Ian Clarke

Ian is ranked as a leading junior in both Chambers 2012 and the Legal 500 2011 for his expertise in both commercial and real estate litigation. He has been variously recommended in the directories for having a "good legal brain that he puts to good use on the really intellectually challenging cases" and for being "a bloody good barrister" who has "demonstrated his credentials in relation to property and insolvency over a period of years" with "excellent trial skills" and a "cerebral and knowledgeable" approach. 

Ian's reported cases and practice involve substantial commercial contractual disputes, issues of fraud, trusts, land, mortgages, insolvency, professional negligence (particularly that of solicitors and valuers) and wills and probate. Many of his cases involve complex questions of statutory and documentary construction, equitable remedies including injunctions, rectification and estoppels, real property rights and interests (including issues relating to mortgages and security), directors and trustees' rights and remedies (and beneficiaries' and shareholders' rights against them) and (often) within the context of an insolvency. Clients range from international corporations, banks and lending institutions and insurers to private individuals. To all these matters, Ian brings the practical, well-informed and responsive approach for which he is commended.

featured cases

In addition to the cases below, Ian's recent instructions include disputes concerning fraudulent misrepresentation on the sale of shares; the construction of commercial documents (including guarantees) and their rectification; the professional negligence of solicitors and valuers in relation to domestic transactions and commercial properties (including shopping and leisure centres); claims for the recovery of unlawful dividends, directors' loans and breaches of directors' duties; the construction of trusts and the contested removal of trustees; proceedings in relation to preferences, transactions at an undervalue and those under Insolvency Act 1986, s.423 (transactions defrauding creditors); challenges to trusts and agreements tainted by illegality; registered land and security over registered land, including issues of priority and indemnity, penalties and unconscionable bargains; boundary disputes; partnership dissolutions and accounts; forged wills and other testamentary documents; conflict of laws.

Capita Alternative Fund Services (Guernsey Ltd) (formely Royal & SunAlliance Trust (Channel Islands Ltd) v Driver Jonas (A firm) (Eder J.) [2011] EWHC 2336 (Comm)
Reported for the decision in relation to the subsequent claim for damages for professional negligence in connection with the valuation of a shopping centre, Ian secured the appointment of provisional liquidators at the outset of the litigation in order to preserve the commercial viability of the centre.

Belfairs Management Limited v Sutherland Ch.D (Norris J.) [2010] EWHC 2276 (Ch) 59
3 week trial concerning fraudulent misrepresentation on a sale of shares in a company. The claim against the vendor client was as to financial projections, treatment of work-in-progress and the feasibility of the underlying IT projects. Fraud claim was successfully defeated both on the alleged dishonesty of the representations and on the question of the purchaser's reliance.

Monem (A Bankrupt), Re (Norris J.) [2010] B.P.I.R. 1431
A case concerning equitable charges and locus standi in relation to appeal.

National Westminster Bank plc v Rushmer (Arnold J.) [2010] 2 F.L.R. 362 
R appealed the Master's decision on the basis that he wrongly failed to consider or give effect to Article 8. Held: that it would be ordinarily sufficient for the Court to consider the factors specified in TOLATA s. 15 and thus satisfy the Convention requirements; explicit reference to the Convention was not required.

Re: Ikin, deceased; sub nom Court v Despallieres (Arnold J.) [2010] 2 All E.R. 451
Successful revocation of a grant of letters of administration on the basis of the deceased's subsequent civil partnership and the will's failure to comply with section 18B(3) of the Wills Act 1837 (wills made in contemplation of a civil partnership). The only decision on this provision and the similar provision on section 18 (wills made in contemplation of marriage).

Re: Ikin, deceased; sub nom Court v Despallieres (2009) (Roth J.) 153 (38) S.J.L.B. 30 Application to vary a freezing and proprietary injunction to enable D to use estate monies to fund his defence to an on-going claim for revocation of probate on the basis that the will admitted was a forgery.

Invertec v De Mol (Arnold J.) [2009] EWHC 2471
A claim for fraudulent misrepresentation by the purchasers of the share capital of a private company; judgment successfully for obtained for £2.5million against the vendor and the vendor's director.

Julian Shelton Palmer (T/A Cotswold Stone Quarries) v David Ingram (Receiver of the assets of Michael Richard Stannard) [2009] EWCA Civ 947
Appeal against permission for the receiver to commence proceedings in the name of a dissolved Irish company, the assets of which had vested bona vacantia in the Irish Finance Minister. Issues included extent of state immunity in relation to property in which the state had an interest.

Jones v Firkin Flood Ch.D (Briggs J.) [2008] EWHC 2417 (Ch)
Trial of trustees' claim for court approval of a particular course of action and of the counterclaim for their removal and assorted declaratory relief. The Court directed independent counsel to represent the interests of the minors and unborn beneficiaries at trial (for which Ian was instructed)

First Independent Factors Limited v Mountford (Lewison J.) [2008] 2 B.C.L.C. 297
Trial of a claim under s. 217 of the Insolvency Act for the Claimant. Issues raised in defence included whether the claim assigned was assignable, the name concerned was prohibited and whether a defendant could rely on section 727 of the Companies Act 1985 to be relieved of liability. The answers - yes, yes, no - led to judgment for the Claimant.

Director of the Assets Recovery Agency v McCormack [2008] S.T.C. 1097
A court had jurisdiction to grant a freezing order with regards to the defendant's assets, as there was an existing cause of action due to the defendant's obligation to pay tax on income earned that arose under the Taxes Management Act 1970, ss. 7 and 8.

Churchill v First Independent Factors Limited CA [2007] B.C.C. 45; [2007] Bus.L.R 676
Representing respondent in opposition to a second appeal concerning the interpretation of IR 4.228. CA gave leave for the appeal because the case, the arguments and the subject matter (phoenix companies) were of public importance. Case involved presenting the provisions of the rule in the context of the underlying policy/evil that it was designed to prevent and justifying that interpretation in the modern context and changes in the ethos of corporate rescue. Appeal was dismissed and has required those involved in MBOs to consider their methodology and approach. The decision led to a prospective amendment to the Insolvency Rules.

Wren v Wren [2007] W.T.L.R. 531
Intestacy - application for a grant of administration and revocation of probate. A copy of the will was discovered in unusual circumstances and then lost; only a copy of the copy remained. Was the copy will genuine and could the Claimant rebut the presumption of revocation that arose on the missing will? Court pronounced for the copy of copy will.

Wester v Borland Ch.D (Norris J.) [2007] EWHC 2484
A trustee seeking to exercise a right of lien over trust property as an indemnity against future liability had the burden of demonstrating that there were substantial grounds for exercising the right and that he had taken all reasonable steps to ascertain his liability.

Neville (as administrator of Unigreg Limited) v. Krikorian CA [2007] B.C.L.C. 1
Appeal from a summary judgment determination against a director for loans taken by managing director. Whether one director could be jointly and severally liable for indebtedness of another director - Companies Act 1985, ss 330, 341.

Dadourian Group International Inc v Azuri Ltd [2006] W.T.L.R. 239
Freezing order made against a third party company, the shares of which were held on trust. Whether that trust was a sham and whether the Court should have regard to the substantive control of assets when making a freezing order. Whether a previous freezing order was ‘continued' or ‘not discharged'.

Re a Company, No.s 16 and 17 of 2005 [2005] All ER (D) 126
Application to restrain advertisement of a winding up petition and remove it from the court file. Whether the petition was an abuse of process.

Re Ci4net.com Inc [2005] B.C.C. 277
Article 3 of Council Regulation 1346; Centre of Main Interests of two foreign companies (USA and Jersey registered) in administration, for the purposes of winding up.

Firstdale Limited v Quinton (Comm Ct) [2005] 1 All ER 639
Claim form served on the defendant by an assignee of the cause of action. Whether the CPR required the claimant to serve the claim form on solicitors instructed by the defendant who had previously confirmed to the assignor that that they were able accept service.

Re A Company (No 6410 of 2004) LTL 19.11.04
Companies - Winding up petition - sufficiency of cross claim.

Re a company (No 196 of 2003) [2003] All E.R. (D) 450
Application by Secretary of State for appointment of provisional liquidator - Application for order restraining advertisement of winding up petition - Consideration of the various factors governing the appointment of a provision liquidator.

Simoes v Fox Run Holdings Ltd [2003] All E.R. (D) 357
Claim by a neighbouring tenant against his lessor and a neighbouring lessee of the lessor. Use of a ground floor room for storage above a basement restaurant in Beauchamp Place, SW3. Breach of covenant for quiet enjoyment and nuisance causing loss of business custom and damages.

Cohen v Selby [2002] B.C.C. 82 (CA)
Successful defence of a director in misfeasance proceedings brought by a liquidator in relation to some stoplen diamonds.

Howard v Kinvena Homes Ltd  CA (2000) 32 H.L.R. 541 (CA)
Construction of a pitch agreement in realtion to a mobile homes site.