Clifford Darton KC

Recommended in this field by Chambers & Partners (London) since taking silk Clifford has always had a strong following in probate and “traditional chancery” matters.

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).

Over the years, Clifford Darton has been instructed in many significant and substantial property cases throughout the region and nationwide.

Pre silk he 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 receive cases relating to contested boundaries, rights of way, restrictive covenants and adverse possession claims as well as 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).

Throughout his career Clifford has worked with and assisted clients on Landlord and Tenant disputes. His success early in his career for the appellant in Crewe Services & Investment Corporation v. Silk (1998) 2 EGLR 1 CA is still one of the seminal cases on damages for disrepair and has led to many similar instructions.  His clients include two of the largest marinas on the South Coast who he has advised in relation to their leases and their recovery of services charges.

Recent cases include:

• Advising both freeholders and lessees on the provisions of the Building Safety Act 2022.
• 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.

A recognised trial lawyer Clifford is frequently instructed to lead in commercial, company and insolvency litigation. Recent editions of Chambers & Partners (London) have described Clifford as “an excellent cross-examiner” (2023) and someone who is “ruthless in court” (2024).

Claims conducted include Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors’ Disqualifications, actions for Breach of Confidence and Database Rights, proceedings to enforce Restraint of Trade Covenants, claims against directors by liquidators, claims for Unjust Enrichment or for Breach of Fiduciary duties.

He has considerable experience of claims under guarantees and indemnities having appeared in the landmark case of Johnson v. Davis (1999) Ch.117 CA (IVAs and the release of co-debtors) and is a standout choice for many cases where a guarantee is being challenged.

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)

BNM Parkstone LLP v Khazi [2022] EWHC 345 (Ch) (acted for an LLP in its successful pursuit of outgoing partner for breach of fiduciary duty)

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).

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).