Marie-Claire Bleasdale

Marie-Claire is an experienced property litigator undertaking a wide range of property disputes ranging from commercial landlord and tenant to residential landlord and tenant, and beneficial ownership and boundary disputes. She is recommended for property litigation in Chambers UK Bar and in The Legal 500 UK Bar.

Recent work of note includes commercial landlord and tenant forfeiture and insolvency issues, construction of rent review clauses and repairing covenants, 1954 Act renewals. Misrepresentation claims arising out of auction contracts. Constructive trust and proprietary estoppel claims.

She frequently acts for property investors and is particularly recognised for her effectiveness in hotly contested witness actions.

Her cases of note include:

• Ferial Posner v Giuliano Stella & Ors [2023] A long running disrepair dispute between lessor and lessee involving a dispute on the meaning and effect of a covenants requiring prior consent for lessee alterations
• Mao Wah Limited v Amari 1 Ltd [2023] Landlord claim for construction/rectification of the rent review and repairing obligations in a lease of a nightclub
• Hannah v French [2023] Acting for the respondents to an application to determine a boundary raising issues of adverse possession and construction of conveyances, in circumstances where future development depended on visibility splays to a jointly used access road.
• Peddiniti & Ors v Iwanier [2023] action for the return of forfeited deposit in respect of property sold at auction.
• Altair v Octopus, Quadi v Octopus [2021] Marie-Claire acted for the receivers appointed by the lenders Octopus in 2 cases in which borrowers were trying to prevent the receivers from selling the mortgage property.

Marie-Claire is instructed to advise on and to conduct litigation relating to a wide range of trust related issues, including the construction of trust provisions, the duties of trustees, administration of trusts, breach of duty claims, Beddoes applications, applications to vary trusts, and applications for directions from the Court.

Her recent work includes:

• Advising on the exercise by the trustees of a large family trust on the exercise of powers of appointment and advancement
• Acting for a minor in an application to Court by the trustees for directions on whether or not the proposed use of trust funds would be for his benefit
• Advising on whether a proposed settlement and variation of a trust was in the interests of the minor and unborn contingent beneficiaries
• Advising on the consequences of HMRCs challenge to a IHT planning scheme and on how the trusts could be wound up
• Advising on the trusts created by a trust deed where the conditions attaching to a gift were ambiguous
• Advising on the extent of successive interests created by an ambiguous trust provision.

Marie-Claire’s practice encompasses litigation and advisory work in connection with contentious probate, the construction of wills, rectification of wills, proprietary estoppel/constructive trust claims in relation to property disposed of by wills, mutual wills and the administration of estates. She also advises on tax issues where they arise in these contexts.

She has considerable experience of applications for provision under the Inheritance (Provision for Family and Dependents) Act 1975 and has recently been involved in claims involving a retired adult son, a disabled daughter, a widow, a co-habitee, a separated wife, a third wife and a disabled grandson.

Recent cases of note include:

• Mallaby & Walker v Shah & Ors, High Court Newcastle District Registry – Appearing in a case concerning will construction and a gift of funds in incorrectly described bank account
• Johannes v Johannes, Oxford County Court – Acting in a beneficial ownership of matrimonial home and family provision claim by a widow under the Inheritance (Provision for Family and Dependents) Act 1975
• Sifri v Orrell – Acting in a probate dispute in the Manchester District Registry of the High Court: in which Marie-Claire’s client successfully challenged the Deceased’s will on the basis of want of knowledge and approval
• F v F, Central London County Court – Acting in a claim by a wife under the 1975 when majority of estate left to daughter of first marriage
• Re B – Acting in a claim to recover estate asset from beneficiary claiming an interest pursuant to a constructive trust or proprietary estoppel.

Other work includes whether wills were mutual wills and the implication of s2 of the LP(MP) Act 1989; whether a will could be challenged on the grounds of lack of capacity, want of knowledge and approval and undue influence and whether a settlement was in the interests of a minor child beneficiary of the deceased’s estate.

Marie-Claire undertakes a wide range of commercial work including partnership disputes and property related insolvency work.

Her recent experience includes:

• Acting in litigation between parties to an exclusive distributorship agreement which gave rise to an issue of forum non conveniens
• Advising directors regarding a profit share agreement entered into with staff and how it impacted on the proposed sale of the business
• Acting for directors opposing a claim to wind up the holding company in a group of family companies on the just and equitable ground
• Defeating a claim that her client should be liable for the debts of a partnership on the grounds that he was held out as a partner.

Marie-Claire is an accredited mediator with the Society of Mediators and a member of the Civil Mediation Council. She brings her considerable experience at the bar, and as a Recorder sitting both in the County and Crown Courts to her role as a mediator. She is happy to accept instructions in any civil and commercial disputes.