Noah Gifford

Court

• Drafting Claims for directions and blessings under CPR 64;
• Applications under the Guardianship (Missing Persons) Act 2017
• Successful mediation of 1975 Act spousal claim and TOLATA claim concerning £1,4m estate
• Drafting the defence for the Defendant executors in response to the disinherited son’s proprietary estoppel claim as to the Deceased’s Brighton and Hove property portfolio and chattels worth £4.2 million.
• Successfully representing the Claimant at the mediation of her High Court claim for a declaration as to the existence of a trust following Pallant v Morgan and an equitable account.
• Representing the Claimant in a multi-million pound TOLATA claim at the First Defendant’s application for an unless order in respect of her alleged breaches of her disclosure obligations pursaunt to PD57AD.
• Drafting Defence and Counterclaim in Claim seeking the propounding of a will for an order under section 116 of the Senior Courts Act 1981 to pass over the Claimant in favour of the professional administrators cum testamento annexo.
• Drafting the Particulars of Claim for a High Court claim concerning trust over development of land of which both the Claimant and an estate of which she is executor have an interest and recovery of monies from the trustee of a Will Trust.
• Drafting the Reply to Defence and Defence to Counterclaim in a claim concerning historic constructive trust over and unlawful eviction from a £3,500,000 property.
• Representing Defendants at mediation in a section 50 removal case defended on the basis of disclaimer and/or consent to the alleged breaches.
• Drafting witness statements in defence to Part 8 claim for removal and substitution of the executor.
• Successfully representing a Defendant in a proprietary claim for recipient liability.
• Drafting statements of case in claims for revocation of wills by reason on undue influence, lack of knowledge and approval and lack of capacity.
• Drafting statements of case and representing parties in Inheritance (Provision for Family and Dependants) Act 1975 Claims.
• Successfully representing an adult child Claimant at a mediation of a 1975 Act claim.
• Drafting statements of case and representing parties in TOLATA 1996 Claims and interim applications.
• Successfully obtaining section 44(ii) Trustees Act 1925 Vesting Order against the Attorney-General.
• Obtaining a settlement for a claimant at a settlement conference in an undue influence claim.

Advice

• Advising Defendant executors as to a disinherited son’s proprietary estoppel claim as to the Deceased’s Brighton and Hove property portfolio and chattels worth £4.2 million.
• Advising a beneficiary of a Jersey and UK discretionary trusts following a High Court Order and subsequent acceleration of entitlements by the respective trustees.
• Advising executors as to the purported claim against the validity of the Will by the Deceased’s family and their prospects of an order under rule 44(13) of the NCPR.
• Advising on claims as to whether testators lacked capacity to make a new will and revoke the former will, including cases where the testator did so between suicide attempts.
• Advising on claims for the revocation of wills by reason of undue influence and lack of knowledge and approval.
• Advising as to prospects of claims for removal and substitution of executors under section 50 of the Administration of Estates Act 1985.
• Advising as to prospects of claims against professional and lay trustees for historic breach of powers and fiduciary duties.
• Advising as to prospects of a claim for declarations as to disclaimer of legacies and, in the alternative, to consent to a breach of an executor’s duties.
• Advising executors as to prospects of a claim for setting aside an inter vivos loan on the basis of undue influence.
• Advising executors and trustees in respect of applications for directions under CPR 64.2, including as to how to proceed in cases of contentious limited grants, payments into Court of the inheritances of beneficiaries refusing to accept their inheritance due to distrust of executors and the validity of trust resolution seeking to terminate a trust.
• Advising as to the validity of an assent of a property in breach of an executor’s duties and a subsequent deed of trust, and thereafter, the prospects of a claim for devastavit
• Advising both claimants, executors and beneficiaries on Inheritance (Provision for Family and Dependents) Act 1975 claims, including claims by estranged adult children who have been sexually abused by the Deceased.
• Advising both claimants and defendants on TOLATA 1996 claims, including a claim regarding a common intention constructive trust in a multi-million pound property development.
• Advising on the validity of a pre-incorporation director’s loan and the implications in respect of a wills trust and an estate.
• Advising a charitable trust as to section 41 of the Trustees Act 1925 application for appointment of trustees following historic invalid appointments.
• Advising an executor as to the sale of estate assets, despite specific legacies, to discharge the estate’s liabilities and defending a potential devastavit claim.
• Advising on the termination of a beneficial interest in property granted by a will and whether the same extends under the doctrine of succession.
• Advising on the interpretation of an unregistered TR1 as an express declaration of trust in a contentious probate dispute.
• Advising on the prospects of a constructive trust claim pursuant to the doctrine of mutual wills.
• Drafting Letters Before Action in Inheritance (Provision for Family and Dependents) Act 1975 claims.
• Drafting Letters Before Action in claim for the revocation of a will.
• Drafting Larke v Nugus Letters.

Court

• Representing Objector in a three-day FTT (Land Registration) trial as to the abandonment of an easement;
• Limited Civil Restraint Order application against Claimants in Multi-Track litigation;
• Advising and drafting the Defence on behalf of the patriarch of a traveller family to a High Court boundary dispute, trespass and nuisance claim in which the Local Authority Claimant seeks damages of £700,000.00;
• Appearing for the Claimant in a multi-track harassment and nuisance trial against her neighbour
• Representing Freeholder in a two-day section 27A service charge determinations trial.
• Drafting Reply to Defence and Counterclaim in the estate’s trespass claim defended by beneficiaries on the basis of proprietary estoppel and/or common intention constructive trust.
• Five-day multi-track trial in unlawful forfeiture case involving an equitable variation of a business tenancy, promissory estoppel and a substantial dilapidations and trespass counterclaim.
• Five-day service charge trial representing Applicant leaseholders in First-Tier Tribunal (Property Chamber).
• Successfully representing Claimants in multi-track trial for injunction under the Access to Neighbouring Land Act 1992.
• Drafting Particulars of Claim in High Court claim for rectification of leasehold title registered following fraudulent registration of a new short lease under Schedule 4 of the LRA 2002.
• Successfully representing the defendant social landlord in the High Court injunction claim for inter alia alleged breach of its decant policy.
• Drafting and representing Claimants and Defendant Local Housing Authorities in judicial reviews as to Local Housing Authorities breaches of Parts 6 and 7 of the Housing Act 1996, including urgent applications to the Immediates Court.
• Successfully obtaining interim injunctions in Access to Neighbouring Land Act 1992 claims.
• Drafting Details of Claim and application for an interim injunction in an urgent Access to Neighbouring Land Act 1992 and nuisance claim
• Drafting Particulars of Claim and application for an interim injunction in a case concerning breach of beneficial access covenants, trespass and nuisance.
• Representing Defendants at a mediation of a claim concerning a fraudulent misrepresentation case arising from the sale of their property.
• Representing a Claimant at a mediation of a claim concerning proprietary estoppel and, in the alternative, unjust enrichment case.
• Defending Statutory Sewerage Undertaker in nuisance and negligence claims.
• Drafting statements of case and representing parties in TOLATA 1996 Claims and interim applications.
• Drafting Judicial Review challenging Home Secretary’s failure to provide adequate accommodation to family of vulnerable asylum seekers.
• Drafting and representing appellants in section 204 of the Housing Act 1996 appeals.
• Successfully obtaining final charging orders and subsequent orders for sale.
• Representing Freeholder in Lease Extension Premium Determination Application.
• Representing both Leaseholders and Freeholders in Service Charge Determination Applications to the FTT.
• Representing leaseholder in an urgent injunction application in case concerning unlawful forfeiture of part of the demised property.
• Applications for summary judgment and/or strike in claims for mandatory injunction to enforce repairing covenants and damages.
• Drafting statements of case and representing parties in possession proceedings of commercial and residential properties for both Landlords and Tenants.
• Representing social landlords in applications for and a multi-track trial for Anti-Social Behaviour Injunctions and subsequently prosecuting and defending committal applications for breaches of the same.

Advice

• Advising misrepresentation claim concerning the sale of £2.75m property.
• Advising a co-owner of the property as to her position following allegations that her co-owner used fraudulently misappropriated monies to purchase or enable the purchase of the property.
• Advising the joint owner of a property as to her prospects of obtaining an order removing the unilateral notice under the High Court’s inherent jurisdiction.
• Advising freeholders and developers as to the benefit, existence and extent of easements.
• Advising a late Sheikh’s partner as to proprietary estoppel claim concerning multi-million-pound Knightsbridge property.
• Advising as to claim for rectification of the title register in respect of fraudulent surrender of long lease and registration of a new short lease.
• Advising on validity and subsequent breaches of overage and option agreements.
• Advising freeholders and leaseholders on leasehold disrepair disputes.
• Advising administrator as to judicial review of the Chief Land Registrar’s refusal to grant an application for the upgrade of title under section 62(1) of the LRA 2002.
• Advising on claims for adverse possession of Land under the LRA 2002.
• Advising as to the ownership of unregistered farmland not dealt with in historic probates and allegation of adverse possession of the same.
• Advising business tenant as to threatened forfeiture by the assigned landlord who has engaged in a course of harassment.
• Advising as to claim for fraudulent misrepresentation and breach of contract in the sale of land by auction.
• Advising on Access to Neighbouring Land Act 1992 claims.
• Advising on the enforcement of Tomlin Orders and injunctions in complex neighbour disputes
• Advising on nuisance claims, both for damages and injunctive relief.
• Advising a statutory sewerage undertaker on a boundary dispute.
• Advising Claimants on Judicial Reviews against Local Housing Authorities in respect of breaches of Parts 6 and 7 of the Housing Act 1996.
• Advising Appellants and Respondent Local Housing Authorities on section 204 of the Housing Act 1996 appeals.
• Advising leaseholders in respect of applications to the First-Tier Tribunal for the determination of service charges.
• Advising former secure tenants as to the housing association’s refusal of their right to buy under Part 5 of the Housing Act 1985 Act.
• Advising both Landlords and Tenants on possession claims, including section 21 claims with issues arising out of the Gas Safety (Installation and Use) 1996 Regulations
• Advising on defences to claims for Anti-Social Behaviour Injunctions on the basis of disability discrimination and breach of the PSED.

Court

• Drafting Defence for the administrator of late director’s estate in defence to a claim for recovery of a large unauthorised director’s loan;
• Defending CPR 11 Application that England and Wales is forum non conveniens;
• Drafting Defence for two former director defendants to £1.7 million fraudulent misappropriations defence. In the course of the defence, Noah exposed a multi-jurisdictional importation fraud perpetrated by the Claimant company;
• Representing the respondent insurance broker company in an application for Pre-Action disclosure.
• Successfully representing Appellant in overturning a finding of breach of bailment in case concerning destruction of a vehicle following seizure of the same by the police.
• Drafting a debtor’s bankruptcy appeal on the grounds of serious procedural irregularities.
• Drafting Particulars of Claim in defamation, malicious falsehood and harassment claim brought by the Chairman of a national sports charity.
• Urgent interim injunction application in a matter case concerning proprietary estoppel and breach of contract in respect of a business licence with an option to purchase.
• Resisting multiple applications for debarring orders in Kings Bench Division in libel and malicious falsehood between two rival pastors.
• Drafting a Defence to an equity investment claim.
• Representing the claimant for a Norwich Pharmacal Order against HMRC.
• Drafting urgent application to the Kings Bench Division to stay writ of control.
• Drafting statements of case in breach of contract claims, including a £125,000 claim against an electric car manufacturer.
• Drafting statements of case in bailment cases, including a matter concerning an unlawful conversion of a motorboat.
• Representing a claimant in trial of tort of deceit and unfair relationship CRA 2015 claim.
• Summary judgment and strike out applications, including obtaining summary judgment in legal services dispute worth over £100,000.
• Representing debtor company in an application to restrain the giving of notice of winding-up petitions in the Insolvency and Companies Court (ChD).
• Fast and Small Track trials as to breach of contract and bailment.
• Representing creditors in Winding Up Petitions.

Advice

• Advising a local authority on defamation and malicious slander claim against a member of staff following disciplinary proceedings
• Advising executors as to the Estate’s claim to set aside £300,000 worth of transactions on the basis of coercion by the Deceased’s former carer and her family.
• Advising on debtor on appealing bankruptcy order on grounds of serious procedural irregularity.
• Advising celebrity influencer and model on contractual dispute arising out of her termination of contract wit her former talent agency.
• Advising majority shareholder on a claim to regain control of company and its accounts after being fraudulently stripped of control.
• Advising on a derivative claim against directors of freehold management company.
• Advising a former director as to defending claim brought by the company’s liquidator under section 212 of the IA1986.
• Advising on the validity of a Members Voluntary Liquidation resolution in case concerning co-trustees jointly holding shares.
• Advising on breach of contract, misrepresentation and unjust enrichment claims, including those against overseas parties.
• Advising on settling costs dispute in Chancery Division dispute.
• Advising on the prospects of successfully resisting an appeal on the refusal to set aside a default judgment in a high value bailment case.
• Advising on claimants and defendants on bailment cases including bailment locatio operas facidendi of a boat, vehicles on Hire Purchase Agreements and seized by the police.
• Advising on injunctions to restrain the giving of notice of winding-up petitions.

Planning

• Drafting Letter Before Action as to proposed judicial review of LPA’s procedurally unlawful and irrational decision under section 73 of the TCPA 1990.
• Advising an LPA as to whether a telecommunications giant had permitted development rights for replacement 5G mast on a new site without prior approval.
• Advising pub landlord as to the prospects of appealing an Abatement Notice issued under section 80(2A) of the Environmental Protection Act 1990.
• Advising LPAs as to the lawfulness of Local Development Schemes, both substantively and procedurally.
• Advising Planning Committee Chairs at Planning Committee Meetings

Public Inquiries

• Evidential counsel on the Post Office Horizon IT Inquiry dealing with the disclosure of documents to the Inquiry following Rule 9 requests and Section 21 notices.