
Recent Cases
Permission to proceed? Derivative claim denied
Company law, Commercial disputes, Joint venture and partnership disputes, Trusts, probate and estates: contentious
Nikki Singla KC | Caspar Bartscherer
Tuesday 6 October 2026
Property, Trusts, probate and estates: contentiousThursday 21 December 2023
The case, one of The Lawyer’s Top 20 Cases of 2023, concerns a multimillion-pound property on The Bishop’s Avenue (sometimes known as “Billionaire’s Row”) in North London.
The judgment, in addition to dealing with questions of Liechtenstein, Swiss and Shari’a Law, addresses a number of principles of English property and trusts law and conflicts of laws. These include the role of ostensible authority in the context of gratuitous dispositions, and the effect of s. 26 / s. 29 of the Land Registration Act 2002 when a former registered proprietor seeks to recover title to land following a disposition alleged to have been made (a) outside the capacity of the transferor and/or (b) in breach of fiduciary duty. The judgment also considers the construction of Rome II and the categorisation of claims in mistake, unjust enrichment and knowing receipt under it, as well as the principles underpinning claims for knowing receipt in the context of the recent decisions of the Court of Appeal and the Supreme Court in Byers.
Simon Atkinson was instructed by Simmons & Simmons LLP, along with Rupert Reed KC (Serle Court), for the successful defendant.
This decision has been widely reported in the media, including in Bloomberg here.
Post script: In addition to today’s High Court judgment, the previous Court of Appeal decision [2020] 1 WLR 1627 in the same proceedings is one of the leading authorities relating to the striking out of proceedings for abuse of process where a party is alleged to have “warehoused” proceedings.
People to view:

Recent Cases
Company law, Commercial disputes, Joint venture and partnership disputes, Trusts, probate and estates: contentious
Nikki Singla KC | Caspar Bartscherer
Tuesday 6 October 2026

External Conferences
7 - 9 October 2026
CVK Park Bosphorus Hotel Istanbul, Turkey
Speakers:
Gilead Cooper KC | Clare Stanley KC | Jonathan Davey KC | Tom Roscoe | Michael Ashdown | Tommie Drury

Events / Webinars
Monday 18 January 2027 | 9am - 5.45pm followed by drinks and dinner
InterContinental London, Park Lane

Articles
Article by Benjamin Faulkner and Francesca Mitchell, published 28th September 2026 This article was originally published by Estates Gazette here. It used to be said that ground (f) cases under the Landlord and Tenant Act 1954 were a landlord’s to lose.... Read more
By Benjamin Faulkner | Francesca Mitchell
Monday 28 September 2026