Civil Litigation

Providing advice and representation in the civil courts for businesses and individuals in the following areas: 

Contentious Probate and Inheritance Act claims

Acting for both the estate and claimants in cases where:

The validity of the will is disputed due to lack of capacity, duress or undue influence.

Insufficient provision has been made under the will or intestacy for a dependent of the deceased.

Recent cases:

Acted for the Estate in a claim brought by the daughter of the Deceased alleging undue influence and fraudulent calumny;

Acted for the Deceased’s life partner who in the absence of a will was left with no provision;

Acted for the Deceased’s widow who had separated from the Deceased just before death and who was then removed from the will with a large property portfolio left to community elders;

Contract disputes

Commercial contract litigation and debt recovery

Consumer claims under the Sale of Goods Act

Recent cases:

Advising a large print broker in relation to an alleged over-claim in excess of £1m;

Acted for a private hire taxi company in operator’s licence dispute;

Advising former directors of insolvent companies on liabilities for personal guarantees given whilst trading.

Property Disputes

Commercial and residential property dispute resolution:

Boundary disputes, rights of way, restrictive covenants, trespass and adverse possession claims.

Acting for claimants and property owners where a beneficial interest is claimed in property under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA).

Landlord and Tenant Act possession claims, breach of lease issues, applications for a new tenancy and dilapidations. 

Recent cases

Acting for the Defendant in a boundary line claim brought by a neighbour backed by legal expenses insurance in which the neighbour withdrew proceedings shortly before trial and the insurer paid the client’s costs.

Represented Defendants in alleged trespass proceedings brought at court arising out of ownership of land dispute over adverse possession rights;

Acted for Claimant hotel owner seeking an injunction at court whose right of way was blocked by the installation of private gates by the owner of adjoining land over which the easement was located. 

TLATA: instructed by the Estate against the deceased’s brother in a claim that the widow was the true beneficial owner of the family home worth over £400,000. Claim concluded at trial in favour of the Estate and a full costs order.

TLATA: Acting for Claimant in a large multi-property claim involving disputed declarations of trust.

Contact: 
litigation@henryhyams.com