deBriefed – March 2026

Welcome to the Group’s first deBriefed for 2026! This was a busy quarter for our barristers. Below are some examples of the work we have been engaged in.

COMMERCIAL

Gavin McLeod secured judgment following the 3-day trial of a counterclaim alleging breach of confidence. HHJ Melissa Clarke upheld the claim that the client, a family company which had received substantial sums of capital from an associated company, was entitled to confidence in relation to the fact of those payments. When the client’s shareholder disclosed the payer company’s bank statements showing these transactions to a third party, this was a breach of confidence. Judgment available on Westlaw.

Charles Towl recently acted for the successful claimants in a will validity trial. The claimants sought to challenge their late mother’s will for lack of testamentary capacity, want of knowledge and approval, and want of formal validity. Relying upon the evidence of a testamentary witness that the deceased had not signed the will in her presence, the Judge found that the will was invalid for want of formal validity.

Jonathan Gale was in the Intellectual property and Enterprise Court, sitting in Birmingham (IPEC Small Claims Track) in a claim related to music copyright. As a talented musician himself, Jonathan was able to include music notation in his skeleton argument.

Ali Tabari and Harry Marriott acted as co-counsel in a two-day hearing to determine a number of applications in two related claims. HHJ Cadwallader, sitting as a High Court Judge in Liverpool, heard applications for strike-out and summary judgment from Ali and Harry, and granted five of their six applications together with costs orders, which served to reduce the value of the first claim by around half and the second claim by around 90%. The substantive matters are likely to be listed for trial in early 2027.

Iqbal Mohammed successfully obtained strike out on a defamation and harassment claim brought by a well-known Taekwan-Do practitioner against a former student who made a complaint about the teacher’s conduct. The early termination saved the Defendant cost, time and even the need to put in a defence. Read more here.

Natalie Kearney was successful in obtaining an unusual order for a second call on partners in relation to an insolvent unregistered partnership. She also recently advised in relation to a cross-border dispute concerning the approach in English law as to when a debt crystallises and the principles for setting aside statutory demands.

Ali Tabari also appeared for the QFCH respondent in an application to declare an administration appointment invalid on the grounds that (a) the floating charge relied on by Ali’s client was not enforceable and (b) the appointment was made for an improper purpose. The matter is listed for a 2-day final hearing in the Rolls Building in July 2026 and will likely require a reserved judgment.

PROPERTY

John Aldis successfully appealed the First Tier Tribunal’s dismissal of his direct access clients’ adverse possession application. Upper Tribunal Judge Cooke’s decision has general application to lawn maintenance as an act of factual possession; see (Dobson v Unsted [2026] UKUT 93 (LC)).

Amanprit Kaur acted for Deputies appointed under the Court of Protection in complex multi-track possession proceedings concerning an alleged beneficial interest in a residential property. The Defendant advanced claims in constructive trust and proprietary estoppel arising from a 1990s contribution and long-term occupation. The counterclaim was dismissed in full, with the Court finding the sum paid was a loan and insufficient to establish any beneficial interest.

Raghav Trivedi undertook his first mediation (as mediator) and acted in a claim for conversion of jewellery which raised legal issues around whether minors can have beneficial interest in or hold title to property. Raghav has also written an informative article on proprietary estoppel.

Anya Newman successfully obtained a final charging order with costs against land in satisfaction of a Liability Order granted by the Magistrates’ Court under the Community Infrastructure Levy Regulations 2010. Anya also successfully argued that the usual fixed costs regime ought not to apply.

INSOLVENCY

Kirsty White has advised and then represented a petitioning creditor in circumstances where, unknown to the creditor, the debtor had passed away prior to the petition being presented.  Kirsty provided advice in respect of The Administration of Insolvent Estates of Deceased Persons Order 1986.

NOTABLE DECISIONS

Commercial

Gilbert v Broadoak Private Finance Limited [2026] EWHC 153 (KB): Chabra jurisdiction does not extend to respondents abroad; the merits of the application cannot overcome a failure to satisfy the strictly applied jurisdictional tests for service out of the jurisdiction.

South Bank Hotel Management v Galliard Hotels [2026] EWCA Civ 56: s.21(1)(b) Limitation Act 1980 provides no limitation period where the claim is for the conversion of trust property to the defendant’s use. The Court of Appeal adopted a purposive approach meaning that the section could apply where the director dealt with company property in a manner which changed the legal state of that property so as to benefit another company which the director controlled, even if there was no transfer of title to the property.

THG Plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC 6: the UKSC confirmed that unfair prejudice petitions are not subject to the Limitation Act 1980. Please do look at Kirsty White‘s article on this important decision. 

AND FINALLY…

Counsel’s Corner

Eloise Marriott recommends lunch in Birmingham if you’re here for conferences or court. Her favourites include Habaneros for burritos, tacos and bowls; Top Falafel, for authentic falafel and halloumi wraps; and Anderson & Hill, for fine deli sandwiches.