Commercial, Chancery & Property

Overview

The Commercial, Chancery & Property team consists of over 30 members of varying seniority and experience, led by sought-after and highly skilled practitioners.

Member are regularly instructed in important and high-profile cases such as Wells v Devani [2019] UKSC 9 and Stoffel & Co. v Grondona [2020] UKSC 42.

Contentious probate and trust litigation are particular specialisms of a number of members of the team, who deal with cases involving contested and competing wills, Inheritance Act claims, applications for the removal of executors and trustees, co-ownership, Trusts of Land and Appointment of Trustees Act (‘TLATA’) 1996 and disputes and claims relating to constructive trusts and estoppel.

The team covers all areas of property law with specialists in commercial and residential landlord & tenant law (including social housing), mortgages, restrictive covenants, adverse possession, easements and Land Registration issues.

All members of the group undertake work in relation commercial disputes. Members have particular expertise in claims relating to the sale of land, agents’ commissions, construction and engineering projects, insurance coverage and franchise agreements. The team’s work in property, chancery and commercial matters often overlaps into the area of professional negligence.

Furthermore, a full range of insolvency matters, covering both personal bankruptcy and corporate insolvency are dealt with. This includes preliminary matters such as applications to restrain proceedings through to contested petitions. Our members are often involved in difficult recovery actions both for and against insolvency office holders.

Commercial, Chancery & Property Expertise

• Construction

Notable Cases

• Clyne v Conlon [2021] EWHC 2444 (Ch)
  Administration of Estates and the granting of Beddoe’s protection.
• Kitover v Galmarley Ltd (t/a BullionVault.com) [2021] EWHC 609 (Ch.D)
  Stakeholder application and allegations of illegality.
• N3 Living Limited v Burgess [2020] EWHC 1711 (Ch.D)
  The appropriate method of dealing with a Form A restriction by the appointment of the second trustee.
• Stoffel & Co. v Grondona [2020] UKSC 42 (Supreme Court)
• Truewood Ltd, Re (Duckworth v Parekh) [2020] EWHC 2360 (Ch.D)
  Setting aside a debarring order in misfeasance proceedings under .s212 Insolvency Act 1986.
• Dhillon v Dhillon [2019] EWHC 2442 (Ch.D)
  Beddoe application.
• Devani v Wells [2019] UKSC 9 (Supreme Court)