Barnaby
Hope

Barnaby often deals with cases involving mortgages, other loans, guarantees and indemnities, the Consumer Credit Act 1974 and Financial Conduct Authority issues.

Examples of cases include:

• Co-Op v Francis (exercise of discretion under s36 Administration of Justice Act 1970 in relation to mortgage arrears)
• Amicus v Dixon (instructed in relation to claims made upon circa £4m development finance. Questions of economic duress, validity of security and breaches of contract by funder)
• Pro-Lab v Davies (multi-day trial of £250,000 claim in relation to enforceability of consent orders and personal loans in light of consumer credit legislation)
• Aura Finance v Benjamin (ongoing claim for possession of multi-million pound house concerning unfair relationship in the context of bridging loan)
• McBride v Feniuk (claim by lender for recovery of property given as security for over £500k business loan. Consumer Credit issues)
• Instructed by lender for recovery of £500k personal loan. Limitation issues: alleged acknowledgment/part-payment of debt.

Barnaby is regularly instructed in matters involving civil fraud, whether that be arising out of business disputes, in relation to insolvency proceedings or in the family context, with forged/sham documents or other dishonest dealings. He has experience of dealing with cases with cross-jurisdictional elements. He has successfully obtained and resisted freezing injunctions.

Examples of cases include:

• Olympic Print v Gillison (injunctive relief in respect of alleged conspiracy, theft of confidential information, other economic torts and misrepresentation by former consultants)
• Khan v Cranbrook Solicitors (£250k claim by former client against solicitors for misappropriation of funds in connection with conveyancing transactions)
• Iqbal v Sovereign Solicitors (claim for breach of trust against former solicitors in connection with payments arising out of PI accident to accident management company)
• Gupta v Joshi (freezing injunction in relation to alleged risk of dissipation of property assets following claim made upon personal guarantee)
• Instructed by former director of immigration consultancy company to advise in relation to Chinese jurisdiction issues and alleged fraudulent removal of assets.
• Instructed by leading mobile phone app provider in over £500k claim to advise in relation to alleged fraud of client’s directors arising out of insolvency.

A significant portion of Barnaby’s practice is commercial work. This includes drafting of and interpretation of contracts/instruments, breach of contract and related claims in the business context, claims upon guarantees/indemnities and supply and sale of goods. Barnaby has a particular interest and expertise in the effect and enforceability of restrictive covenants and contractual issues arising in the civil context following termination of employment.

Examples include:

• Olympic Print v Gillison (injunctive relief in respect of alleged conspiracy, theft of confidential information, other economic torts and misrepresentation by former consultants)
• Perkins v Bray (2018, Central London Chancery List) (5-day trial concerning breach of contract and breach of trust of client’s former surveyor)
• Joshi v Patel (appeal reported at [2016] EWHC 3164 (QB)) (acting first instance in non-party costs order application)
• Northwood v Far Ridge (High Court appeal against Master’s detailed assessment. Errors of law and exercise of discretion)
• Instructed by former client of solicitor in respect of £291,000 bill of costs presented following claimant’s loss of employment tribunal claim against investment bank exceeding £3m. Construction of retainer, misrepresentation and professional negligence.
• Instructed by former bankrupt to pursue trustee in £5m claim for failure to assign causes of action, leading to expiry of limitation period.
• Instructed by pharmacy group to advise on lawfulness of termination of merchant payment services. Frustration, misrepresentation and penalty clauses.

Barnaby is frequently instructed by directors, shareholders and partners both in relation to non-contentious and contentious work.  He has experience of matters throughout the life of a company/partnership, including drafting/construction of incorporation documents, disputes at meetings, shareholder disputes, derivative claims, unfair prejudice petitions and accounts following dissolution of partnerships.

Examples include:

• Brown v Brown (multi-million pound claim brought by father against son for improper appropriation of partnership assets in family property management company)
• RE: Provincial Design Services Ltd (£400,000 claim brought by liquidators. Scope of company secretary’s duties, causation and excusal of liability under s. 1157 Companies Act 2006)
• Lane v Galbraith (ongoing partnership dispute of partners to media consultancy. Improper withdrawals of money and accounting)
• Khan v Pandya (multi-day trial in Central London chancery list relating to share of partnership. Fraudulent alteration of documents and issues over death of partner on continuation of partnership)
• Instructed by boxing promotor to advise in relation to potentially multi-million pound claim arising out of breach of non-competition clauses in promotion agreement.

Barnaby has significant experience and expertise in insolvency proceedings. He regularly acts for debtors, creditors and office holders in both personal and corporate insolvency proceedings. Recent reported decisions indicate his growing reputation in this area.

Examples of cases include:

• Azuonye v Kent (appeal to the Court of Appeal on the question of enforceability of income payments orders following subsequent bankruptcy. Previous appeal reported at [2018] EWHC 2766 (Ch))
• Durkan v Patel [2018] EWHC 3231 (Ch) (trial of transactions defrauding creditors, transactions at an undervalue and void payments)
• Rafferty v Sealants International [2018] EWHC 1380 (Ch) (appeal against refusal of annulment application. Procedural irregularities in connection with refusal of adjournment on medical grounds)
• Lord v Pearse [2015] EWHC 3046 (Ch) (appeal concerning liability for liquidator’s costs)
• Re: PSAS UK Ltd (appeal against rejection of proof by administrator in context of contentious proceedings between former directors of accountancy firm)
• Re: Cacciapaglia (directors’ disqualification proceedings concerning alleged mismanagement of company accounts)
• Re: Draft House (claim by subsidiary of Brewdog for restoration to the Register to procure assignment of lease)
• RE: Provincial Design Services Ltd (In Liquidation) – (£400,000 claim brought by liquidators. Scope of company secretary’s duties, causation and excusal of liability under s1157 CA 2006)
• Re: Allen (High Court trial relating to transactions at an undervalue)
• Instructed by former bankrupt to pursue trustee in £5m claim for failure to assign causes of action, leading to expiry of limitation period.

Barnaby is regularly instructed in a wide range of landlord & tenant disputes, including possession claims, forfeiture claims, dilapidations claims, interpretation of leasehold and freehold covenants, service charge disputes, collective enfranchisement and lease extension actions and various tortious claims, such as trespass/nuisance and misrepresentation relating to the acquisition and/or enjoyment of leasehold property.

Examples of cases include:

• Network Rail v Kettle (significant claim for use and occupation of commercial site following expiry of contracted-out lease)
• Madi v Saleh (unlawful eviction appeal. Measure of damages and whether judge should have given judgment for value in excess of pleaded claim)
• Carter v Tarpey (conjoined claims by leaseholders for extensions of residential leases. Whether notices and counter notices valid)
• Alam Devi v EI (claim by commercial tenant relating to failure to reinstate public house following fire)
• Instructed by investor board of leading London hotel to advise on potential class action for misrepresentation against hotel developer

Barnaby has a strong professional negligence property with a particular emphasis on solicitors’ negligence and issues relating to the recovery and quantum of costs. He acts both for clients and professionals and is quick to assimilate information in specialist professional areas.

 Examples of cases include:

• Perkins v Bray (2018, Central London County Court (Chancery List)) (5-day trial concerning professional negligence and breach of trust of client’s former surveyor)
• Khan v Cranbrook Solicitors (claim by former client against solicitors for misappropriation of funds in connection with conveyancing transactions)
• Iqbal v Sovereign Solicitors (claim for breach of trust against former solicitors in connection with payments arising out of PI accident to accident management company)
• Bell Lax v Shahid (High Court claim by solicitors for costs under a CFA. Questions of enforceability, whether work ‘valueless’ and quantum. Appeal on procedural irregularities at trial)
• Instructed by injured worker to pursue solicitors in connection with failure to issue claim in limitation period following serious accident at work.

Barnaby is instructed in a large range of real property claims concerning boundary disputes, restrictive covenants, easements, profits à prendre, trusts, land registration, matters relating to the validity and priority security interests, rectification and adverse possession. He is also a contributor to the Encyclopaedia of Forms and Precedents (Sale of Land).

Barnaby has experience in advising on matters concerning the Building Safety Act 2022, including determination of the “relevant person” in the context of “relevant defects” and remediation orders.

Examples of cases include:

• Warrenden v Hammond (ongoing proceedings in the Central London County Court (Chancery List) concerning dispute between joint freeholders of mixed commercial and residential site as to service charge)
• Morris v Morris (whether finding of fact in the FTT estops party from contesting the same issue before the court in claim relating to validity of declaration of trust)
• Cooper v Cooper and Ogunkoya v Ogunkoya (both 3-day trials relating to matters concerning beneficial interests of residential property under TLATA 1996)
• Instructed by residential estate in Surrey to advise on existence and scope of easements in favour of a prestigious golf course.

Cost and Professional Liability

Recent Cases

• Lord v Pearse [2015] EWHC 3046 (Ch) – High Court appeal concerning liability for liquidator’s costs.
• Joshi v Patel (appeal reported at [2016] EWHC 3164 (QB)) – acting first instance in non-party costs order application.
• MO v DAB (2017) – defending former client of solicitor against £291,000 bill presented following claimant’s loss of employment tribunal claim against investment bank exceeding £3m.  Construction of retainer, misrepresentation and professional negligence.
• Bell Lax v Shahid (2017) – ongoing High Court dispute as to entitlement of solicitor to fees from client following conclusion of CFA-funded matter.
• Ascot Lawyers v Dixon (2016) – defending former client of solicitor in subrogated claim as to proceeds of sale and costs incurred.  Pleaded at over £100,000.
• Northwood v Far Ridge (2015) – High Court appeal against Master’s detailed assessment.  Errors of law and exercise of discretion.
• Ahmed v Evans – Securing 100% settlement for ex-client of solicitors firm.  Utilisation of metadata to uncover solicitors’ forged documents.

Property, Landlord and Tenant, Wills and Trusts 

Recent Cases

• Azuonye v Kent [2019]
• Co-Op v Francis [2015] EWCA Civ 1208 – (led by Martin Hutchinson QC) application for permission to appeal possession order given after multi track trial.
• Oshodi v Estate of Bolarinwa – 2-day tribunal relating to alleged fraudulent transfer of property.
• RE:  Parkinson – negotiated settlement of substantial High Court Inheritance Act claim.

Business, Commercial and Insolvency

Notable Cases

• RE:  Provincial Design Services Ltd (In Liquidation) (2017) – Obtained settlement for former company secretary in £400,000 claim brought by liquidators.  Scope of company secretary’s duties, causation and excusal of liability under s1157 CA 2006.
• Re:  Allen (2017) – High Court trial relating to transactions at an undervalue.
• Joleon Lescott v Neal (2017) – instructed in ongoing High Court matter defending contract and breach of trust claim brought by a professional footballer.  Recently drafted application to challenge jurisdiction on basis of residence.
• Perkins v Bray (2017) – listed for 3-day trial to determine alleged professional negligence and breach of trust of client’s former surveyor.  Valued over £250,000.
• Khan v Cranbrook (2017) – Ongoing High Court action relating to breach of trust by former solicitors valued in excess of £200,000.
• Khan v Pandya (2016) – 2-day trial relating to share of partnership.
• Re:  Brouillet (2014) – Represented debtor in High Court appeal against imposition of bankruptcy.  Consideration of s271(3) IA 1986.
• Hakim v Zarvos (2014) – Acted in High Court appeal successfully resisting application to set aside statutory demand arising out of family loan between creditor and debtor.
• Pro-Lab v Davies (2014) – Secured £250,000+ judgment in 2-day Multi Track trial on enforceability of consent orders and personal loans in light of consumer credit legislation.  Acted for small business owner suffering financial hardship due to debtor’s attempts to evade payment.