Francesca Mitchell

Property

Notable recent cases include:

• A six-week High Court trial concerning a high value property development, breach of confidence, breach of fiduciary duty, dishonest assistance and unlawful means conspiracy. Led by Jonathan Seitler KC and Benjamin Faulkner, and acting against Joanne Wicks KC and Jia Wei Lee.
• As sole counsel, Francesca has successfully resisted an emergency injunction application in the High Court on behalf of a residential landlord and recovered the landlord’s costs.
• Acting in a domestic arbitration concerning the design and installation of hundreds of biomass boilers on properties across England, led by Julian Greenhill KC.
• Acted for telecoms operators to advise on renewals and concurrent leases.
• Francesca has a wealth of experience drafting pleadings in both commercial rent arrears and dilapidations claims.
• Francesca is routinely instructed to advise on a diverse range of issues including: commercial landlord and tenant issues, the construction and enforcement of restrictive covenants and Japanese Knotwood claims.
• Francesca co-wrote a chapter entitled “Some problems concerning nuisance and landlord and tenant” in “Current Issues in Nuisance and Trespass” (a Wilberforce ebook) with Benjamin Faulkner.

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Insolvency

Notable recent cases include:

• Counsel General for Wales & Ors v Gareth Allen (as Official Receiver) & Ors [2022] EWHC 647 (Ch). Successfully challenged a decision of the Official Receiver to terminate the supply of electricity to flood defences in Wales, considering the “perversity” test in s.168(5) IA86 and the role of environmental factors in a liquidator’s decision-making. Led by Thomas Robinson and acting with Daniel Petrides.
• Francesca has successfully appeared in numerous winding up and bankruptcy petitions.
• Francesca is experienced in successfully setting aside statutory demands and recovering her clients’ costs.
• As a pupil, Francesca was involved in the Miss World litigation concerning the abuse of the IVA procedure.

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Trusts, probate and estates: contentious

Notable recent cases include:

• Successfully representing a trustee company appointed by the Pensions Regulator in respect of four claims brought by the former trustees for payment of their invoices.
• Advising the trustees of a large family trust on the exit avenues available to them, and the ramifications of winding up the trust.
• Advising a beneficiary under a family trust as to the potential professional negligence of the trustees.

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