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Lara Hicks

Lara Hicks

Work Department

About Introduction Shipping Property Contract Arbitration & Mediation Insurance Publications Seminars Qualifications Memberships Testimonials Awards & Prizes Direct Access Transparency Information GDPR Notice AREAS OF EXPERTISE Civil Commercial Commercial Chancery Commercial Landlord and Tenant Contract Housing Insurance Landlord & Tenant Mediation Personal Insolvency Property Property Co-Ownership Shipping

Position

Introduction

Lara is a sought after civil practitioner with a wealth of experience in dealing with shipping and property related disputes, in particular. For over a decade prior to being called to the Bar in 2015, Lara was in practice as a solicitor.

Lara has a rich and varied legal background. In 2003 she qualified in South Africa as an attorney, conveyancer and notary public. She emigrated to England and in 2004 qualified as an English solicitor. She also qualified as a notary public of England & Wales in 2008. Lara commenced practice in England working with a large regional firm, specialising in property law.  She then extended her practice into the niche area of shipping, working in the City for almost a decade.

Lara obtained higher rights of audience in April 2015 and was called to the Bar six months later.

As a property specialist with broad experience and expertise largely in Landlord & Tenant and Real Property, Lara offers expedient advice and robust advocacy before the courts and tribunals.

Within her maritime and commodities practice, Lara adopts a commercial approach when dealing with disputes, with her clients’ best interests always at the forefront of her mind.

She accepts instructions from solicitors but is also fully accredited by the Bar Standards Board to accept instructions direct from individuals and businesses including shipowners, charterers, insurers and traders.

Direct Access

Lara is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Lara on a Direct access basis, please contact her clerks on +44 (0) 20 7242 6476 or at [email protected].

Career

Year of call 2015Shipping

Lara has experience dealing with all aspects of shipping and maritime disputes before arbitration tribunals and the courts. She has also been actively involved in mediating disputes. She has particular expertise dealing with charterparty and commodity disputes.

Lara receives instructions from solicitors, owners, charterers, commodity traders and P&I Clubs. She has delivered seminars on current developments in maritime law to P&I Clubs and has written numerous articles for their publications.

Some of Lara's experience includes the following:

Briefed to advise Owners in a multi-million dollar dispute arising out of a Tugs and Barges International Transport Contract. Briefed in several contractual disputes on behalf of a commodity trader for the recovery of damages before FOSFA Arbitration Tribunals and in High Court litigation. Briefed by instructing solicitors to advice on and draft charterers' defence and counterclaim submissions in an LMAA arbitration, brought by owners for outstanding hire. Charterers relying on the off-hire clause and claiming damages for breach of the employment clause of the amended NYPE form charterparty. Representing charterers in a claim against owners for conversion of cargo/bunkers onboard a vessel. Briefed to provide an advice on the prospects of arresting a vessel in the UAE. Briefed by a P & I Club to commence arbitration proceedings against charterers in a complex demurrage claim. Assisting in a commercial matter concerning title to a power generating barge located in Ecuador. The barge was sold for US$ 35 million, which comprised the quantum of the claim. The matter settled two days in to the High Court trial.

Property

Lara’s property experience is broad: she has extensive experience dealing with Landlord and Tenant and Real Property, the former including possession actions, disrepair claims, service charges, business rates, housing, dilapidations, injunctions and business tenancies. Lara has efficiently and effectively dealt with disputes relating to trusts of land, co-ownership, adverse possession, Party Walls, boundary disputes, nuisance, licences and easements.

She has experience in the High Court, before appeal courts and in county courts, as well as before Tribunals.

Some of Lara's recent successes include:

A favourable award by the First-tier Tribunal (Property Chamber), finding that the landlord's reapportionment of my client's liability for service charges under their lease was inequitable and that various administration charges imposed on them were unreasonable. Appealing a Party Wall surveyor's award and recovering 100% fees for the property developer client. Briefed in an urgent application to suspend a warrant to be executed later the same day. Suspending a warrant granted to a local Borough Council. Permission to appeal applied for by the Council, contested and refused. Securing possession for executors on the basis of trespass; recovered full costs. Briefed by a defendant property developer in respect of a claim for a party wall surveyor's fees. Secured a dismissal with costs. Dismissing a claim for property management fees. Obtaining enforcement of a consent order for the sale of the defendant's property.

Contract

Lara deals with a wide range of contractual disputes. Her practice focuses on real property, including building and construction, property management, tenancy issues, party wall and boundary disputes.

In addition, she deals with maritime and commodity litigation and disputes subject to FOSFA Rules and under the LMAA Terms, to name a couple. Disputes under charterparties and Bills of Lading, ship arrests, MOA disputes and Admiralty cases.

Lara's experience includes:

Briefed on behalf of a worldwide shipowner and operator to advise in a muti-million dollar claim. Briefed on behalf of a large, international, commodity trader in several contractual disputes, seeking to recover and defend substantial damages claims. Lara has obtained favourable substantive and preliminary jurisidictional awards from FOSFA tribunals in these matters and achieved successes in High Court proceedings.  Briefed on an urgent basis to draft response and rejoinder submissions in a construction dispute. The matter was referred to adjudication by the contractor/builder who was seeking payment of circa. £600,000 worth of monies due from the employer/hotel owner, pursuant to an interim payment certificate. The dispute was ultimately, amicably settled on favourable terms. Obtaining leave to appeal against the judgment of a Deputy District Judge concerning my client's liability in respect of a Santander loan agreement. Claiming monies paid under a rental hire agreement and securing a strike-out of the defendant company's counterclaim for vehicle damage. Costs awarded. Attending to various building contract disputes which resolved favourably.

Arbitration & Mediation

Lara has handled numerous arbitrations conducted under a wide variety of arbitration rules (including LMAA, GAFTA and FOSFA).

She has also been involved in mediations.

Insurance

Lara deals with commercial and private insurance disputes arising in all areas. Coming from a family background in insurance, she specialised in insurance law at University obtaining a first-class pass.

She has represented marine insurers and P & I Clubs whilst in practice as a shipping solicitor and continues to act for insurers and P & I Clubs as a barrister.

Publications

Article published on the apportionment of damages in shipping collision cases in the Annual Report of a large insurer.

Seminars

Lara has presented seminars to a number of P & I Clubs on various shipping related topics, including the correct measure of damages in time charterparty disputes, mitigation of damages and time bars.

Testimonials Some of Lara's testimonials include the following:   "Thank you for your efforts today. I will certainly be passing work to you again. Great work." Instructing solicitors following a successful trial in which we recovered substantial rent arrears, interest and costs for the landlord client.  "Thank you Lara! You have been brilliant throughout, as always". Instructing solicitors, following assistance with submissions in a lucrative, international, commodity dispute. "Lara, I just wanted to say that your drafting has made my night. The Rejoinder is truly excellent on every point." Instructing solicitors, regarding submissions drafted in a construction dispute. "Dear Lara, That's excellent news, well done! My client has one more tenant, so I will be in touch shortly." Instructing solicitors after securing possession orders against two tenants, for a residential landlord client. "Thank you for a great result." Instructing solicitors after a successful application striking-out the Claimant's claim and obtaining costs. "Dear Lara, we are very grateful that this was successful." Instructing solicitors after securing a stay of a warrant of possession to be executed the following day. "Thank you for your assistance in this matter this was a great result and the Claimant is very happy. I look forward to working with you in the future." Instructing solicitors after recovering substantial damages for their client. "Thank you so much for your assistance with this matter. This was a great result and I look forward to working with you in the future." Instructing solicitors following a successful claim. "Thank you very much, please forward your fee note to us asap for payment." Instructing solicitors after securing an outright possession order, together with rent arrears and costs, for their landlord client. "Thank you for all your effort, input and very kind attention in this matter." Solicitor client after securing the settlement of a loan agreement. "Dear Lara, Thank you for all your help. I am really very grateful." Landlord, lay client after securing possession and recovering substantial rent arrears, interest and legal costs. "Dear Lara, Absolutely amazing. You will be hearing from me next time I have another case that needs representing." Direct access client (a large commercial landlord), after successfully defending a tenant's claim to set aside a possession order and postpone execution of a warrant of possession. Costs were also awarded to the client. "Many thanks. You were wonderful today. Well done....way beyond my expectations...!!!" Direct access client after setting aside a possession order granted in favour of a Housing Association and staying execution of a warrant the following day. "Thanks Lara. That's good news - well done." - Instructing solicitors following a successful appeal hearing. "May I take this opportunity to convey my big thank you to you and your clerk for the conscientiousness in dealing and managing this matter for me." - direct access client after successfully defending a claim for business rates brought by a large County Council. "Thank you so much for all your hard work", Party Wall dispute - successful appeal for a London, property developer client. “Dear Lara, thank you for your email and once again for securing this brilliant outcome for our client. The family were thrilled and are very grateful to you.” – Instructing solicitor, Property litigation. “Thank you Lara for your hard work and successful outcome. I am sure the clients were pleased with the outcome.” – Instructing solicitor, Housing case. "Dear Lara, thank you very much for your efficient handling of this assignment."  - Long-standing, commercial client. "I would like to thank you for your quick response and the level of service provided." - Regular client.

Memberships

Chancery Bar AssociationProperty Bar AssociationLondon Maritime Arbitrators Association - LMAALondon Maritime Arbitrators Association (supporting member)Admiralty Bar GroupLondon Shipping Law Centre

Education

Bachelor of Commerce, University of Cape Town.Bachelor of Laws, University of Cape Town [Dean's Merit List].Postgraduate Diploma in Notarial Practice, University of Cambridge.

Awards & Prizes Merit list of the Dean of the Law Faculty of the University of Cape Town. Highest marks at The School of Legal Practice (established by the Law Society of South Africa to provide postgraduate, vocational courses for law graduates) in: (1) commercial contracts, (2) constitutional law and procedure, (3) matrimonial matters and (4) business management.