Ian Clarke

Ian is rated again in Chambers 2010 as a leading junior for real estate litigation. He has in the last few years been variously recommended 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.

These skills are deployed in his practice which 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 also 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.

Re: Ikin, deceased; sub nom Court v Despallieres [2009] EWHC 3340 (Arnold J) 17.12.09
(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) 153(38) S.J.L.B. 30 (Roth J)
(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 [2009] EWHC 2471 (Arnold J)
(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), 27.7.09, Court of Appeal
(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 [2008] EWHC 2417 (Ch D). Briggs J.
(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 [2008] 2 BCLC 297; Lewison J.
(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