Benedict Evans

Civil fraud and asset recovery

• Acting for the personal representative of a deceased prince in a claim alleging the fraudulent transfer of a high-value property in London.
• Instructed as sole counsel in a dispute concerning a property development partnership and involving allegations that various agreements were entered into and sums advanced on the basis of fraudulent misrepresentations.

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Insolvency

• Benedict regularly appears in the Companies Winding Up List and in the County Court on behalf of petitioning creditors and respondent companies and in respect of bankruptcy petitions.
• Acting for the trustees of a pension scheme in bringing a winding-up petition against the two employers of that scheme on the basis of debts owed to the scheme in excess of £30 million (led by Fenner Moeran KC).
• Acting (as sole counsel) for a former trustee in bankruptcy in respect of an application by the bankrupt to challenge the former trustee’s remuneration and expenses and other actions taken by the trustee.

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Trusts, probate and estates: contentious

Benedict has recently completed a consultancy with Mishcon De Reya LLP, where he assisted in a complex multi-billion pound dispute involving fraud and succession proceedings in numerous jurisdictions.

Benedict’s further recent experience includes:

• Appearing as sole counsel in the High Court in a claim for rectification of an Employee Ownership Trust.
• Advising and acting for executors of an estate in recovering possession of a property from one of the beneficiaries of the estate.

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Property

• Benedict regularly appears as sole counsel in the High Court and the County Court in residential and commercial possession proceedings, 1954 Act renewal proceedings, and applications for injunctive relief.
• Acting for a well-known retailer in a series of disputes with landlords concerning a tenant in administration’s attempts to assign various leases as part of a pre-pack administration, and the various landlords’ attempts to forfeit those leases (led by Zoë Barton KC and Thomas Robinson KC).
• Acting as sole counsel in a dispute between joint tenants of a lease concerning alleged liabilities arising under or in relation to the lease.
• Advising a developer on a complex rights of way dispute.

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Pensions

• Assisting in relation to pensions regulatory matters concerning the exercise of moral hazard powers under the Pensions Act 2004 and concerning the significant event regime under 16 of the Pensions Schemes Act 2017 (led by James Walmsley).
• Acting for the trustees of a pension scheme seeking to wind up the employer following the trustees’ decision to wind up the scheme (led by Fenner Moeran KC).

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