the Bar Pro Bono Unit) – and has run the London Marathon to fundraise for the organisation. In 2020, Edward Francis was appointed Deputy Master of the Chancery Division. Property Ed has expertise and experience across the whole spectrum of property work, his main area of practice, for which he has developed a strong reputation as a leading junior. He regularly advises and appears in courts and tribunals in disputes concerning easements, restrictive covenants, conveyancing, land registration and priorities, adverse possession, boundaries and party walls, trespass and nuisance, mortgages, options and rights of pre-emption, overage, and trusts of land and proprietary estoppel. He acts for landlords and tenants in commercial disputes concerning lease renewal, rent reviews, dilapidations, breaches of covenant and forfeiture, exercise of break and other options, and disclaimer and guarantees. And he is also regularly engaged in disputes concerning residential tenancies and long leases, including individual and collective enfranchisement, right to manage and service charges. Ed has appeared in several ground-breaking cases, including for the successful appellant in the important Court of Appeal decision in Cherry Tree Investments Ltd v Landmain [2013] Ch 477. Recent cases include: acting for tenant in heavily fought five day trial, and in subsequent appeal, in claim for damages for breach of covenant of quiet enjoyment resulting from damage to tenant’s business from landlord’s redevelopment works to retained parts of building acting for charity trustee in High Court challenge to the sale of land forming part of the designated land of the charity which was obsolete and no longer required for purposes of charity (Dewar v Sheffield City Council [2019] 2 WTLR 495) acting for objector resisting application before Upper Tribunal for modification of restrictive covenant benefitting country estate (Re Geall’s Application [2018] UKUT 154 (LC)) acting for applicants in four day FTT hearing claiming prescriptive right of way over upland farm-track providing important secondary means of access to dwellings (Bealing v Parsons [2017] UKFTT 344 (PC)) acting for co-owner of high value commercial property in four day trial concerning dispute over basis on which company controlled by other co-owner was in occupation, and on claim for order for sale and accounts advising on claim in nuisance resulting from erosion to canal bank advising on claims by investors of failed hotel development scheme to unpaid vendor liens Insolvency & Restructuring With a solid grounding in insolvency work in junior practice, Ed now focuses on property-related insolvency matters, including administrations and CVAs affecting retail tenants. He acted (with Peter Arden QC) for the landlords in their successful challenge to the Miss Sixty CVA on grounds of unfair prejudice (Mourant Property Trustees Ltd v Sixty SPA [2010] 2 EGLR 125). He regularly advises on topics such as the effect of disclaimer in the context of both liquidations and company dissolutions, landlord’s priority claims to rent and other sums as administration expenses, and on claims arising in failed property developments (acting either for investors or office-holders). Professional Negligence and Disciplinary As an adjunct of his property practice, Ed is regularly instructed in professional negligence claims against solicitors, surveyors and other property professionals, and is experienced in dealing with the range of technical issues concerning matters such as causation, damages attributable to the breach of duty, mitigation of loss, and contributory negligence commonly deployed in such claims. Recent cases include: Advising investors in failing student accommodation development scheme in relation to claims against property professionals Acting for claimant lender against third party professionals involved in loan transaction following failure to put in place promised security and subsequent impugned compromise of loan Acting for well-known London hairdresser in damages claim resulting from loss of business tenancy due to failure to issue renewal application on time Acting for owner of Mayfair property in claim against conveyancing solicitors resulting from failure to advise of adverse rights affecting property Commercial Ed has a wealth of experience across the commercial chancery field, in claims for the enforcement of guarantees, challenges to transactions on grounds of misrepresentation, undue influence and fraud, claims for breach of fiduciary obligations, asset recovery and tracing, equipment leasing and finance, partnership and shareholder disputes, amongst other areas. Recent cases include: Acting for ousted partner in heavily contested four day trial concerned with taking of dissolution accounts and share of post-dissolution profits, involving successful challenge to veracity of figures for turnover in accounts provided by surviving partner Acting for borrowers in claim for redemption of charges based upon tender; question relating to validity of tender where tender monies to be raised by refinancing conditional upon release of existing securities (Shearer v Spring Capital Ltd [2013] EWHC 3148 (Ch) Acting for defendant in High Court four day trial for rescission and damages of sale of ransom strip based on fraudulent misrepresentation (Bush & Baseline Properties Ltd v King [2013] EWHC 966 (QB) Acting for equipment-leasing company in respect of equipment leased to tenant and affixed to premises in claim for damages against landlord of premises based upon tort of unlawful interference following forfeiture of lease and reletting of premises with equipment in situ (Michael Gerson Leasing Ltd v Greatsunny Ltd [2010] Ch 558 Wills, Trusts and Probate Ed regularly advises and acts in contentious probate and Inheritance Act claims, and in claims relating to administration of estates. He acted for the executor in Re Samuel deceased [2018] EWHC 3513 (Ch) in a successful application to strike out as an abuse of process a challenge by a child of the deceased to her last will based on the same grounds as a previous challenge brought by another child which had been compromised without determination on its merits.

Edward Cohen

Edward has practised since 1973 in the field of general commercial and chancery dispute resolution and advice. He specialises in commercial contracts of all kinds, partnerships and LLPs, company and insolvency, professional negligence and civil fraud. Within those areas his practice is wide-ranging, which enables him to advise and act with confidence in multidisciplinary cases. He is regularly instructed in cases which would otherwise require the services of a QC. He is noted for combining an excellent legal brain, good judgment, commerciality and a very approachable manner with an extremely conscientious approach towards research and preparation, persuasively presented paperwork and forceful and astute advocacy. He co-founded Chambers in 1975 and was head of 11 Stone Buildings from October 2004 till January 2015. He has sat as a Recorder since 2000. Although the vast majority of his work comes from solicitors or foreign lawyers, he does also undertake licensed and public access work. Over the years he has established a formidable reputation and has appeared in many reported decisions ranging from the House of Lords and Privy Council to the Court of Appeal and courts of first instance. For more detailed information, please consult the barristers’ section on www.11sb.com.

Geoffrey Zelin

Geoffrey Zelin has built a broad-based practice encompassing all aspects of commercial and chancery litigation, often appearing against silks. He is particularly in demand for company law (including shareholder disputes and cases involving breaches of directors’ duties), corporate insolvency cases (including directors’ disqualification) and bankruptcy, as well as commercial contract disputes, the enforcement of bank securities such as mortgages and guarantees, fraud, property disputes and professional negligence claims, particularly those involving solicitors, accountants and surveyors. Banking and Finance Geoffrey has considerable experience in cases involving the enforcement of banking securities such as guarantees and mortgages acting for both banks and sureties. Many of his cases have an international element with sureties based in different jurisdictions, raising issues of jurisdiction and forum conveniens and Geoffrey has acted as an expert witness in foreign proceedings on the English law of guarantees. Commercial Geoffrey has acted for and advised in a wide range of commercial matters usually with a Chancery flavour including share sale agreements, property transactions, franchises, litigation funding. Company Geoffrey has a highly commended company practice, favoured by solicitors for his accuracy, practicality and realism. His practice includes all aspects of company work and he has a particular interest in directors’ disqualification, directors’ duties and shareholder’s disputes. He represented the respondents in Moxon v Litchfield [2013] EWHC 3957 (Ch) the claimant and petitioner in Re Infinite Renewables Ltd [2017] EWHC 1043 (Ch) as well as advising directors and shareholders on a wide range of other matters involving shareholder disputes, partnership and LLP disputes, claims for breach of directors’ duty and corporate insolvency. In relation to directors disqualification Geoffrey appeared in Re Park House Properties a leading authority on the duties of non executive directors Insolvency Geoffrey is widely commended for his keen legal brain and courtroom performance in insolvency work. A responsive, tenacious and considered advocate, he is often praised for his commercial pragmatism. His practice features an enviable track record in major insolvencies over the years including Imperial Consolidated in which Geoffrey represented and advised the administrators in relation to major asset recovery claims, Austin Rover (acting on behalf of the German creditors committee) and MF Global where he was instructed on behalf of the Tennesse Valley Authority, an agency of the US Federal Government. Geoffrey acted for the company on its appeal against a winding up order in Re LSI 2013 Ltd [2014] and has advised and acted liquidators, administrators and receivers in a number of matters, including asset recovery arising from breach of fiduciary duty, preferences and transactions at undervalues and the retrospective appointments of administrators where the original appointment was defective. Partnership and LLP Geoffrey has wide experience of all aspects of partnership law (including LLP’s) and has acted in numerous partnership matters involving questions of whether a partnership existed at all; the dissolution and winding up of partnerships; partnership accounts; retirement (including compulsory retirement) and expulsion of partners; liability of partners and partnership insolvency Property Geoffrey has an outstanding reputation across a range of property matters. Well respected by peers and colleagues alike, he is regularly called on to provide expert advice and advocacy in property and property-related matters. He has in recent years been engaged in Glatt v Sinclair [2011] EWCA Civ 1317 as well as advising one of the landlords in connection with the Bowlplex Ltd CVA and other cases in which he has been able to deploy his experience in the property/insolvency crossover. He advised and acted for one of the defendants on property issues arising in the JSC BTA Bank v Ablyazov litigation. Geoffrey has also acted in many cases involving trespass, adverse possession, easements and restrictive covenants (both their enforcement and their variation or discharge). Other cases include acting in a claim for damages to an historic waterfront building in Whitby caused by the over-dredging of the harbour; representing fashion designer Ashley Isham in a constructive trust/proprietary estoppel dispute involving questions of Marshall Islands company law; and acted for the purchaser in the Orientfield litigation arising out of the abortive purchase of a £25m house in London (Orientfield v Bird & Bird [2015] EWHC 1963 (Ch) and [2017] EWCA Civ 348). Professional Negligence and Disciplinary Geoffrey has wide experience of professional negligence cases involving solicitors, surveyor s, valuers, receivers and other professionals.

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

James Pickering KC

James specialises in all areas of commercial litigation with a particular emphasis on commercial fraud, insolvency, and professional negligence. Highlights include representing the liquidators in the well-known “Hyde Park Hotels” fraud, the administrator in the high profile A1 Grand Prix insolvency, the financiers behind a Hollywood movie, provisional liquidators in one of the first crypto-currency insolvencies, the creator of breakthrough gambling software in a multi-million pound commercial IT trial, several well-known football clubs, the shareholders in a leading celebrity chef-owned London restaurant, a lender in a professional liability claim arising out of Channel 4’s Brookside housing estate, and a Swiss banker trustee in a Liechtenstein trust fraud trial. As well as the above, James has appeared in numerous well known and reported cases and is highly regarded within the Chancery and Commercial Bar. James is a regular speaker at events both domestic and overseas. Recent highlights include speaking in New Delhi, Istanbul, Gibraltar and the Isle of Man. James also has a particular interest in CIS and middle eastern work. In February 2016 James was appointed as a Deputy Master of the High Court and in September 2018 he was appointed as a Deputy High Court Judge. In March 2019 he was elected as Head of Chambers and in March 2020 he was appointed silk. Insolvency James deals with all aspects of insolvency litigation representing office holders, directors and creditors alike. Recent successes include a misfeasance action against directors of a Jersey company, a provisional liquidation in one of the first cryptocurrency insolvencies, and committal proceedings against a non-compliant director resulting in a 9-month custodial sentence. James is currently instructed by liquidators and administrators in one of the largest insolvency cases currently taking place within the High Court which is due to heard over 8 weeks in early 2020. Commercial James practices in all areas of commercial law. Recent highlights include an arbitration between a Ugandan distributor and one of the largest exporters in India over a failed distribution deal, and representing the estate of a Yemeni businessman known as the “King of Petrol” in a cross-border claim worth tens of millions of pounds. Professional Negligence & Disciplinary James regularly represents both claimants and defendants in professional liability claims. Highlights include a protracted 7-party dispute in which he represented solicitors in relation to a failed wrongful trading claim instigated by one of the UK’s richest businessman and which resulted in a successful appeal to the Court of Appeal.

James Davies

James is a leading junior in the field of commercial Chancery work, with a particular emphasis on contentious insolvency, company law and property work. He is often instructed in high value and complex litigation, frequently involving a cross-border element. James is an experienced trial advocate; his cross-examination was described by a Judge in a recent case as “courteously hostile” ([2019] EWHC 1673 (Ch)). Insolvency & Restructuring James has a vast experience of all areas of contentious insolvency both in the corporate sphere (including matters relating to partnerships and LLPs) and the personal sphere. He is instructed by office holders and others both as sole counsel and as part of a wider team. James is regularly instructed on applications to set aside statutory demands, applications to restrain the presentation and advertisement of winding up petitions, on the hearing of bankruptcy and winding up petitions, on applications for administration orders and on the full range of claims under the Insolvency Act 1986. James also has extensive experience of applications to remove officeholders. James has particular experience of cross border insolvency including acting for officeholders of foreign companies bringing claims in England and Wales and seeking assistance from the English courts pursuant to section 426 of the Insolvency Act 1986. Recent cases include: Acted for a group of successful investors in the latest case about administrations of companies being used to raise funds from investors to renovate property in return for the grant of leases of individual rooms within the property: In the matter of CHF 2 Ltd and Ors [2020] EWHC 2685 (Ch) Acting for the successful liquidator of an LLP in a four-day trial and securing judgment for misfeasance and pursuant to section 214A of the Insolvency Act 1986: In the matter of C.J. & R.A. Eade LLP (sub nom McTear v Eade) [2019] EWHC 1673 (Ch) Acting for the liquidator in the four-day trial of a claim against the company’s former directors for wrongful trading, misfeasance and various claims under the Insolvency Act 1986: In the matter of Contract Utility Services (CUS) Limited (sub nom Jackson v Casey) [2019] EWHC 1673 (Ch) Acting for a well-known financial institution in securing an injunction restraining the presentation of a winding up petition against it Acting for the liquidator of a Panamanian company in a fraud claim against a former solicitor for over £4.5m Acting for two creditors in an application to remove joint liquidators from office Acting for the officeholders in an application to remove them from office: Ve Vegas Investors IV LLC v Shinners [2018] EWHC 186 (Ch) Property James has extensive experience of all aspects of real property and landlord and tenant matters. He has particular expertise in the interaction between property law and insolvency and is regularly instructed to advise on issues such as forfeiture, receivership, disclaimer, the validity and enforceability of security and the impact of Company Voluntary Arrangements on leasehold interests. Recent cases include: Led by Zia Bhaloo KC and subsequently Tim Morshead KC on a substantial claim for professional negligence in the context of a conveyancing transaction, involving complex issues relating to an overage agreement: Tanea Holdings Limited v Bower Cotton Solicitors Appearing for the successful claimant in five-day trial of a proprietary estoppel claim: Attridge v Bird (Article ) Acting for the claimant in a claim for the appointment of a receiver and for dissolution of a farming partnership with assets worth several million pounds Acting for a successful claimant in a three-day trial seeking a declaration that the claimant had acquired an easement by prescription Company James’ company practice overlaps substantially with his insolvency practice. He is experienced in all forms of shareholder disputes, unfair prejudice petitions and derivative claims as well as claims for breach of directors’ duties and unlawful distributions. Recent cases include: Acting for the petitioners in an unfair prejudice petition presented in the High Court in respect of a substantial company, which had attracted a great deal of publicity amongst celebrity and life-style magazines Acting for the successful claimant shareholders of a company incorporated to produce a “retro” version of the celebrated Sinclair ZX Vega Plus. James obtained an injunction to prevent the directors wrongfully forfeiting the claimants’ shares in the company Advising a high-profile founder of a start-up company on how to negotiate a dispute with a major shareholder Commercial James is regularly instructed in commercial cases, often with a cross-border element. He is often asked to advise on contractual disputes, including sale of goods claims, and matters relating to debt recovery and enforcement. For several years, James was led by Peter Arden KC and Stephen Kenny KC on a claim in the Commercial Court by 350 individuals against a Cypriot bank and developer in relation to the miss-selling of Cypriot property. The claim gave rise to jurisdiction disputes involving questions of consumer status and rights in rem. Recent cases include: Representing the successful respondents in an application to discharge a freezing injunction on the grounds of alleged material non-disclosure: Bokhari v Shah [2019] WLUK 165 Acting for the claimant in a long-running dispute against various Kuwaiti defendants involving the priority and validity of certain security interests Representing the claimant in the trial of a sale of goods case involving the Factors Act 1889 Advising on the Commercial Agents (Council Directive) Regulations 1993

Jeremy Bamford

Jeremy specialises in commercial litigation with a particular emphasis on all aspects of contentious insolvency (corporate insolvency, LLPs, partnerships and bankruptcy), company law (including directors’ duties, shareholder disputes and unfair prejudice petitions), company directors’ disqualification proceedings and BROs, disciplinary, licensing and regulatory proceedings involving insolvency practitioners (acted for the ICAEW on boo.com) and bank recovery proceedings (charges, mortgages, guarantees and indemnities). He has appeared in over 25 reported insolvency and CDDA cases. He has considerable practical experience of directors’ disqualification proceedings, having been appointed to the Attorney General’s CDDA provincial panel and is now appointed as Junior Counsel to the Crown Regional A Panel. He frequently represents directors, including in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributor to Mithani: Directors’ Disqualification (Butterworths). Jeremy is a Council Member of the Insolvency Lawyers Association and is a member of the ILA Technical Committee. Insolvency & Restructuring Jeremy is a specialist insolvency barrister. Insolvency work forms the majority of his practice and includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications to solvent members’ voluntary winding up, along with pretty much most things in between. Company Jeremy has considerable company law experience dealing with director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. His reported company cases include Wilton-Davies v Kirk [1998] 1 BCLC 274, in which he obtained an interim order for the appointment of a receiver in an unfair prejudice petition and Dyment v Boyden and Bishop [2005] 1 WLR 792, one of the few unlawful financial assistance cases under s.151 CA 1985 to reach the Court of Appeal, where he acted at first instance and in the appeal for the successful defendants. Company Directors Disqualification Jeremy has considerable specialist experience of disqualification cases under the CDDA 1986. For many years he has acted for the Secretary of State / Official Receiver under his appointment to the Attorney General’s CDDA provincial panel and now as Junior Counsel to the Crown Regional A Panel, advising on and presenting disqualification cases at trial. In addition, he has substantial experience defending directors in disqualification proceedings, during the pre-issue investigation period, assisting with and drafting representations to avoid the issue of proceedings or narrow and clarify allegations, evidence in defence, defending directors at trial, disqualification undertakings and s.17 CDDA permission applications for leave to act as a director. He represented directors in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributing editor to the specialist textbook Mithani: Directors’ Disqualification (LexisNexis). Commercial Jeremy has experience of a wide range of commercial litigation, including in particular bank recovery proceedings (enforcement of charges, mortgages, guarantees, LPA receivership), civil fraud (including dishonest assistance and knowing receipt), ROT, breach of warranty and general contractual disputes. Professional Negligence and Disciplinary Jeremy has particular experience dealing with Disciplinary and Regulatory matters involving IPs. He has advised and represented a number of the recognised professional bodies and insolvency practitioners in respect of disciplinary complaints and decisions to withdraw insolvency practitioners’ licences. He successfully represented the Investigation Committee of the ICAEW before the disciplinary committee (i) in a disciplinary complaint against 2 IPs concerning their appointment as provisional liquidators of boo.com, where there was a prior material professional relationship and (ii) in a disciplinary complaint against an IP concerning an invalid appointment as LPA receiver and duress and also acted before the Appeal Tribunal of the ICAEW in respect of that complaint. He successfully defended a solicitor/IP facing an investigation of a professional complaint by the Law Society and successfully represented an IP in an appeal to the Insolvency Service over their decision to withdraw his insolvency licence.

Jonathan Arkush OBE

Jonathan conducts a wide range of commercial and chancery litigation, with a particular emphasis on all aspects of contentious probate, including mental capacity, family provision, cross-border estates and conflicts, disputes on the validity of wills and estates and trusts. His practice also extends to real property, company and partnership. Clients vary from individuals to banks, building societies, PLCs and major retail operators. Jonathan is a well-known and highly experienced mediator. He is a member of the mediation panels of the Chancery Bar Association, Property Bar Association, Property Law UK, and the Association of Contentious Trust and Probate Practitioners. He received the ADRg Award 2006 for his contribution to ADR and was cited as one of the group’s most successful mediators. Since gaining his accreditation in 2000 he has conducted more than 300 mediations concerning a wide range of disputes in all of the practice areas listed below. Jonathan has held judicial office as a Deputy Chancery Master in the Business and Property Courts of England and Wales since 2003. Mediation and ADR Jonathan has conducted more than 300 mediations concerning a wide range of disputes, including inheritance, wills and probate, negligence (both professional and otherwise), breach of contract, breach of trust, commercial property, residential property, contested shares in property, boundary and neighbour disputes, family trusts and settlements, disputes between members of charitable and religious bodies, sale of goods and banking disputes. These mainly involved high value disputes. As a practitioner with years of experience at the Bar in property and commercial disputes, he is well used to the ways of litigation, negotiation and, in mediations, asking the penetrating questions designed to flush out the parties’ real views on the merits of their case and expose its strengths, weaknesses and risks. Jonathan is equally used to handling advocates, members of other professions and occupations and litigants in person. He consistently achieves a successful settlement outcome in almost all the mediations he conducts. By temperament and experience he is not overawed by difficult parties or their representatives. Sitting as a Deputy Master in the Business and Property Courts of England and Wales (formerly the Chancery Division) has helped him to keep a firm hand on difficult situations and assess rival contentions tactfully and with impartiality and fairness. Wills, Trusts and Probate Jonathan has wide advisory and litigation experience in probate, including interpretation of wills, questions involving disputed wills and other testamentary documents, intestacy, undue influence and lack of testamentary capacity claims, administration of estates, breach of duty by executors and trustees and Court of Protection and mental capacity work. These often involve sensitive family conflicts where strategy and negotiations are vital in ensuring that the case is firmly progressed either to trial or to a resolution of the issues by agreement. Jonathan has extensive experience in claims for financial provision under the Inheritance Act – both in bringing and resisting such claims. These frequently overlap with the range of sensitive conflicts and other matters described under probate and demonstrates his multi-disciplinary expertise. Property Jonathan has wide experience in most types of disputes and litigation involving property. These include matters such as vendor & purchaser, conveyancing, title, misdescription and misrepresentation in contracts for the sale of land, auction contracts, rights of way and other easements, boundary disputes, squatters and trespassers, adverse possession, licences and disputes over shares in property between unmarried couples. He has dealt with markets and fairs, both statutory and under charter, and rights to prevent rival markets. He is frequently instructed in relation to mortgage disputes both by lenders and borrowers and has considerable experience of advising and litigation in Barclays Bank v O’Brien, Royal Bank of Scotland v Etridge and Stack v Dowden cases. Jonathan’s landlord and tenant experience includes disputes and litigation, primarily, but not exclusively, involving commercial property. He is frequently instructed by both landlords and tenants in relation to such matters such as forfeiture and relief from forfeiture, breaches of covenant and the scope of covenants generally, rent review, service charges, questions whether an agreement comprises a lease or a licence. He also deals with business tenancies under the Landlord & Tenant Act 1954. Commercial Jonathan has extensive experience in commercial agreements of many kinds, including the sale and supply of goods (international and domestic), banking, conflict of law issues, disputes as to forum, agents’ claim for commission and commercial agents’ disputes. He also has experience of claims between employers and employees, past and present, particularly those involving non-competition and non-solicitation covenants and other issues of restraint of trade and intellectual property. Charities Jonathan deals with litigious and non-litigious aspects of charity law. He acts for major charities in relation to a very wide range of contentious probate matters. He is also used to dealing with trust companies and other professional executors.

Kavan Gunaratna

Kavan represents clients in disputes across the full spectrum of commercial-chancery litigation. He is ranked by the legal directories as a leading junior in several disciplines, reflecting his strength and expertise across the board, including in the fields of: insolvency and restructuring; property/ real estate disputes; and chancery-commercial litigation, where he is described as “unfailingly brilliant” and “one of the best barristers in the area” (see below). Kavan’s work is exclusively contentious and he is often on his feet, appearing in the Business and Property Courts of the High Court, in the specialist County Court lists, in Tribunals, and in the Appellate Courts in all of his fields of practice. Kavan won Chambers & Partners - Company/Insolvency Junior of the Year award in 2022 Insolvency & Restructuring Kavan deals with all aspects of corporate and personal insolvency. His experience includes, all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, injunctions, bankruptcy petitions, administration applications, antecedent transaction claims (misfeasance, TUVs, preferences, s.423 IA 1986), unlawful dividends and distributions, wrongful trading and all other areas of insolvency. Property Kavan covers all types of real estate litigation, commercial landlord and tenant disputes, and residential lease and tenancy disputes Commercial All aspects of general commercial litigation and banking litigation, including commercial fraud, asset recovery, guarantees, secured lending and contractual disputes Company All types of company law, including directors’ disqualification, directors’ duties and shareholder’s disputes Banking and Finance Kavan has dealt with a range of banking enforcement matters such as guarantees and mortgages acting for both banks and sureties, Partnership and LLP Kavan has regularly advised and acted in partnership and LLP disputes. His assistance is often sought in the context of disputes among partners/members of professional partnerships/LLPs. His multi-disciplinary expertise enables him to give complete advice on other aspects which regularly arise in partnership/LLP disputes, such as contract, insolvency, professional negligence, civil fraud, insurance and commercial property. Professional Negligence and Disciplinary As well as acting in cases involving alleged breaches of duties of care and skill by company directors and banks, Kavan regularly acts in professional negligence claims against solicitors, accountants, financial advisers and insolvency practitioners

Madeline Dixon

Madeline has a busy commercial Chancery practice, with a particular emphasis on insolvency and company law. She frequently appears in both the High Court and the County Court and is equally comfortable acting as junior counsel or appearing in her own right. Her practice has an international aspect: in addition to her experience of insolvency with a cross-border element, Madeline is currently acting as junior counsel in a long-running contentious trusts action in the Bahamas. Insolvency & Restructuring Madeline’s practice encompasses both personal and corporate insolvency. She is regularly instructed by officeholders and private individuals in insolvency proceedings, typically concerning: applications to set aside statutory demands, disputed bankruptcy and winding up petitions, annulment applications, appeals against bankruptcy orders and clawback proceedings (including TUVs, preferences and misfeasance). Recent cases include: Choudhury v Luton Borough Council [2017] EWHC 960 (Ch), representing the Respondent in an appeal against a bankruptcy order; Patterson v London Borough of Lewisham [2017] EWHC 632 (Ch), again representing the Respondent in an appeal against a bankruptcy order; Advising the liquidator of a society registered under the Co-operative and Community Benefit Societies Act 2014 in a proposed application for directions where it appeared that his appointment was invalid; Advising a trustee-in-bankruptcy as to whether proceedings to challenge the transfer of a property located in Spain should be issued in Spain or in this jurisdiction; Advising and successfully representing the trustee of a Northern Irish bankruptcy in an application for the possession and sale of a property situated in England; Successfully representing the Respondent in an application to restrain advertisement of a winding-up petition. Company Madeline has advised and acted in claims for breach of directors’ duties, shareholder disputes, applications to restore companies to the register or extend the time to register a charge, and applications to rectify or remove material from the register. Recent examples include: Advising a company and two limited liability partnerships in connection with claims against a director of the company and member of the partnerships for breach of duty; Successfully representing a company in its application to remove unaudited financial statements from the register and replace them with accounts for a micro-entity; Advising shareholders of a company in connection with a potential unfair prejudice petition. Wills, Trusts and Probate Madeline has a burgeoning contentious trusts practice with an offshore emphasis. Led by Lawrence Cohen QC, Madeline acts for members of the Hayward family in litigation in the Bahamas concerning their exclusion as beneficiaries from a family trust; she has assisted with interlocutory hearings both in the Supreme Court and the Court of Appeal. Further recent work includes: Advising trustees of a charity in connection with potential claims for breach of fiduciary duty against the remaining trustees; Advising the settlors of a trust as to its validity; Advising and successfully representing the claimant in a heavily contested application for an order for the sale of a property pursuant to TOLATA 1996. Commercial Madeline has extensive experience representing both companies and individuals in contractual disputes, misrepresentation claims and enforcement proceedings. Her recent work includes: Assisting with the preparation of an application for permission to appeal to the Court of Appeal in connection with construction of a contract, led by Ian Mayes KC. Drafting proceedings and representing the claimant in his claim for the recovery of unpaid accountancy fees; Representing the claimant in a multi-track trial for the recovery of a loan; Drafting proceedings in a management company’s claim for the recovery of commission from a musician; Advising a company on a “Henderson v Henderson” point in a claim for unpaid invoices; Representing the claimant in a misrepresentation claim. Property Madeline has experience in a number of areas in real property, including mortgages, land registration, nuisance, trusts of land, constructive trusts and propriety estoppel. She is also regularly instructed in commercial and residential landlord and tenant disputes. Examples of her recent work are: Acting for the claimant in a multi-track claim for possession of a residential property, in which propriety estoppel is pleaded in the defence; Advising the defendant in a claim under the Access to Neighbouring Land Act 1992; Advising the claimant in a claim for specific performance of covenants in a long lease of residential property; Representing the claimant in its claim for an injunction requiring the removal of a floating restaurant in the Brighton Marina.

Marilyn Kennedy-McGregor

Marilyn specialises in work which is likely to become adversarial and is known both for negotiating attractive pre-trial settlements for her clients and her forceful advocacy. In recent years she has appeared in an increasing number of high value 1975 Act claims, many of the cases also involving beneficial interests and attempts to set aside wills for undue influence or lack of testamentary capacity. Her commercial work frequently concerns contractual and other disputes relating to land, and particularly failed property joint ventures. She is often brought into disputes at a very early stage in order to advise on an effective tactical approach to achieve the client's desired outcome. For more detailed information, please consult the barristers' section on www.11sb.com.

Matthew Maddison

Matthew has a broad commercial chancery practice, covering both traditional chancery and commercial disputes. He has a meticulous eye, and a commercial perspective. He is noted for his insolvency experience, and has been described as a “steely advocate”. Commercial Matthew’s practice includes all aspects of commercial litigation, including contractual disputes, sale of goods and partnership disputes. He frequently acts in claims against guarantors, and has given a number of seminars concerning such claims. Insolvency & Restructuring Insolvency accounts for a significant proportion of Matthew’s practice. He has considerable experience in a broad range of insolvency matters, including: Transaction at undervalue (TUV), preference, misfeasance and unlawful distributions claims; Sham trusts; Disputes as to the bankrupt’s share in jointly owned property, including the application of the principle of equity of exoneration; Administration orders; Applications to extend administrations; Applications to make distributions to unsecured creditors; Applications in respect of office-holder’s fees and expenses; Directors disqualification. Company Matthew is experienced in a broad range of company disputes, including shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. Property Matthew deals with all aspects of Property law, including conveyancing, charges, easements and restrictive covenants. He has acted in a number of cases concerning the application of section 2 of the Law of Property Act 1989 and the issue of whether the vendor is obliged to return a deposit. Wills, Trusts and Probate Matthew accepts instructions in all aspects of Trusts and Probate. His experience includes: Traditional probate disputes (allegations of lack of testamentary capacity, want of knowledge and approval, undue influence); Claims under the Inheritance (Provision for Family and Dependants) Act 1975; Advising on the construction of wills; Advising in potential professional negligence claims, including issues concerning inheritance tax; Applications to remove personal representatives; Applications for accounts against intermeddling executors; Applications to revoke probate on the ground that the will was a false document.

Niall McCulloch

Niall specialises in commercial law (including commercial fraud), offshore and international work (notably in the BVI as well as other jurisdictions), insolvency and restructuring and company law (with a particular emphasis on shareholder disputes). He regularly appears in the Commercial Court, the Chancery Division and in the BVI Commercial Court. He also regularly appears in arbitrations including inter alia ad hoc, LCIA. Commercial Niall regularly acts in complex fraud and asset tracing claims, often with an international element. He also acts in a range of commercial matters from contractual disputes to guarantees. He is also experienced in obtaining freezing orders both in England (including in support of foreign proceedings) and in off shore jurisdictions Offshore and International The majority of Niall’s work contains an international element and he spends much of his time advising and acting in off-shore matters, particularly in the BVI. Insolvency & Restructuring Niall’s insolvency practice is focussed on corporate insolvency, with a particular emphasis on misfeasance and directors’ duties, cross border insolvency and restructuring and Section 423. Company Niall has a particular emphasis on shareholder disputes, director’s duties and director disqualification.

Phillip Gale

Phillip specialises in commercial, insolvency and property litigation. Called in 2008, he has a busy court and advisory practice with an established track record in reported cases. He is a member of the Chancery Bar Association, Property Bar Association, Insolvency Lawyers’ Association and INSOL International. Insolvency & Restructuring Insolvency litigation forms a major part of Phillip’s practice. On the corporate side, his experience includes transactional avoidance and misfeasance claims, wrongful trading claims, injunctive relief and all aspects of winding up and administration. He co-wrote the chapter on disclaimer in Butterworths Property Insolvency. Recent reported cases include Re a Co; J Carney Construction Ltd v Manchett Cleaning Ltd [2018] EWHC 1101 (Ch) (injunction to restrain presentation), Endersby v Astrosoccer 4 U Ltd [2017] 12 WLUK 168 (contested administration application) and Hussein v Haus of Vanity Ltd [2017] EWHC 2615 (Ch) (just and equitable winding up). Phillip has recently advised on the treatment of an expense claim in one of the retail administrations and on the correct place to bring proceedings in an intra-UK insolvency. On the bankruptcy side, Phillip acted for the successful trustee in setting aside a matrimonial consent order as a transaction at an undervalue (Green v Austin [2014] BPIR 1176) and has particular experience of mental capacity issues arising in the context of bankruptcy proceedings (for example, De Toucy [2011] EWHC 3809 (Ch); [2012] BPIR 793. He also acted for the successful trustee in an application for possession and sale where permission was given for a second appeal to the Court of Appeal on the proper test to be applied when a party failed to attend trial (for the first appeal, see Roberts [2016] EWHC 187 (Ch); [2016] BPIR 996; for the Court of Appeal (on a procedural point only) see [2018] EWCA Civ 569). Phillip recently acted in connection with a proposed IVA with creditor claims of over £150 million. Property Phillip has wide experience of property and landlord and tenant disputes. He recently acted for the developer in an opposed business tenancy renewal relying on redevelopment grounds and has written on the same subject in the Estates Gazette. Other recent work includes an injunction to prevent interference with a right of way, where a quarry owner sought to rely on Coventry v Lawrence to force a homeowner to accept an alternative access route. Phillip deals with all aspects of possession claims, forfeiture, tenancy renewals, dilapidations, mortgages and fixed charge receivers. Phillip also advises on property damage and nuisance claims, boundary and easement issues, party walls, restrictive covenants, beneficial interest disputes, the Church of England’s faculty jurisdiction and professional negligence claims arising out of conveyancing. Phillip’s insolvency experience often crosses over into his property practice and he co-wrote the chapter on disclaimer in Butterworths Property Insolvency. Commercial Phillip deals with a broad variety of commercial disputes, including banking, guarantees, civil fraud, interim relief, and general contractual disputes. Recent instructions include a dispute over the profit share arising under a joint venture agreement and a breach of warranty claim arising out of a share sale agreement. Company Phillip regularly advises on director’s duties, dividends/distributions, unfair prejudice petitions, derivative actions and various shareholder disputes. In a recent case, what ought to have been an unfair prejudice petition was brought under the guise of a creditor’s winding up petition and the court had to consider the extent of its just and equitable jurisdiction: Hussein v Haus of Vanity Ltd [2017] EWHC 2615 (Ch).

Richard Cherry

Richard Cherry undertakes a wide range of chancery, commercial and property cases, with particular expertise in landlord and tenant issues. Richard advises and appears for both landlords and tenants in residential and commercial possession claims with wide experience of disrepair and dilapidations, unlawful eviction and public law defences across the full range of Private and Public Sector tenancies, ASTs, assured, secure, non-secure and Rent Act tenancies as well as claims against trespassers. He advises on traditional chancery cases including boundary disputes, easements and trusts of land, covenants – including applications to release or modify restrictive covenants – service and administration charge disputes, leasehold enfranchisement and competing claims for registration and appears in the First Tier Tribunal. He is acknowledged as a leading authority in cases concerning the Gas Safety Installation and Use Regulations 1998 and their application to Section 21 possession claims having been instructed in both cases to have gone beyond first instance and in the only such case to be heard in the Court of Appeal. Richard has a strong reputation for his expertise in mediation and negotiation where his mature, practical approach and ability to build rapport with both clients and opponents secures advantageous settlements. Having spent 18 months, before coming to the Bar, working with the housing team at North Kensington Law Centre, Richard is particularly well-known for his deep understanding and experience of housing matters, including possession and disrepair as well as allocations issues, homelessness applications and appeals. He is constantly recognised for sensitive handling of vulnerable clients. Richard also sits as a fee paid judge of the First Tier Tribunal (Health Education and Social Care Chamber) Property Richard appears extensively in Landlord and Tenant cases concerning both residential and commercial properties. His residential work for landlords and tenants encompasses both private and public sector tenancies. He has become known as an authority on possession claims involving gas safety having been instructed as sole counsel in the Court of Appeal in Trecarrell House v Rouncefield [2020] EWCA Civ 760 having previously appeared in Caridon Properties v Shooltz on the same issue. His other residential work includes possession claims under s8 and s21 Housing Act 1988, disrepair and unlawful eviction. Recent Cases Trecarrell House v Rouncefield [2020] EWCA Civ 760; [2020] 1 W.L.R. 4712 – sole counsel in both County Court and Court of Appeal for the tenant in this groundbreaking case on how the gas safety regulations should be applied in Section 21 possession claims. Caridon Properties v Shooltz – 2 February 2018: 2018 WL 05822845; [2018] 2 WLUK 712 instructed for the successful tenant establishing the principle that where a Landlord has failed to give a copy of the last Gas Safety Record before a tenant begins to occupy they cannot thereafter rely on a Section 21 Notice. Obtaining substantial damages for tenants under a purported holiday let in a multi-track claim for unlawful eviction against multiple defendants. A factually complex case involving potentially fraudulent documents of disputed provenance and multiple applications immediately pre- and at trial. Claim in unlawful eviction against a private landlord purporting to be a resident landlord of lodgers Representing a tenant of private accommodation evicted by violence in a multi-track claim for damages for unlawful eviction Representing tenants in a possession claim where Gas Safety Records were given but without containing the full statutory details. Extending the ratio of Trecarrell v Rouncefield. Acting for Personal Representatives obtaining possession under a tenancy purportedly created by the testator some years previously. Representing a local authority seeking eviction of trespassers from a public park Representing the landlord of commercial premises in claim for unlawful eviction and substantial loss of trade profits Representing a commercial tenant in a claim for unlawful eviction with counterclaim for dilapidations and unpaid service charges Other Chancery Richard is experienced in advising on Traditional Chancery and Trust cases, including declarations and orders under TOLATA and in beneficial ownership disputes between unmarried cohabitants or family members, boundary/neighbour disputes, easements and adverse possession Recent Cases include Representing a client in the Court of Appeal appealing imprisonment for contempt relating to long-running easement dispute over interpretation of the easement Family dispute over commercial development properties held on trust where the parties disputed the nature of the trust and the beneficial ownership of the property Advising land owners on the existence of an easement in a case relating to pieces of land both registered and unregistered Wills, Trusts and Probate Richard is instructed in a wide range of contentious probate issues including formal validity of wills, fraud, want of knowledge and approval and capacity. Recent Cases Seven day High Court trial between a professional executor and beneficiaries under a c.£3million estate successfully settled by negotiation at trial Proving validity of a copy will where one witness was now deceased with want of knowledge and approval argued by opposing family members Acting for a widow and children of a testator in a dispute over a number of residential properties. Successfully settled at mediation.

Sally Blackmore

Sally has expertise across all areas of real property and residential and commercial landlord and tenant. She also advises and represents clients on wills and trusts focused property-related matters, as well as dealing with professional negligence litigation arising out of property transactions. She is confident and assured in court and on paper and is noted for her thoroughness, and her down-to-earth approach as well as her knowledge of the law and ability in court. She believes that little produces better results for a client than a rigorous and detailed analysis of the issues at an early stage. Her work is typically litigation-focused, but also encompasses advice in respect of transactional matters. Property Sally appears in courts and tribunals on the whole range of real property and landlord and tenant matters. She has advised and represented commercial and/or residential clients on – amongst other things – dilapidation’s, service charges, enfranchisement and right to manage issues, ground rent matters, easements and covenants, notices and restrictions, stamp duty, boundary disputes, forfeiture and adverse possession claims. In addition to the above Sally has a keen interest in the construction of leases and licences along with matters involving proprietary estoppel. Wills, Trusts and Probate Sally regularly advises and represents clients in matters concerning express and implied trusts, undue influence and other matters engaging the courts equitable jurisdiction. Commercial Sally accepts instructions in respect of commercial contracts, tenancies and licences. Professional Negligence and Disciplinary Sally accepts instructions in respect of professional negligence matters arising out of property transactions and litigation.

Samuel Hodge

Samuel is a member of Chambers’ London branch. He has a strong commercial chancery practice, and regularly deals with cases which have insolvency and property aspects, and which involve fraud and high-value asset tracing. Samuel regularly appears (led and unled) in the High Court and the County Court, and has a busy paper practice. He accepts instructions in all of Chambers’ main practice areas. Samuel was called to the Bar in 2018, and achieved the highest mark out of the Lincoln’s Inn cohort. Before undertaking pupillage at Chambers, Sam obtained a Distinction and a prize on the BCL at the University of Oxford, and graduated top of his year in Law at Queen Mary University of London. Insolvency & Restructuring Samuel regularly represents office holders, creditors and debtors in all aspects of corporate and individual insolvency. His experience includes: Success in a 3-week Commercial Court trial on behalf of a company in liquidation. Proved claims of fraudulent breaches of fiduciary and statutory duties, and dishonest assistance; defeated limitation and laches defences; obtained judgment for c.£162,000,000 (Trial: HPII v Ruhan & Stevens [2022] EWHC 383 (Comm); Consequentials: HPII v Ruhan & Stevens [2022] EWHC 1695 (Comm)). Successfully represented a litigation funder (which had taken an assignment of a liquidator’s claims) on appeal proceedings in the High Court. The matter concerned a “running account” defence to preference claims. Obtaining s.236 orders against individuals, companies, and international financial institutions. Represented a company in liquidation in a 7-week Commercial Court trial in a case involving 48 parties, concerning competing proprietary claims to high value assets (The SFO & Ors v Litigation Capital Limited & Ors [2021] EWHC 1272 (Comm)). Making and resisting applications to set aside statutory demands. Successfully arguing that a debtor was contractually estopped from disputing a bankruptcy petition debt in light of the terms of settlement agreements he had previously entered into (Clipper Holding II SÀRL v McEwan [2020] EWHC 1756 (Ch)). Private examinations. Bankruptcy and winding up petitions, and rescission and annulment applications. Possession and sale applications. Administration extensions. Applications for injunctive relief. Cases involving breaches of directors’ duties, TUVs, s.423 transactions defrauding creditors, unlawful dividends, and preferences. Petitions seeking orders for the administration of the insolvent estate of deceased persons. Office-holder remuneration applications. Challenges to IVAs and CVAs. Advising on the Corporate Insolvency and Governance Act 2020. Representing a well-known football club, and the CVA supervisor of another well-known football club, in high-profile winding up proceedings. Samuel is particularly interested in claims involving misfeasance, accessorial liability, asset tracing, property and fraud in an insolvency context. Commercial Samuel acts and advises in relation to all aspects of commercial litigation. His experience includes: Appearing in the High Court on a security for costs application, where the adequacy of protection afforded by an ATE policy, and the financial standing of the insurer, was in issue; (HPII v Ruhan & Stevens [2020] EWHC 223 (Comm); [2020] Costs LR 205). Injunction applications, including freezing orders. 3-day strike out application involving the availability of “backwards tracing” and election (The SFO & Ors v HPII & Ors [2021] EWHC 1273 (Comm)). Appearing in the High Court on behalf of a wife against her former husband and his associates. The wife had an unpaid financial remedies order against the husband worth over £40M. Samuel obtained 3 receivership orders over numerous high-value properties and shareholdings in Spain and Ireland. Committal applications for breaches of the terms of freezing orders or other injunctions. Acting in a directors’ guarantee claim in the context of a lease purchase agreement, seeking money judgment and delivery up of valuable artwork. Obtaining final charging orders over shareholdings belonging to a misfeasant director who had been ordered to pay the claimant £1.3m. Advising on the interpretation and effect of contracts, remedies for breach, and on whether contracts contain unenforceable penalty clauses. Acting on contractual, tortious and equitable claims; cases concerning sale of goods, supply of services, and guarantees. Acting since mid-2019 as first junior in a complex claim involving allegations of fraud, self-dealing, secret nominees, bribery, dishonest assistance, which also had complex limitation issues. Succeeded at a 3-week trial and obtained judgment for in excess of £160m (Trial: HPII v Ruhan & Stevens [2022] EWHC 383 (Comm); Consequentials: HPII v Ruhan & Stevens [2022] EWHC 1695 (Comm)). Led by James Pickering QC. Claims involving deceit, misrepresentation, breach of contract, conversion, wrongful interference with goods, unlawful interference with trade, undue influence, duress and lack of capacity. Proceedings relating to the enforcement of judgments. Applications concerning legal privilege, and to restrain use of documents; including an application for declarations of lack of privilege based on the crime/fraud exception (HPII v SMA Investment Holdings Ltd & Ors [2019] EWHC 1754 (Comm)). Advising in relation to the termination of an insurance policy on the basis of anticipatory breach, and the scope of the policy. Acting as first junior in a 7-week Commercial Court trial involving complex issues of whether a transfer of assets worth in excess of £250m had been procured by fraud, bribery and blackmail; the bona fide purchaser defence; equitable liens; tracing and equitable priority; equitable assignments; the construction of settlement and investment agreements; whether Jersey law recognises constructive trusts over land (The SFO & Ors v Litigation Capital Limited & Ors [2021] EWHC 1272 (Comm)). Applying for third party and wasted costs orders. Advising on restrictive covenants and injunctions for anticipated breach. Property Samuel has a strong practice in property law, and in residential and commercial landlord & tenant law. His recent experience includes: Acting for lenders, borrowers and receivers in mortgage claims, including where there are allegations of undue influence and duress. Boundary disputes, and seeking injunctions for trespass and/or nuisance. Adverse possession. Easements, and seeking injunctions for interference. Claims concerning forfeiture, waiver, and relief from forfeiture. Rectification claims (of agreements, and of the land register). Claims involving restrictive covenants. Proprietary estoppel claims. TOLATA claims, and common intention constructive trusts. Acting for a purchaser on a summary judgment application seeking specific performance of a contract for the sale of land, which was being resisted by the vendor on the basis of undue influence, lack of capacity, duress, and misrepresentation. Successfully obtained an injunction in the High Court requiring a commercial landlord to hand back possession to a tenant following the landlord’s improper re-entry and ouster. Acting on a claim concerning construction of a trust deed, and whether a pre-emption clause had been properly triggered. Successfully defending a landlord in a harassment claim brought by a tenant and obtaining indemnity costs. Possession claims against trespassers, tenants and licensees. Successfully defending a claim for specific performance of a sale of a property on the basis that the contract for sale had been fabricated. Unlawful eviction claims. Disrepair claims, and claims for breach of quiet enjoyment covenant. Advising a tenant on the interpretation and scope of her rights under her lease, which enabled her to require the landlord to install a lift for those with mobility issues. Claims concerning secure tenancies. Committal proceedings against tenants for breaches of injunctions. Advising on the effect of the COVID-19 related stays and legislative provisions on property litigation, especially regarding commercial leases. Obtaining injunctions and seeking damages for harassment and physical battery. Samuel is an editor of the “Tenant’s Remedies” chapter of The Landlord & Tenant Factbook (Ch 8B). He has also written an article for the PLC Property Litigation Column: “Tenancy deposits in flat shares: Sturgiss & Gupta v Boddy & Ors [2021] 7 WLUK 298” (August 2021) Company Samuel is developing a strong practice in all areas of company law and general chancery, and has recently worked on high-profile cases involving allegations of breaches of directors’ duties, accessorial liability, and asset tracing. He will accept instructions in a broad range of company law matters, for example relating to shareholders disputes, shareholders’ agreements, service agreements and restrictive covenants, unfair prejudice petitions, derivative actions, claims against directors, questions concerning unlawful dividends, company restorations, and applications to extend time to register charges. Samuel will also accept instructions in matters concerning LLPs and partnerships. Samuel is particularly interested in company law cases with insolvency, property and fraud aspects. Wills, Trusts and Probate Samuel accepts instructions in relation all aspects of Wills, Trusts & Probate. Recent case experience in these areas includes: Advising on the validity of wills and trusts, and whether there are grounds to set aside, e.g. on the basis of undue influence. Successfully acting for an executor in a claim for possession of property making up part of the estate, against a residuary beneficiary who had gone into occupation but who had refused to leave when the executor required possession so as to sell the property for the purposes of administering the estate. Advising a will beneficiary on options available to her in circumstances when one of her co-beneficiaries had moved into a property which the will had specified should be held for the beneficiaries in equal shares. Advising on whether a chain of representation had been broken, and whether a grant de bonis non administratis would be required. Advising an executor in a claim brought against the estate based on proprietary estoppel. Advising on proceedings under Part 64 CPR for administration of an estate of a deceased person. Acting in relation to s.50 AJA 1985 applications for the removal of executors. Advising on the proper construction of a deed of trust and whether a pre-emption clause had been properly triggered. Professional Negligence and Disciplinary Samuel has recently advised in relation to a claim against a firm of solicitors for various failings in the conduct of litigation, and for failure to make a claim on behalf of a client on an ATE insurance policy within the appropriate time limit. He has also recently assisted in a claim against a firm of solicitors where the LLP had first to be restored by Court order so that a negligence claim could be pursued. The claim was that the firm had been negligent in failing to advise on the true effect and requirements of a family trust set up for the benefit of the settlor’s children, which also involved s.14A Limitation Act 1980 and quantum issues. Samuel also advised the claimants on various points arising in relation to the Third Party (Rights Against Insurers) Acts

Shaiba Ilyas

Shaiba has been in practice at Enterprise Chambers since 1999. His practice has a particular emphasis on property litigation and associated professional negligence, though he also practices in the areas listed above. He has a particular interest in the law of restitution, having undertaken a Masters in this developing area of law. Property All aspects of property litigation, including all aspects of landlord and tenant (both commercial and residential), dilapidations, business lease renewals and leasehold enfranchisement. Specific performance, restrictive covenants and more general real estate disputes including boundary disputes, right of way disputes and beneficial owner disputes. Commercial All aspects of commercial and contractual disputes Recent cases include: successfully representing a company who claimed to be entitled to a commission on the basis that they were an effective cause of a transaction advising and acting a global delivery company in a dispute as to whether certain terms were penalty clauses and/or unfair terms dealing with a dispute as to the quality of various SIM cards that were produced by a large Chinese manufacturer Recent cases include: acted for a claimant in relation to a disputed beneficial ownership dispute between family members over certain residential properties that were purchased by a family with differing financial contributions and various representations made over the course of a decade as to beneficial ownership advised and acted for a leading pharmaceutical company in relation to a disputed terminal dilapidations claim acted for a property developer obtaining orders for specific performance requiring purchasers to complete their purchases represented a claimant seeking to declaratory relief to ensure that overage was payable by a property developer who had simply let the final property on a short term tenancy in circumstances where the overage was only payable on the sale of that final property obtained declaratory and injunctive relief in relation to disputed boundary between residential properties in circumstances where the adjoining landowner was in the course of constructing an outhouse whose foundations straddled the disputed boundary successfully obtained declaratory relief that a landlord had unreasonably withheld consent to assign a lease of commercial premises in a well-known shopping centre advised on the nature and effect of various restrictive covenants and rights of way and how they may impact on the development of land obtained urgent interim injunctive relief to prevent ongoing works where no party wall act notice had been served Banking and Finance Have acted both for and against banks in mortgage and other security claims. Often act for receivers who had been appointed by lenders as to various issues arising from their appointment. Also have considerable experience of issues arising in relation to guarantees (and have either sought to enforce or to set aside in various contexts). Recent cases include: advised and acted for receivers seeking to recover monies due under various agreements and in relation to whether the receivers had been properly appointed. acted for a claimant seeking to recover monies paid under a mistake of fact asserting a proprietary claim to monies held in a company’s bank account (in circumstances where the company was insolvent). successfully set aside a guarantee and associated security on the basis of misrepresentations made. obtained possession orders for a mortgagee against a borrower’s partner who was alleging a beneficial interest (which was successfully resisted). Partnership and LLP All aspects of partnership disputes, typically involving misappropriation of partnership assets and/or disputes as to the terms of the partnership or indeed whether a partnership ever existed and also partnership dissolution accounts. Recent cases include: acted for a claimant in a contested partnership dispute related to ownership of properties, culminating in a partnership dissolution account being taken. acted for a solicitor in a partnership dispute where it was alleged that partnership assets had been wrongly diverted (and successfully obtained urgent interim injunctive relief pending the substantive hearing). acted for a defendant in a partnership dispute which held various properties involving issues as the terms of that partnership, culminating in a partnership dissolution account being taken. Professional Negligence and Disciplinary Deals with all aspects of property-related professional negligence. Recent cases include: advising and subsequently acting for a successful claimant who had purchased a property in reliance on advice from solicitors in respect of a right of way. representing a firm who had purchased a commercial property development who were in litigation with its environmental expert who had provided what was alleged to be a negligent report as to the condition of the land and what steps were required to remedy the same.

Simon Jones

Simon is a commercial chancery barrister with expertise in property, commercial, insolvency and financial services litigation. Simon has appeared as sole counsel before the Court of Appeal, High Court, Upper Tribunal (Tax and Chancery Chamber), and has been led on high-value commercial cases. Simon also appears before the Financial Conduct Authority’s Regulatory Decisions Committee. He is frequently instructed on high-value, complex litigation. Commercial Simon provides expert advice and representation in a wide range of business disputes, including contractual disputes, guarantee claims, shareholder disputes, misrepresentation, civil fraud, remedies for breach of contract, claims for specific performance, accounts of profits, and asset recovery. Simon is equally adept as sole counsel or as part of a larger counsel team and appears in hearings ranging from urgent interim applications to trials. Whether acting for multi-national companies, SMEs or individuals engaged in commercial disputes, Simon prides himself on ensuring his advice and representation reflects the commercial realities of a case and is focused on the business objectives of his clients. Recent and ongoing work includes: Representing (as sole counsel) the defendants in an ongoing dispute concerning the establishment and operation of a joint venture company for the development of land. Representing (as junior counsel) the Claimants in a claim concerning breach of contract, fraudulent misrepresentation, and breaches of FSMA 2000. Appearing (as junior counsel) for one of the respondents in a US$540m freezing injunction. Representing a global charitable foundation seeking a freezing injunction in connection with its commercial activities. Representing an energy supplier in resisting interim injunctive relief and in seeking security for costs. Property Simon accepts instructions in all areas of property. His practice includes commercial and residential landlord and tenant disputes and real property. Simon has particular interest and expertise in the renewal of business tenancies, forfeiture, breach of covenant, easements, land registration and priorities, party walls, and the transfer of real property. With a solid foundation in insolvency, Simon has a particular interest in property cases with an insolvency element such as where a landlord enters liquidation or administration. Simon is frequently consulted by landlords prior to the commencement of claims, where his advice can be deployed to obtain the best outcome Recent cases include: Appearing unled in the Court of Appeal in a case concerning the nature of notices seeking possession on the basis of arrears of rent. Representing a commercial tenant in a dispute concerning the maintenance of a city-centre office building. Representing a marina in a dispute concerning the scope and enforceability of covenants contained in a transfer of land. Representing the claimant at a three-day trial concerning damage to a terrace property caused by works in the adjoining property. Advising and representing an applicant seeking to overturn a fine issued for the operation of an unlicensed house in multiple occupation. Advising a company in respect of a 1998 transfer of land that mistakenly omitted part of the land intended to form a new freehold title. Advising a group of sub-lessees on the effect of the liquidation of the head lessor and the disclaimer of the head lease. Insolvency & Restructuring Insolvency is a large part of Simon’s practise. He acts for office holders, creditors, and debtors in all stages of personal and corporate insolvency. Simon acts for office holders seeking to realise assets for the benefit of insolvent estates or to challenge preferential transactions. Simon also acts for both creditors and debtor in applications to set aside statutory demands, applications to restrain advertisement of winding up petitions, and in challenges to voluntary arrangements. Simon is particularly interested in insolvency work where it intersects with his other core practice areas. He has a growing expertise in property related insolvency issues such as disclaimer of leases following liquidation Recent cases include: Representing a group of applicants seeking to challenge a multimillion-pound CVA. Representing the FCA in seeking a just and equitable winding up of a company pursuant to s.367 FSMA 2000. Advising the Council of Licensed Conveyancers in respect of the assets of an insolvent, formerly regulated, firm. Advising a trustee in bankruptcy seeking to realise assets pursuant to an order for bankruptcy made in 1995. Advising the director of an insolvent company facing a claim against him personally alleging wrongful reuse of a company name. Advising a defendant company in respect of a claim by a trustee in bankruptcy who was contending certain payments made prior to the bankruptcy amounted to preferences. Banking and Finance Simon undertakes a wide range of banking work in respect of guarantees, mortgages, and facility agreements. Simon acts for lenders and financers as well as corporate and individual borrowers. Through a secondment to the Financial Conduct Authority in 2016 Simon has also gained a detailed understanding of financial services regulation. In private practice, Simon regularly accepts instructions from the FCA, private individuals, and companies on all matters concerning financial services and financial services regulation. Recent cases include: Representing an asset finance company in a claim against the principal debtor and various guarantors. The defences raised matters of undue influence, misrepresentation and non est factum. Advising a borrower on whether a £25m loan was unenforceable for breaching FSMA 2000. Advising on the enforceability of a mortgage for business purposes secured against residential property. Representing the FCA in an ongoing High Court claim concerning the unauthorised establishment and operation of an investment scheme resulting in significant consumer losses. Representing the FCA on a two-day reference to the Upper Tribunal following the refusal to authorise a company to carry out regulated activities. Advising a start-up company as to whether its business amounted to a collective investment scheme such that it required FCA authorisation. Representing the FCA before the Regulatory Decisions Committee

Simon Johnson

Simon is an experienced commercial chancery barrister specialising in large-scale, technically demanding litigation. He has particular knowledge of and expertise in group actions arising from failed property investment schemes and the interlocking specialisms involved: civil fraud, freezing orders, banking, professional negligence and private international law. Simon also acts in a wide range of business disputes, including contractual claims of all kinds, claims for breach of warranty and fiduciary duty, together with company, insolvency and restructuring matters. Simon’s current caseload: Representing defendants to a £50 million fraud and conspiracy claim brought by 430 claimants. Among many other things, Simon conducted a 3 day application to discharge a worldwide freezing order. A 10 week trial will take place in the spring of 2024. Representing the claimants in a group action against negligent solicitors and their insurers. Simon overturned an arbitration award obtained by the insurers by which they purported to avoid liability and outflank the claim. Representing the claimants in a group action against negligent solicitors, who applied to strike out the case as an abuse of process. Simon was brought in to lead the case and resist that application, which turns on Abbott v. MoD [2023] EWHC 1475, on which Simon has published an article here. Representing the claimants in a multi-million pound claim for breach of contract and fiduciary duty, to be tried in December 2023. Simon recently defeated an application for security for costs of approximately £500,000, on the basis of stifling. The directories describe Simon as “an outstanding barrister who is a KC and High Court judge in the making” and “a fearless and compelling advocate”, who is “always up for a very challenging case”. He is a seasoned trial and appellate advocate and has acted in the Court of Appeal (led and unled) and Supreme Court. Commercial Simon advises clients on a wide range of business disputes including the interpretation, performance and termination of contracts, remedies for breach of contract including specific performance and account of profits, restitution, breach of confidence and claims against IFAs and financial institutions. He has particular expertise in cross-border cases involving foreign jurisdictions and issues of foreign law. He has extensive experience of obtaining, policing and challenging freezing orders. For 12 years Simon has represented large groups of UK citizens suing IFAs, property developers, banks and lawyers in connection with the purchase of investment properties. He also represents defendants in such cases, most recently in 4VVV v Spence. Recent cases include: 4VVV Ltd & Ors v. Spence & Ors [2023] EWHC 1 (Comm): Representing the third defendant in a £50 million fraudulent misrepresentation and conspiracy claim brought by 430 individuals concerning buy to let holiday properties and student accommodation. Millbrook Healthcare Bidco Ltd v. Croll [2023] EWHC 290 (Comm): Represented the defendants in a multi-million pound claim for breach of warranty arising from the sale of shares in a healthcare business. The judgment praises the “skill and dedication” with which Simon advanced his clients’ case. A v. B: Representing 90 claimants in a £9 million damages claim against negligent solicitors. Having obtained judgment against the solicitors, Simon overturned an adverse arbitration award and will embark on a fresh arbitration against the solicitors’ PI insurers. Cormack & Ors v. AIG (UK) Ltd: Representing 40 claimants in a £12 million damages claim against PI insurers listed for a 9 day trial in November 2023. The principal issue is aggregation. Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193, [2018] PNLR 2: Defeated an appeal on the proper measure of compensation and damages for solicitors’ negligence and breach of trust. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court. Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors [2021] EWHC 1327 (Comm), [2021] 3 All ER 804; [2021] EWHC 1591 (Comm), [2021] Costs LR 659: Represented the successful claimants in a 7 week Commercial Court trial regarding misrepresentations in the sale of holiday properties in Cyprus with unaffordable loan packages (led by Stephen Nathan KC). Simon represented the claimants over 10 years. Argos Ltd. & Homebase Ltd. v. Interserve (Facilities Management) Ltd: Represented the claimants in a dispute concerning alleged overcharging under two service agreements. Represented the claimant company in a Commercial Court claim for damages and injunctive relief arising from the breach of a Tomlin order. Company Simon is a leading junior in company disputes praised as “very bright, grasps issues quickly and pleads them well but succinctly”. He advises company boards, individual directors and shareholders on their rights and obligations arising from companies’ constitutional documents, the Companies Act 2006 and the common law. He regularly advises on acrimonious company and board meetings, the exercise of pre-emption rights in relation to the sale of shares, and allegations of unfair prejudice and the breach of fiduciary and other duties. Simon has advised and represented vendors and purchasers on breach of warranty and other claims arising from business acquisitions. He has pursued and defended directors and senior employees in multi-million pound claims for breach of duty and breach of confidence. Simon has prepared constitutional documents for companies and trusts and chaired company meetings. Recent cases include: Millbrook Healthcare Bidco Ltd v. Croll [2023] EWHC 290 (Comm): Represented the defendants in a multi-million pound claim for breach of warranty arising from the sale of shares in a healthcare business. The judgment praises the “skill and dedication” with which Simon advanced his clients’ case. Przyborowski v. Brotherton: Representing the claimants in a multi-million claim for breach of contract and fiduciary and good faith obligations arising from a joint venture in respect of tenanted properties in Germany (5 day trial in December 2023). Advising a joint venture partner on the dissolution and winding up of a partnership operating extensive commercial properties together with allegations of fraudulent withdrawals of partnership funds. Re Arthur Court: Represented freehold and management companies of a block of flats in London in a bitter dispute with leaseholders who purported to withdraw the directors’ authority and claimed orders requiring Simon’s clients to convene company meetings to dismiss the directors in circumstances which indicated that the claim was vexatious. Advising shareholders in a pay day loan company on their standing to object to a novel scheme of arrangement. Advising a transferee of shares on its entitlement to rectification of the company register to record its title to shares and whether the transfer was a transaction at an undervalue. Advising an LLP on reporting obligations and causes of action against a senior member of the LLP for breaches of the LLP agreement and misfeasance. Advising a financial institution on its entitlement to convert amounts outstanding under loan notes into shares. Advising shareholders and directors on the proposed sale of an internet business and the impact of restrictive covenants and good faith obligations in a shareholders’ agreement. Insolvency & Restructuring Simon is a leading junior in insolvency disputes, praised as “very approachable and very knowledgeable on insolvency litigation matters”. He is “an excellent insolvency junior, with an encyclopaedic grasp of the law and a calm and assured advocacy style”. Simon advises and represents officeholders, debtors and creditors in all manner of corporate and personal insolvency cases. He has particular expertise in clawback claims against directors and regularly defends officeholders in challenges to their appointments and claims for misfeasance. Simon has conducted or defended numerous applications under the Cross-Border Insolvency Regulations. He has many years’ experience of cross-border insolvencies of extreme complexity and high value, starting with T&N/ Federal-Mogul, where he was junior counsel to the administrators, and extending to cases in the US and Gibraltar. Simon edits the restructuring chapter of Gore-Browne on Companies and has advised debtors and creditors on proposed schemes of arrangement and CVAs. Recent cases include: Advising shareholders in a pay day loan company on their standing to object to a novel scheme of arrangement. Kerkar v. Investment Opportunities IV Pte Ltd [2021] EWHC 3255 (Ch), [2022] BPIR 408: Represented the debtor in an application to set aside a statutory demand for £52 million on the basis of the creditor’s alleged bad faith. Ahmed v. Habib Bank Zurich Plc: Represented the creditor bank in an application to set aside a statutory demand for £1 million served by Simon’s client on a company director. The case raised numerous questions including the propriety of placing the company in administration, due process, alleged bad faith and undue influence. Advising a joint venture partner on the dissolution and winding up of a partnership operating extensive commercial properties together with allegations of fraudulent withdrawals of partnership funds. Re Granton Retail Park Ltd: Represented administrators in a multi-million pound misfeasance claim brought by a former director and shareholder in connection with the sale of a high profile mixed-use development in Edinburgh. Advising administrators on challenges to their appointment arising from an alleged conflict of interest and an alleged improper purpose to a paragraph 14 appointment. Advising an industrial company on insolvency issues arising from potential liabilities for personal injury caused by exposure to asbestos. Advising an Australian trustee in bankruptcy on the enforcement of orders of the Australian court against an English domiciliary. Banking and Finance Simon undertakes a wide range of banking work, including recovery proceedings under facility agreements, guarantees, mortgages and other securities. He has extensive experience of disputes concerning LPA receivers appointed by banks, including claims for injunctive relief. Simon advises on compliance matters and Sharia-compliant products. Simon is familiar with FSMA 2000 and has appeared for the proponents of Part 7 banking business transfer schemes. Simon has pursued appointed representatives of regulated financial advisory businesses in litigation concerning overseas property and via the Financial Services Compensation Scheme and the Financial Ombudsman Service. Recent cases include: Representing banks in recovery proceedings against company directors pursuant to personal guarantees including resisting applications for injunctions to restrain the sale of charged property by LPA receivers. Representing guarantors and borrowers opposing such recovery proceedings. Acting for claimants against appointed representatives in the context of cashing in regulated investments to purchase off-plan property sold by the “Harlequin” companies in the Caribbean. Advising a company on the enforceability of rights under loan notes issued by the company and held by a commercial lender. Professional Negligence and Disciplinary Many of Simon’s cases concern allegations of breach of duty against professionals including solicitors, accountants, surveyors, IFAs, banks and insolvency officeholders. Simon represented the successful claimants in the Court of Appeal in the Giambrone litigation. The case raised important questions about the measure of compensation for solicitors’ breach of trust and negligence (SAAMCO). Simon has advised and represented numerous individuals in claims against IFAs and foreign lawyers in similar contexts. He has appeared for accountants in the disciplinary tribunal of the ICAEW. Recent cases include: Various claimants v. Giambrone Law & Ors [2017] EWCA Civ 1193, [2018] PNLR 2: Defeated an appeal on the proper measure of compensation and damages for solicitors’ negligence and breach of trust. Led by Zia Bhaloo KC. Successfully resisted the defendants’ application for permission to appeal to the Supreme Court. A v. B: Representing 90 claimants in a £9 million damages claim against negligent solicitors. Having obtained judgment against the solicitors, Simon overturned an adverse arbitration award and will embark on a fresh arbitration against the solicitors’ PI insurers. Advising a high net worth individual on claims by former professional advisers and potential counterclaims for professional negligence Property Simon represented the claimant in a landmark claim for specific performance of a “heads of terms” contract to grant a lease over a strategic freight site in central London, worth tens of millions of pounds. This case, which settled on the eve of trial, raised questions concerning enforceability, uncertainty, section 2 LPMPA 1995 and estoppel by convention. Simon has extensive experience of proprietary tracing claims and claims under TLATA 1996 concerning beneficial interests in property arising from all manner of trusts in both commercial and family contexts. Property assets are central to many of Simon’s cases, particularly his commercial group actions. Recent cases include: L. Lynch (Plant Hire & Haulage) Ltd v. Devon & Cornwall Railways Ltd: Represented the claimant in a multi-million pound claim for specific performance of a “heads of terms” contract for the grant of a lease of a strategic freight site in central London. Led by Zia Bhaloo KC. Bokhari v. Shah: Representing the claimants in a claim against an agent for breach of fiduciary duty arising from property investments in central London. Simon obtained a proprietary injunction and worldwide freezing injunction against the defendant, with challenges to those orders dismissed. Barclay-Watt & Ors v. Alpha Panareti Public Limited & Ors [2021] EWHC 1327 (Comm), [2021] 3 All ER 804; [2021] EWHC 1591 (Comm), [2021] Costs LR 659: Represented the successful claimants in a 7 week Commercial Court trial regarding misrepresentations in the sale of holiday properties in Cyprus with unaffordable loan packages (led by Stephen Nathan KC). Simon represented the claimants over 10 years. Advising the owner of a multi-million pound buy to let portfolio on the powers of LPA receivers.

Stephanie Jarron

Stephanie is an incisive advocate, good with clients and judges alike. She is known for getting straight to the heart of a dispute and valued for her good judgment. Stephanie’s main areas of practice are property, wills, trusts and probate, partnerships and mediation. Property Her real property work encompasses everything from beneficial interest claims, to mortgages and contracts for sale, commercial leases, restrictive covenants, easements and proprietary estoppel claims. She has particular expertise in farming proprietary estoppel cases: Thompson v Thompson [2018] EWHC 1338 and Wills v Sowray [2020] EWHC 939 (Ch) Wills, Trusts and Probate She has extensive experience of contentious probate work including Inheritance Act claims, challenges to the validity of wills and applications to remove executors. Allied to this, Stephanie has developed expertise in Court of Protection work, including disputes between property and affairs attorneys and setting aside transactions for undue influence. Partnership and LLP Stephanie has extensive experience of partnership disputes: from accountants to general practitioners, dentists, vets and even suppliers of car parts. She is well-regarded for her financial analysis and grasp of technical detail, which is often crucial for success in this area. Professional Negligence and Disciplinary Stephanie’s professional negligence practice largely arises from her main practice areas, in particular solicitor’s and surveyor’s negligence. Mediation and ADR Stephanie combines practice at the Bar with her work as a mediator. She is valued for her empathy with the parties, whether business people or bereaved family members and is often able to achieve a settlement which at the outset would appear impossible.

Stephen Davies KC

Stephen Davies KC is widely recognised as one of the most experienced litigators of issues relating to the law and practice of insolvency, also ranging into banking and finance and the disqualification of directors. A standout silk who has published widely on insolvency law and practice. In addition to corporate and personal insolvency, he has a particular expertise in asset recovery and directors’ liability. He has extensive experience assisting trustees in bankruptcy and private individuals with complex, high-value claims surrounding personal insolvency. A highly regarded KC whose banking practice is informed by his specialism in restructuring and insolvency. He has additional expertise in relation to allegations of the manipulation of financial benchmarks, and has appeared in high-profile cases concerning fraudulent Libor manipulation. A perfect choice for banking and insolvency disputes. Sources commend his lengthy experience practising litigation and reveal his impressive reputation in the market. His expertise includes misrepresentation, breach of duty and Libor manipulation. Insolvency & Restructuring Stephen advises and acts for various stakeholders in litigation relating to all forms of the law and practice of insolvency, in respect of which he has appeared in over 100 reported cases. He has advised in relation to many high-profile insolvencies, including Lehmans, Madoff, AIB, Rangers FC, Carillion, Shlosberg, Maud, Asil Nadir and Wind Hellas. In 2019 he has been instructed in cases relating to the artificial distressing of corporate customers by their bankers, Berkeley Applegate orders, negligence of insolvency professionals, sports insolvencies, the removal of insolvency office-holders and pursuing or defending a range of clawback claims. Banking and Finance During 2013 and 2014 Stephen was lead counsel acting for Graiseley Properties Limited in its test case in the Commercial Court (Mr Justice Flaux) against Barclays Bank plc alleging that the bank’s admitted manipulation of LIBOR submissions and also its knowledge of dishonest LIBOR submissions were grounds for rescinding swap transactions which used LIBOR as their reference rate. The case involved disclosure of c200,000 documents relating to Barclays’ LIBOR submissions during the period of its admitted manipulations. After a series of contested case management conferences and a pre-trial review, the litigation settled shortly before trial in late April 2014. Thereafter he has been instructed in numerous similar cases, in all of which a settlement has been achieved, including Criterion, Wall, Holgate, Rhino and Wingate. He is currently representing Ventra Properties Limited (In liquidation) against Bank of Scotland Plc, the trial of which is scheduled to start in January 2020. Company Directors Disqualification Stephen has appeared in the majority of reported cases concerning “fairness” in directors’ disqualification litigation and is one of the most experienced barristers in the UK appearing in directors’ disqualification trials. He has been instructed in a significant number of high-profile disqualification applications that have led to early termination by withdrawal or settlement.

Zachary Bredemear

Zachary has a busy chancery commercial practice, which includes a broad range of chambers core areas namely insolvency, property to include easements, restrictive covenants, land registration issues, professional negligence in property related matters, contract, shareholder & partnership disputes and litigation in other jurisdictions concerning property in the United Kingdom. He is ranked in the legal directories “Very experienced in all aspects of property litigation with an expansive knowledge of case law in this area” & “He represents excellent value for clients, is very commercial and very good at cutting through to the heart of the issue. He makes you feel that you are his most important client” Commended by clients as “ a very down to earth easy to work with, property practitioner” “His calm, considered approach you are guaranteed to get a view that is measured well thought out which clients understand”. Property Zachary’s real property work includes issues relating to land registration, conveyancing, options and rights of pre-emption, easements, restrictive covenants and adverse possession. Zachary regularly acts in cases relating to express and implied trusts of land, proprietary estoppel and equitable accounting. A lot of his works is connected with security over land be it by way of a mortgage, equitable charge, lien or charging orders. Zachary is known for his expertise and experience in the fields of commercial landlord and tenant law and has considerable experience of claims relating to the forfeiture of business premises, the renewal of business tenancies under the Landlord and Tenant Act 1954 and dilapidations. His residential landlord and tenant work includes claims relating to enfranchisement, breaches of covenant His property work includes issues arising out of insolvency such as disclaimer, the appointment of receivers or administrators or the effect of an IVA or CVA on a landlord. He regularly advises or acts for developers in relation the terms on which they have acquired land (such as overage disputes) or rights they require to complete their development. He regularly advises local authorities on a variety of property related issues including those relating to the disposal of land or the management of gypsy and traveller sites. Professional Negligence and Disciplinary Zachary has an extensive professional negligence practice, mostly dealing with claims against surveyors (valuation, surveying and management), architects (design and contract supervision), solicitors (conveyancing and litigation) and financial services providers. His professional negligence work often includes allegations of fraud, breach of fiduciary duty and breach of warranty of authority and issues relating to subrogation. Commercial Much of Zachary’s work involves the construction and application of contracts. He regularly advises and acts in commercial disputes of all kinds including those concerning business sale agreements, joint venture agreements, agency, supply agreements, insurance, choice of law and jurisdictional issues, and banking facilities. He also advises and acts in shareholder and partnership disputes and freezing injunctions. Insolvency & Restructuring In addition to his experience dealing with insolvency issues in a property context Zachary also has experience dealing with clawback claims including transactions at an undervalue, preferences, transactions defrauding creditors and void dispositions under s.127/284 IA 1986, misfeasance proceedings and breach of director’s duties, and personal and proprietary remedies against directors and third parties. Banking and Finance Zachary has experience of the following aspect of banking and finance work: mortgages, charges and debentures, subrogation, receivership and administration, guarantees and indemnities, hire-purchase agreements, banking services, Consumer Credit Act regulation and allegation s of unfair relationships, breaches of financial regulations and product mis-selling.

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