Ian Clarke

Rated again in Chambers 2008 as a leading junior for real estate litigation (“a bloody good barrister” who has “demonstrated his credentials in relation to property and insolvency over a period of years”) on top of commendations in 2007 for his “excellent trial skills” and for his “cerebral and knowledgeable” approach , Ian’s practice has always been at the commercial end of chancery work, covering disputes within the business and commercial environment and involving companies, partnership, land, mortgages, insolvency and trusts in particular, as well as including more traditional areas such as wills and probate. He is commended for his practical, well-informed and responsive approach. Ian sits part-time as a Deputy Adjudicator to Her Majesty's Land Registry and has acted as an expert on English law in foreign proceedings.

Year of Call: 1990, Lincoln’s Inn (Hardwicke Scholar).

Professional memberships: Chancery Bar Association; Property Bar Association; Professional Negligence Bar Association; Fellow, Chartered Institute of Arbitrators;
Insolvency Lawyers' Association; Member, Association of Contentious Trust & Probate Specialists

Recent and reported cases:

In addition to the cases below, Ian’s more recent cases include disputes concerning fraudulent misrepresentation on the sale of shares; shareholders’ disputes and share valuation under Companies Act 1985, s. 459; claims for the recovery of unlawful dividends, directors’ loans and breaches of directors’ duties; the construction of trusts and the contested removal of trustees; relief from forfeiture of chattels; 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; mortgage redemption actions raising questions of penalties and unconscionable bargains; boundary disputes; partnership dissolutions and accounts.

First Independent Factors Limited v Mountford, Lewison J. Ch. D (LTL 2.5.08)
(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)

Churchill v First Independent Factors Limited CA [2007] BCC 45
(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 Ch [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)

Neville (as administrator of Unigreg Limited) v. Krikorian CA [2006] All ER (D) 23
(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 Ch [2006] WTLR 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 Ch [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] BCC 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 [2005] 1 All ER 639 (Comm Ct)
(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); Ch, LTL 19.11.04
(Companies – Winding up petition – sufficiency of cross claim)

Re a company (No 196 of 2003) Ch [2003] All ER (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 Ch [2003] All ER (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)

Publications:

Wolstenholme & Cherry’s Annotated Land Registration Act 2002 (2003, Sweet & Maxwell);

Co-author: Cousins on the Law of Mortgages (2001, 2nd ed, Sweet & Maxwell).

Email: ian.clarke@selbornechambers.co.uk