About
Clifford has been recommended for chancery, property and environmental (water) law for many years and has appeared in some of the more important cases in each of these fields.
Previous editions of the legal directories have described Clifford as “an excellent advocate who always appears unflustered in court” (legal 500), “an excellent cross-examiner, who is meticulously prepared and really forensic” (Chambers & Partners – 2023) and someone who has “great charm before the Court but also has a rapier intellect and a relentless determination to persuade the Court to recognise the merits of his client’s case” (Chambers & Partners). This year he was said to be both “consistently excellent” and “ruthless in court” (Chambers & Partners – 2024).
Clifford’s recent success include:
Burgess v Kempson [2023] EWHC 2166 (ChD) – defeating a surveyor’s £7.5 million claim to a share of the profits of a housing development under the terms of an oral agreement.
Reeves v Drew & Ors [2022] EWHC 159 (ChD)– setting aside the will of a £100 million estate for want of knowledge and approval where the judgment quoted extensively from Clifford’s cross-examination of the principal witnesses.
Fairpark Estates v Heals Property Developments [2022] 1 WLR 3931 – acting for the successful respondent to an appeal in a dispute over a property development. The case established that the seeking of a second extension of time for the filing of a defence can constitute a step in the proceedings under section 9(3) of Arbitration Act 1996 and is now cited in the White Book.
Ralph v Ralph [2021] EWCA Civ 1106 – successful (second) appeal that established the test for rectification of a TR1 for common mistake following the Court of Appeal’s earlier judgment in FSHC Group v GLAS Trust Corpn [2020] Ch 365
Clifford has acted for water companies and in flooding claims for many years and is well known for his expertise in relation to the water industry and environmental law, including its criminal provisions. He was described as “the pre-eminent KC for any water industry – related matter, with decades of experience; his advice is the best available” in the 2024 edition of Chambers & Partners.
Very much a lawyer as well as an advocate, Clifford took silk in 2019 following his success in the “exceptional” (Lord Sumption) appeal to the Supreme Court Appeal that was MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2019] AC 119. He has been called “one of those rare advocates who is as strong on his feet as in drafting advice and pleadings” (Legal 500).
Out of court Clifford has been described as “good with clients and solicitors alike” (Legal 500 -2021) and praised for his “willingness to be sympathetic and have empathy while providing good pragmatic advice.” (Chambers & Partners – 2023).
Arbitration
Clifford has acted in a number of arbitrations and adjudications over the last few years, particularly in relation to property construction and property development.
In Fairpark Estates v Heals Property Developments [2022] 1 WLR 3931 – Clifford acted for the successful respondent to an appeal in a dispute between property developers in a case which established that the seeking of a second extension of time for the filing of a defence can constitute a step in the proceedings under section 9(3) of Arbitration Act 1996. The case is now cited in the White Book.
Other recent cases have included a 5 day CIMAR arbitration in relation to RPI increases on several local authority maintenance contracts, an expert determination on overage provisions in respect of a housing development and an LCIA arbitration on a claim to recover $3,439,375 of commission on the sale of jet engines.
As a consequence of his strong background in contract law (see MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2019] AC 119) Clifford has achieved some notable successes in resisting the enforcement of tribunal’s awards such as M Hart Construction v Ideal Response [2018] 177 Con.L.R 177 (successful jurisdictional challenge to £2 million plus award based on novation) and BSW Building Services v Adur D.C [2018] EWHC 3972 (establishing breach of natural justice).
Commercial
Clifford has considerable trial experience of most types of commercial and insolvency litigation including claims against directors for breach of duty, claims for Unjust Enrichment or for Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors’ Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Covenants. He is particularly sought after in claims arising out of guarantees and indemnities having appeared in the landmark case of Johnson v. Davis (1999) Ch.117 CA (IVAs and the release of co-debtors).
He is currently instructed in a £10 million claim in the TCC for damages for the sale of defective water meters and a £3.5 million breach of contract claim in the Chancery Division arising out of the transportation and storage of solvents in Italy and Spain.
Previous reported cases include:
Oak Forest Partnership Ltd (In Liquidation) v Mercantile Investment Holdings SA [2023] EWHC 1903 (claim against directors for breach of fiduciary duty and under s423 of the Insolvency Act)
Ahmed v Ahmed [2023] EWHC 454 (successful defence of a £1 million plus claim for breach of fiduciary duty and successful counterclaim which established a beneficial interest to 50% of company’s share capital)
UKLA v Secretary of State for Education [2020] EWCA Civ 370 (£1 million plus claim for extra work on a contract for educational services)
Dooley v Norris [2019] EWHC 1131 (£6 million minority shareholder action)
Hniazdzilau v Vajgel, Enriquez and Bronovets [2016] EWHC 15 (Ch) (acting for the successful Belarusian claimant in a 12 day trust action to recover ownership of a $6 million property in Minsk).
Intellimedia Systems Ltd v. Doyle [2015] EWHC 1200 (Ch) (acting for the successful Hong Kong claimant in a 7 day action to rectify a company’s register and recover shares).
Morse v. Eaglemoss Publications [2013] EWHC 1507 (Four day trial in the Chancery Division of claim for misrepresentation and breach of fiduciary duty)
CFB Ltd v. Atkins [2013] EWCA Civ 1101 (the payment of undisclosed commission to mortgage brokers and relief under Section 140A and 140B of the Consumer Credit Act 1974)
Beals Mortgage & Financial Planning LLP v. First Global Financial Services [2012] EWHC 3761 (acted for the successful claimant in a 20 day trial of a claim for damages and an injunction for breach of confidentiality and database rights)
Costello v. MacDonald & Otrs (2011) EWCA Civ 930 CA (claim in restitution for unjust enrichment against the directors of a building company, the case established what has since become known as the “Costello Principle”).
County Garages (Birmingham) Ltd v. Manton (2007) EWCA Civ 950 (six week trial in Birmingham Mercantile Court of a claim for rectification of a Shareholders Agreement and attendant damages).
Alan Phillips Associates Ltd v. Dowling (2007) EWCA Civ 64 CA (third party costs order against a company director).
EBS Pension Trustees v. Johnston & Ors (2002) Lloyds Rep PN 309 CA (correct remedy for a solicitor’s breach of a fiduciary duty).
Green King Plc v. Stanley (2002) BPIR 491 CA (the release of guarantors by the IVA of the principal debtor and the scope of undue influence following Royal Bank of Scotland v. Etridge).
Company and Partnership
As an adjunct to his commercial practice, Clifford is often instructed in what might be termed pure Company Law cases such as:
Oak Forest Partnership Ltd (In Liquidation) v Mercantile Investment Holdings SA [2023] EWHC 1903 (claim against directors for breach of fiduciary duty and under s423 of the Companies Act 2006)
Ahmed v Ahmed [2023] EWHC 454 (secured dismissal of claim against director for breach of fiduciary duty and established beneficial interest to 50% of company’s share capital)
BNM Parkstone LLP v Khazi [2022] EWHC 345 (Ch) (acted for LLP in successful pursuit of outgoing partner for breach of fiduciary duty)
Dooley v Norris [2019] EWHC 1131 (£6 million minority shareholder action)
Intellimedia Systems Ltd v. Doyle [2015] EWHC 1200 (Ch) (acting for the successful Hong Kong claimant in a 7 day action to rectify a company’s register and recover shares).
Clifford’s partnership work frequently relates to solicitors’ practices but has also included hotels, HMO businesses and farms; see Re Kingsley [2020] EWCA Civ 297 (partnership dispute over £3.6 million farm).
Environment
Clifford acts in environmental cases in both the civil and criminal courts. He appeared in the first appeal under the Definitive Sentencing Guidelines for Environmental Offences (see R v SWS [2014] EWCA Crim 120) and was instructed to advise in two of the largest prosecutions ever to be brought by the Environment Agency.
He is an expert in the field of environmental permits and in the regulatory framework that governs the Water Industry and those provisions under the New Roads and Street Works Act 1991 that affect the laying and repair of sewers and other conduits. The 2024 edition of Chambers & Partners described him as “the pre-eminent KC for any water industry – related matter, with decades of experience; his advice is the best available”.
Insolvency
Clifford is regularly instructed in insolvency matters, often to defend claims brought by Trustees and Liquidators. Previous reported cases include:
Oak Forest Partnership Ltd (In Liquidation) v Mercantile Investment Holdings SA [2023] EWHC 1903 (liquidators claims against directors for breach of fiduciary duty and under s423 of the Insolvency Act)
Sahota v Singh [2018] EWHC 1685 (fresh evidence in insolvency appeals)
De Leu v Hutton [2016] (ChD) (successful jurisdictional challenge to petition under EC Regulations 1346/2000).
Wilson & Sharp Investments v Harbourview Developments [2015] EWCA Civ 1030 (Injunction to restrain a winding up petition on a £1.2 million interim certificate under a JCT Contract).
Earp v Kurd [2013] BPIR 965 (ChD) (Established that a circa (£800,000 legal charge over a bankrupt’s property was not a sham after a 7 day trial in the Chancery Division brought by a trustee in bankruptcy).
Landlord and Tenant
Landlord and Tenant has always been a big part of Clifford’s practice and particularly in the residential sphere. He appeared for the successful appellant in Crewe Services & Investment Corporation v. Silk (1998) 2 EGLR 1 CA that is still one of the seminal cases on damages for disrepair. Clifford regularly advises two of the largest marinas on the South Coast in relation to their leases and attendant issues.
Recent cases include:
- Acting on a substantial TCC claim for damages for disrepair and breach of fire regulations (plastic cladding) in respect of an apartment block in central Manchester.
- Acting for the lessor to a High Court claim to recover service charges in respect of a property in Cadogan Square
- Obtaining an injunction to prevent the use of waterside properties for AirBnB – POSOL Residents Management Co v Evans (2018) ChD.
- Advising a Marina on the recovery of substantial maintenance/repair costs arising out of inter-company trading.
Mediation & ADR
Mediations are a fact of litigation which Clifford has embraced for many years. A determined but persuasive negotiator Clifford is also an adept drafter of settlement agreements (especially in relation to property disputes) and always adds value to the settlement meetings that he attends.
Professional Negligence
Having appeared in so many property and construction cases, Clifford is often instructed to act in claims against solicitors and construction professionals in relation to property purchases and property development.
Previous cases have included claims against solicitors for failure to advise on easements, restrictive covenants or defects in title and actions against valuers/surveyors for negligent surveys or for failing to properly administer building contracts.
He has recently acted in TCC claims against an architect for the design and supervision of a subsidence prevention scheme and a surveyor for the administration of a JCT contract for the construction of a country house.
Property Damage
Clifford has a significant property damage practice and often appears in the TCC in claims for negligence and/or nuisance and particularly in relation to flood damage. Recent or current claims include:
- A substantial claim against a highway authority for damage to a sewer;
- An claim against a piling contractor who “punctured” a reservoir on the Isle of Wight;
- A claim for professional negligence against a structural engineer whose subsidence scheme failed to stop a substantial country house from sliding down a hill;
- Numerous claims for damages for surface water flooding against landowners, land drainage authorities, water companies and highway authorities.
Real Property
As a junior barrister, Clifford appeared in reported cases in relation to boundaries (Horn v. Phillips LTL 18/12/2004 Extempore CA), rights of way (Jones v. Cleanthi [2007] 1 WLR 1604 CA) and restrictive covenants (Lane v. O’Brien Homes Ltd (2003) EWHC 3030). He continues to practice in these fields but has more recently focused on disputes arising out of the sale and development of land.
Recent or reported cases include:
Burgess v Kempson [2023] EWHC 2166 (ChD) – defeating a surveyor’s £7.5 million claim to a share of the profits of a housing development under the terms of an oral agreement.
Ralph v Ralph [2021] EWCA Civ 1106 – successful (second) appeal that established the test for rectification of a TR1 for common mistake following the Court of Appeal’s earlier judgment in FSHC Group v GLAS Trust Corpn [2020] Ch 365
Kahrmann v Harrison Morgan [2019] EWCA Civ 2094 – constructive trusts and section 2 of the Law of Property (Misc. Provisions) Act 1989.
Hogg v Eddery [2015] EWHC 942 (Ch) (successful appeal against a summary judgment award of £900,000 in a dispute concerning the proper construction of a contract for the sale of land).
In the course of his practice, Clifford has built up a niche specialism in Water Law and flooding; see Raglan Housing Association v. Southampton C.C (successful appeal that established the common law definition of a watercourse) and Oldcorn v Southern Water [2017] Env. L.R 25 & [2017] Costs L.O 227 (successful defence of substantial flooding claim).
Trusts, Probate & Estates
Clifford has always practised in probate and “traditional chancery” and has been recommended in this field by Chambers & Partners since taking silk. His practice includes TOLATA claims to “property empires” that have been built up by extended families.
Previous reported cases include:
Reeves v Drew & Ors [2022] EWHC 159 (ChD) – setting aside the will of a £100 million estate for want of knowledge and approval where the judgment quoted extensively from Clifford’s cross-examination of the principal witnesses.
Ali v Khatib [2022] EWCA Civ 481 – residuary legatee’s liability for mesne profits or occupation rent.
Ralph v Ralph [2021] EWCA Civ 1106 – successful (second) appeal that established the test for rectification of a TR1 for common mistake following the Court of Appeal’s earlier judgment in FSHC Group v GLAS Trust Corpn [2020] Ch 36.
Re Kingsley [2020] EWCA Civ 297 (orders for sale under TOLATA and right to buy co-owner’s share of property at court assessed price).
Miah v Miah [2020] EWHC 3374 (ChD). (substantial TOLATA dispute between brothers as to the beneficial ownership of numerous commercial and domestic properties in and around Northampton)
Akhter v Akhtar (2019) Birmingham District Registry, (substantial TOLATA dispute between brothers as to the beneficial ownership of numerous commercial and domestic properties in Coventry)
De Muller v Harrison-Morgan [2018] EWHC 1904 Ch (£2.2 million pound claim by the Estate of a German Banker).
Bushan v Chand [2015] EWHC 1298 (Ch) (Four week trial in the Chancery Divisions of a constructive trust claim to some 40 commercial and residential properties in Birmingham).
Dibble v. Pfluger (2010) 1 FLR 659 CA (constructive trust and the application of the dicta in Oxley v. Hiscock).
MacDonald & Bannigan v. Frost (2009) EWHC 2276 ChD (Birmingham) (Proprietary estoppel and succession)
Walters v. Smee (2008) EWHC 2902 ChD (Testamentary capacity and undue influence).
Notable Cases
Burgess v Kempson [2023] EWHC 2166 (ChD) – defeating a surveyor’s £7.5 million claim to a share of the profits of a housing development under the terms of an oral agreement.
Reeves v Drew & Ors [2022] EWHC 159 (ChD) – setting aside the will of a £100 million estate for want of knowledge and approval where the judgment quoted extensively from Clifford’s cross-examination of the principal witnesses.
Fairpark Estates v Heals Property Developments [2022] 1 WLR 3931 – acting for the successful respondent to an appeal in a dispute over a property development. The case established that the seeking of a second extension of time for the filing of a defence can constitute a step in the proceedings under section 9(3) of Arbitration Act 1996 and is now cited in the White Book.
Ali v Khatib [2022] EWCA Civ 481 – residuary legatee’s liability for mesne profits or occupation rent.
Ralph v Ralph [2021] EWCA Civ 1106 – successful (second) appeal that established the test for rectification of a TR1 for common mistake following the Court of Appeal’s earlier judgment in FSHC Group v GLAS Trust Corpn [2020] Ch 365
Re Kingsley [2020] EWCA Civ 297 – orders for sale under TOLATA and allowing a party to purchase at a court-assessed price.
UKLA v Secretary of State for Education [2020] EWCA Civ 370 – non-oral modification clause and estoppel – raising new points on appeal
Kahrmann v Harrison Morgan [2019] EWCA Civ 2094 – constructive trusts and section 2 of the Law of Property (Misc. Provisions) Act 1989.
MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2019] AC 119 – non-oral modification clauses and the rule in Foakes v Beer.
BSW v Adur D.C [2018] EWHC 3972 (TCC) – successful jurisdictional challenge to adjudicator’s (£300,000) award on the grounds of breach of natural justice.
Hart Construction v Ideal Response [2018] EWHC 314 (TCC) – successful jurisdictional challenge to adjudicator’s £2 million award on the grounds of novation.
Sahota v Singh [2018] EWHC 1685 – fresh evidence in insolvency appeals.
Oldcorn v Southern Water [2017] Env. L.R 25 & [2017] Costs L.O 227 – successful defence of flood damage claim.
Hniazdzilau v Vajgel, Enriquez and Bronovets [2016] EWHC 15 (Ch) – Acting for the successful Belarusian claimant in a 12 day trust action to recover ownership of a $6 million property in Minsk.
Wilson & Sharp Investments v Harbourview Developments [2015] EWCA Civ 1030 – injunction to restrain a winding up petition on a £1.2 million interim certificate under a JCT Contract.
Intellimedia Systems Ltd v. Doyle [2015] EWHC 1200 (Ch) – acting for the successful Hong Kong claimant in a 7 day action to rectify a company’s register and recover shares.
Hogg v Eddery [2015] EWHC 942 (Ch) – successful appeal against summary judgment on a £900,000 plus claim on a contract for the sale of land.
Bushan v Chand [2015] EWHC 1298 (Ch) – four week trial in the Chancery Divisions of a constructive trust claim to some 40 commercial and residential properties in Birmingham.
R v SWS [2014] EWCA Crim 120 – first appeal brought after the coming into force of the Definitive Sentencing Guidelines for Environmental Offences.
Earp v Kurd (costs) [2014] EWCA Civ 1482 – recovery of mortgagee’s costs.
Earp v Kurd [2013] BPIR 965 (ChD) – established that a (circa (£800,000) legal charge over a bankrupt’s property was not a sham after a 7 day trial in the Chancery Division brought by a trustee in bankruptcy.
Morse v. Eaglemoss Publications [2013] EWHC 1507 – four day trial in the Chancery Division of claim for misrepresentation and breach of fiduciary duty.
CFB Ltd v. Atkins [2013] EWCA Civ 1101 – the payment of undisclosed commission to mortgage brokers and relief under Section 140A and 140B of the Consumer Credit Act 1974.
Costello v. MacDonald & Otrs (2011) EWCA Civ 930 CA – claim in restitution for unjust enrichment against the directors of a building company, the case established what has since become known as the “Costello Principle”.
CRJ Services Ltd v. Lanstar Ltd (2011) EWHC 972 TCC – enforcement of an adjudicator’s decision where issues were raised as to natural justice and agency.
Woodlands Oak Ltd v. Conwell (2011) EWCA Civ 254 CA – the extent of an employer’s duty to mitigate his losses in a building dispute and the decision in Pearce & High v Baxter.
Dibble v. Pfluger (2010) 1 FLR 659 CA – constructive trust and the application of the dicta in Oxley v. Hiscock.
MacDonald & Bannigan v. Frost (2009) EWHC 2276 ChD (Birmingham) – proprietary estoppel and succession.
Walters v. Smee (2008) EWHC 2902 ChD – probate action, testamentary disposition and undue influence.
Raglan Housing Association v. Southampton C.C & Southern Water Services Ltd (2008) Env. LR 11 CA – common law definition of a sewer and a watercourse.
Alan Phillips Associates Ltd v. Dowling (2007) EWCA Civ 64 CA – third party costs order against a company director.
Jones v. Cleanthi (2007) 1 WLR 1604 CA – extinguishment of rights of way by operation of statute.
County Garages (Birmingham) Ltd v. Manton (2007) EWCA Civ 950 – six week trial in Birmingham Mercantile Court of a claim for rectification of a Shareholders Agreement and attendant damages.
Rose v. Dodds (2006) 1 AER 464 CA – transfer of undertakings following the Law Society’s intervention in a solicitor’s practise.
Horn v. Phillips LTL 18/12/2004 Extempore CA – boundary dispute – exclusion of extrinsic evidence in the construction of a parcel clause to a conveyance.
Lane v. O’Brien Homes Ltd (2003) EWHC 303 (QB) – calculation of Wrotham Park type damages for breach of a restrictive covenant.
Sec. State for Trade & Industry v. Selby (2003) LTL 25/6/2002 Ch D – delay in the pursuit of an appeal under the Company Directors Disqualification Act 1986.
EBS Pension Trustees v. Johnston & Ors (2002) Lloyds Rep PN 309 CA – correct remedy for a solicitor’s breach of a fiduciary duty.
Green King Plc v. Stanley (2002) BPIR 491 CA – the release of guarantors by the IVA of the principal debtor and the scope of undue influence following Royal Bank of Scotland v. Etridge.
Sajid v. Sussex Muslim Society (2002) IRLR 113 CA – the incidence of issue estoppel and res judicata where claims are brought in both a county court and an employment tribunal.
Sussex Properties Ltd v. Chichester District Council (2000) All ER (D) 887 CA – rescission in equity for mutual mistake.
Stimpson v. Smith (1999) Ch 340 CA – rights of contribution between guarantors.
Johnson v. Davis & Cole (1990) Ch 117 CA – the release of co-debtors and its affects on IVA’s under the Insolvency Act 1986.
Crewe Services & Investment Corporation v. Silk (1998) 2 EGLR 1 CA – assessment of damages for diminution in the value of a lessor’s reversion during the continuance of a lease
Recommendations
He’s excellent – his knowledge of environment regulation and the water industry is encyclopaedic.’
Chambers and Partners – 2022 – Environment
‘ An excellent advocate who always appears unflustered in court. He has strong attention to detail and provide excellent client care.’
Legal 500 – 2022 – Property Litigation
‘An excellent advocate who appears unflustered in court and shows strong attention to detail. ’
Legal 500 – 2022 – Environment
‘He is good with clients and solicitors alike, providing assistance on some issues that other counsel may leave to the solicitors to deal with unaided.’
Legal 500 – 2021 – Property Litigation
‘He is very bright and can find a way through the most technical of legal challenges.’
Legal 500 – 2021 – Environment
“Very good with clients and very good on his feet.”
Chambers and Partners – 2020 – Real Estate Litigation
“A very perceptive analyst but whose real strength is in the preparation of the case.”
Chambers and Partners – 2020 – Real Estate Litigation
“A pleasure to work with.”
Chambers and Partners – 2020 – Environment
“Quick to absorb the facts and focuses on the crucial points.”
Legal 500 – 2020
“He is suave, sophisticated and someone with a razor-sharp intellect.”
Legal 500 – 2018
“has great charm before the Court, but underneath also has a rapier intellect and relentless determination to persuade the Court to recognise the merits of his client’s case.”
Chambers UK 2017 – Real Estate
Education
BA (Oxon) Lincoln College, Oxford
Professional Memberships
- Chancery Bar Association
- Property Bar Association
BSB & VAT Information
Registered Name: Mr Clifford John Darton KC
VAT Number: 582863503
