"Very bright and very thorough. His advice is always comprehensive and well considered."
Legal 500 2022
Michael practises in Property & Estates and Commercial law, appearing in the High Court, County Court and other tribunals, acting in mediations and doing advisory and drafting work in a wide range of cases in these areas, and has done so since 2008.
He more recently expanded his practice to include the related field of Property and Affairs work in the Court of Protection.
In these fields, Michael has expertise in the areas listed under the headings below (see Real Property; Landlord and Tenant; Inheritance, Wills, Probate and Estates; Trusts), and also has experience in other areas, including common land and rights of common, manorial rights, public rights of way and property/estates-related aspects of banking and insolvency.
Michael appears in hearings (and has acted in a number of reported or cited cases) in courts and tribunals across South West England and South Wales, as well as in London and further afield, including:
He also represents clients in mediations, as well as conducting negotiations and conferences and undertaking advisory and drafting work in all of the areas mentioned here.
Most areas of real property, including:
Adverse possession and title to land
Boundary disputes and party walls
Easements (rights of way and other rights)
Restrictive and other land covenants
Conveyances, estate contracts, options
Land registration and land charges
Constructive and resulting trusts of land
Proprietary estoppel
Co-ownership and rights of cohabitees
Mortgages and charges (including possession)
Trespass, nuisance and other property torts
Protection from harassment
Some notable recent cases in these areas:
Most areas of landlord and tenant, including:
Residential and commercial tenancies
Common law and statutory regulation
Assignment and interpretation of leases
Breach of covenant and unlawful eviction
Termination of leases (including possession)
Forfeiture and relief against forfeiture
Service charges and dilapidations
Lease enfranchisement and extension, RTM
Business tenancy renewals
Tenancy deposit schemes
Licences and tenancies at will
Social housing, ASBIs, contempt of court
Some notable recent cases in these areas:
Most areas under these headings, including:
Interpretation of wills
Formal and substantive validity of wills (formalities, testamentary capacity, knowledge and approval, undue influence, fraudulent calumny)
Family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 (including adult children, spouses and dependants)
Appointment, removal and substitution of personal representatives
Duties and powers of personal representatives
Issues arising in the administration of estates
Applications to the court for directions
Contentious and non-contentious probate
Some recent notable cases in these areas:
Most areas of trusts law, including:
Validity, interpretation, variation and administration of trusts
Appointment, removal and substitution of trustees
Duties and powers of trustees
Rights of beneficiaries
Breach of trust disputes
Express, constructive and resulting trusts of land and chattels
Discretionary trusts and powers of appointment
Some recent notable cases in these areas:
In the commercial field, Michael undertakes both court work and advisory and drafting work in cases involving general contractual disputes and a wide range of contractual issues.
Michael's court work in this field includes multi-track and fast track trials, as well as interim and other hearings, in local courts and those further afield.
Recently, he has dealt with cases involving issues such as:
Agency
Assignment and novation
Misrepresentation and mistake
Duress and undue influence
Sale of goods and supply of services
Various problems with commercial leases
Guarantees of leases and other contracts
Various banking matters
Mortgages and charges
Possession claims
Charging orders
Orders for sale
Third party debt orders
Interpleader
As a cross-over with his Property practice, he also has particular expertise in matters concerning mortgages and charges and commercial leases (as to which, see headings above).
Michael's practice also includes Property and Affairs work in the Court of Protection. His established property, trusts and estates practice has previously included matters of capacity, powers of attorney and suchlike, and he is now expanding his work in these areas.
A selection of reported, notable and recent cases - in property and estates and commercial law - in which Michael has been instructed:
Davis v Lewis REF/2016/0036, [2017] UKFTT 0181 (PC)
N v N (Sep-Oct 2016)
P v A (Jul-Sep 2016)
S v S (Jan-Mar 2016)
Pendra Loweth Management Ltd v North (2013-15)
Day v Shaw [2014] EWHC 36 (Ch), [2014] 2 P & CR D1, [2014] All ER (D) 120 (Jan)
Chancery, Probate and Tax
‘Very bright and very thorough. His advice is always comprehensive and well considered.’
Tier 2
Property and Construction
Tier 2
Chancery, Probate and Tax
‘His calm demeanour belies his strong intellect and dogged tenacity.’
Property and Construction
‘He provides extremely in-depth advice and leaves no stone unturned.’
Property
"Provides extremely in-depth advice and leaves no stone unturned."
Property
His practice includes manorial rights matters, boundary disputes and rights of common.
For further information and enquiries please contact:
Property & Estates: Joe Stayte, Stephen Arnold or Jordan Yandell
Commercial: Joe Stayte, Stephen Arnold or Jordan Yandell
Court of Protection: Stephen Arnold or Olive Kavanagh