Zoë Barton

Zoë's practice combines advisory work with regular advocacy, including for interim injunctive relief, in both the High Court and County Court in all areas of Commercial Chancery work. 

Zoë's commercial instructions typically arise in significant disputes raising issues of fraud, trusts and insolvency both in the context of land transactions and otherwise and she has been instructed by companies, individuals and even a sovereign state in this commercial context.  In the context of land, Zoë is regularly briefed by those with significant land portfolios such as Network Rail on both real property matters, such as adverse possession, and landlord & tenant matters; she also regularly appears on behalf of institutional lenders in recovery claims against borrowers and related professional negligence actions against solicitors and valuers.

Zoë also maintains a traditional chancery practice concentrating on contentious probate and breach of trust claims and advisory work concerning the effect of wills and often their variation.  In this regard, she is instructed by both beneficiaries and trustees, including on behalf of charities.

Zoë adopts a pragmatic and responsive approach to her clients' disputes and is undaunted by cases that raise novel issues or require a creative strategy to be employed.  This combined with her ability to present her thoughts in clear advice which can be readily understood is much appreciated by both her lay and professional clients.

featured cases

Janmohamed v Papa John's (GB) Ltd & anor (2012) Central London County Court (HHJ Dight) 
Acted for the Landlord in strike-out of a Tenant's lease renewal claim where the Landlord had served two s.25 notices.  The issue was whether the second notice extended the time for the Tenant to bring his claim to the date therein.

Twinmar Holdings Limited v Klarius UK Limited (2012) Ch.D. 
Sucessful application for interim payment in respect of a dilapidations claim concerning commercial premises affected by the Buncefield oil depot explosion.

McCarthy v Maccabee (2012) Adjudicator to HMLR (Owen Rhys) 
Acted for the registered proprietors of land in respect of an allegation that the transfer from the former registered proprietor was a forgery by a third party; suitablility of relief sought; whether former registered proprietor ever more than bare trustee or nominee.

Lipman v Carson (2011) Central London County Court 
Acted for tenant of commercial premises in a claim for rectification of a lease to include rent review provisions on the basis of unilateral mistake.

Skymede Enterprises Limited v Hussain (2011) Leicester County Court (HHJ Hampton) 
Successfully claimed possession of commerical premises which had been let without any express forfeiture clause.

Adverse possession (2011):  Acting for Network Rail in respect of unregistered land consisting of a former railway line which was subject to a claim for adverse possession.

Probate (2011): Advising and settling proceedings for executor named in last will of deceased where executor of preceding will challenged validity of last will on grounds of mental capacity. 

Clue Finance v Transglobal Holdings & anor (2011) Central London County Court 
Instructed on behalf of Panamanian company seeking to enforce a charge securing in excess of £3m; issues raised include ostensible and apparent authority, collateral contracts, estoppel, illegality and identity of beneficial owners.

Sale of charity land (2011): Advising an evangelical church in respect of the proposed sale of plots of unregistered and registered land and its subsequent winding-up; validity of Deeds of Appointment and Retirement; s.36 Charities Act 1993. 

Network Rail v Persons Unknown & ors (2011) Ch. D 
Possession order obtained for the site of the former seOne nightclub beneath London Bridge train station on short notice in the High Court, which site was being used for unlicensed raves.

Kalra v Kalra (2011) Central London County Court (HHJ Dight) 
Beneficial ownership and proprietary estoppel dispute concerning a multi-generational family home which had from time to time been subject to both express declarations of trust and also representations as to beneficial ownership; compromised before trial.

Administration (2011): Acting on behalf of a number of charities who are the residuary beneficiaries of an estate in an application for substitution of the executor.

Commercial Acceptances Ltd v Quinn (2011) Ch.D. (Briggs J.) 
Approach of the Court to multiple applications to suspend execution of warrants for possession pursuant to s.36 of Adminstration of Justice Act 1970 in respect of a bridging loan - applicant subject to a limited civil restraint order.

Contentious probate (2011): Advised the next-of-kin in respect of a challenge to the will of Mauritian French-speaker on the grounds of want of knowledge and approval and undue influence.

Gousevni v Lideikis & anr (2011) Ch.D. 
Security for costs - claimant resident in Azerbaijan.

Rent Review (2011): Advising Network Rail on the merits of an appeal against a rent review arbitration award.

Mortgage Trust Limited v Levi & Co (2011) Ch.D.
Zoë and Hugh Jackson were briefed to appear for the Claimant in a claim against a firm of solicitors for breach of fiduciary duty, breach of retainer and negligence arising out of conveyancing transactions featuring a 'gifted deposit' provided by the vendor developer of the properties; the claim settled shortly before trial.

Zadmehr v the Estate of Roy Budden (deceased) & ors (2011) Central London County Court (HHJ Cowell).
Successful summary judgment against a defendant seeking to set aside a transaction for the sale of a freehold interest on the grounds of undue influence.

Variation of Trust (2011): Advising trustees in respect of an application to vary trusts, which by virtue of the way in which they were drafted are difficult and expensive to adminsiter, the beneficiaries of which include a minor.

Abela v Persons Unknown & ors (2011) Ch. D 
In this widely publicised squat of a multi-million pound property in Highgate, Zoë advised on how, and was briefed to, obtain possession in the High Court within 72 hours of instructions in order to prevent feared public disorder, following advertisment of a planned party on social media and leaflets (http://www.dailymail.co.uk/news/article-1344634/Latvian-squatter-Britain-easy-touch-ends-10m-mansion.html)

Professional Negligence (2010-11):  Acting for Heritable Bank plc in a number of claims arising out of contracts for the sale of land against purchasers who failed to complete and associated professional negligence proceedings against solicitors.

Royal Bank of Scotland v Bloor (2010) QBD.
Application of Miles v Bull. Resisted summary judgment on a money claim founded on a guarantee on the basis that there was prima facie evidence of fraud on the part of the claimant in respect of related agreements which required the further investigation of the court and a reasonable prospect of succeeding on a defence of duress.

Arbitration (2010): Instructed pre-arbitration with Jeremy Cousins QC to advise a solicitor whose insurers sought to withdraw cover on an assertion that the solicitor condoned a fraudulent conveyancing transaction.

Muchoki v Brooks (2010) QBD.
Strike out of fraudulent misrepresentation claim brought against director of a company - no reasonable grounds for bringing claim - abuse of court's process.

Maccabee v Maccabee (2010) Central London County Court (HHJ Mitchell).
Successful claim for possession of a residential flat in a mixed-use development resisted by the estate of the deceased occupier - allegations that title vested in the Claimants by virtue of a fraudulent transfer - s.58 of the Land Registration Act 2002 - Interim and final injunctive relief in respect of interference with rental income from the development by Defendant.

Jones v Carroll (2010) Ch. D (Morgan J.)
Appeal - successfully resisted appeal on behalf of a wife of a bankrupt in a dispute with his trustee in bankruptcy as to whether a charge in favour of the wife's father should have been taken into account when calculating the trustee's share in the proceeds of sale of a property - whether the charge was a sham intended to deprive the creditors.

De Durfort v Hudson (2010) Central London County Court
Injunctive proceedings by lessee against freeholder to prevent construction of building at ground floor over demised lower ground floor patio - trespass to airspace and derogation from grant - successfully compromised.

Fraudulent misrepresentation (2010): Advised in respect of a claim arising from the sale and purchase of a partnership's business.

Salehabady v Bright House Homes (2010) Ch. D. (Floyd J.)
Appeal - set aside of statutory demand - whether notice to complete validly served and deposit forfeit - whether engrossed licence to assign sufficient evidence of landlord's consent.

Andresen v Lovell QBD (Eady J.) [2009] EWHC 3397 and LTL 4/1/2010 

Section 3 of the Protection from Harassment Act 1997 - locus standi to bring claim - allegations posted on websites - strike-out - duty of full and frank disclosure at ex parte injunction.

Al-Sami v Lewis (2009) QBD.
Strike out of part of landlord's claim - abuse of court's process - rule in Henderson v Henderson. 

Landlord and Tenant breach of covenant for quiet enjoyment: Zoë is instructed by a tenant in a dispute with a former landlord which concerns a contention that the landlord purposefully drove out his tenant shortly after the grant of a lease for a substantial premium.