Introduction
Raghav Trivedi is a popular and active member of Chambers specialising in Business & Property work with a particular emphasis on Wills, Trusts and Probate and Real Estate Litigation. He holds a particular strength in solving difficult problems, and is regularly instructed, in matters dealing with unique and complex relationships between the parties including such cases involving claims of proprietary estoppel, clogs on the equity of redemption and constructive and resulting trusts. He is often instructed to resolve such difficult problems at mediation and has been very successful in achieving satisfying outcomes for his clients outside of Court.
Raghav holds a First-Class Honours Law Degree, a Very Competent on the BPTC (with a number of Outstanding Grades including in Commercial Litigation) and a Distinction in his Masters on International Commercial Law (for which he secured a scholarship). He intends to study for his PhD part-time in the future alongside his practice. As a result of his dedication to study, Raghav also takes on cases within his field involving complex elements of private international law and cross-border issues.
Notably, Raghav has been instructed as junior counsel on a high-value company and partnership dispute as well as a large-scale professional negligence claim involving land agents and a solicitors’ firm. This is in addition to Raghav’s strong development of an appellate practice where he has, on more than one occasion, appeared as sole Counsel in the Court of Appeal in matters involving the relationship between Enforcement Agents, High Court Enforcement Officers and Creditors.
Raghav regularly holds seminars, and produces articles, to assist his clientele in matters ranging from ways to protect his clients from claims of adverse possession and prescriptive easements to the interplay between resulting trusts and mortgages and the principles of jurisdiction, law and enforcement where real estate is located abroad. Many of Raghav’s webinars and articles for the Business and Property Group can be found on St Philips Chambers’ YouTube channel and on his LinkedIn page.
Before joining the Bar, Raghav gained a significant amount of advocacy experience as a County Court Advocate for a leading advocacy agency by conducting thousands of hearings across County Courts in the UK. Not only did this enhance Raghav’s advocacy but provided him with invaluable knowledge of civil procedure and civil and commercial law, putting him ahead of his peer group.
In his spare time, Raghav is an active and enthusiastic cricketer and his calm and collected demeanour is reflected in his passion for long walks and hikes, his love for nature, travelling to scenic destinations and reading literature and philosophy.
Contentious Wills, Trusts, and Probate
Raghav frequently acts in claims involving constructive and resulting trusts, including TOLATA claims, as well as advising on claims involving challenges to wills. Raghav has dealt with numerous cases involving proprietary estoppel, and recent work includes advising on the effect and legitimacy of a mutual will, the application of the Inheritance (Provision for Family and Dependents) Act 1975 and seeking various orders for possession involving disputes surrounding beneficial interests.
Real Estate
Raghav is consistently instructed on commercial and residential possession claims, taking a particular expertise in Section 8 and Section 21 possession claims as well as trespass matters. Raghav also enjoys dealing with boundary disputes, forfeiture, prescription, and easement claims. Raghav is particularly experienced in drafting statements of case, applications, and witness statements in this area of the law.
Raghav also completed a secondment with a top solicitors’ firm Gowling WLG in their Real Estate Litigation Department. This provided Raghav with a thorough grounding in commercial and residential property litigation, working on matters including:
- Promotion and Option agreements;
- Overage agreements;
- Application and interpretation of positive and restrictive covenants and easements within commercial leases;
- Wayleave agreements;
- Rights to light, mines and minerals;
- Adverse possession;
- Perpetuities;
- Mortgages and Charges;
- Profits à Prendre; and
- Leasehold and freehold covenants.
Commercial and Chancery Litigation
Raghav deals with debt recovery claims, alongside breach of contract and agency disputes. This includes issues surrounding incorporation of terms, penalty clauses, termination, construction of terms, exclusion, and limitation clauses, UCTA 1977 matters and misrepresentation. Raghav has also developed a grounding in matters involving a commercial conflict of laws.
Raghav also has a thriving practice in dealing with tortious matters including negligence, trespass, and nuisance.
Enforcement and Business Rates
Raghav has a particular expertise in dealing with enforcement applications such as Charging Orders and Orders for Sale as well as matters involving the actions of Enforcement Agents and High Court Enforcement Officers.
Raghav also regularly deals with matters involving business rates liabilities.
Raghav has, on more than one occasion, appeared as sole Counsel in the Court of Appeal in matters involving the relationship between Enforcement Agents, High Court Enforcement Officers and Creditors. As a result, he has developed a thorough grounding in the complex law involved in this area particularly the operation and statutory interpretation of Schedule 12 Tribunals Courts and Enforcement Act 2007, warrants and writs of control and the role played by vicarious liability, agency and assumption of responsibility in this area of law.
Education
First Class Honours (LLB Law, University of Kent, Canterbury)
Very Competent (BPTC, Nottingham Law School)
LLM Masters in International Commercial Law – Distinction (University of Birmingham)
Appointments and Memberships
The Honourable Society of the Inner Temple – Call to the Bar 2014
Chancery Bar Association
The Commercial Bar Association (COMBAR)
The Property Bar Association
Midland Chancery
Commercial Bar Association
Commercial Bar Association
Languages
English
Gujarati
