Chris
de Beneducci

Chris’ practice spans almost all aspects of property litigation.

In the commercial and residential landlord and tenant sphere, he covers service charge disputes, break notices, recovery of rent arrears; other breaches of covenant (including dilapidations, alterations, and sub-letting) claims relating to the renewal of business tenancies under the Landlord and Tenant Act 1954; forfeiture (and relief from forfeiture); claims for collective enfranchisement and lease extension; and claims engaging the right of first refusal under the Landlord and Tenant Act 1987.

In addition, Chris acts for homeowners on disputes relating to boundaries and easements (including rights of way). Having appeared for the successful party in the leading case of P&P Property Ltd v. Owen White and Catlin LLP & anor [2018] EWCA Civ 1082. Chris is also regularly instructed on title/impostor fraud cases.

In the co-ownership/contested beneficial ownership context, Chris regularly deals with applications for orders for sale (and other relief) under the Trusts of Land and Appointment of Trustees Act 1996. Such claims often also raise issues relating to constructive trusts and proprietary estoppel.

Acting for or against developers, Chris will advise on the effect of restrictive covenants and the proper interpretation of agreements and other instruments. Acting for or against secured lenders, Chris’ cases involve mortgage technicalities (such as the proper execution of deeds) and statutory regulation under the Consumer Credit Act 1974.

Finally, Chris often obtains interim and final charging orders against property for judgment debtors, as well as vesting orders where real estate has fallen within the “bona vacantia” provisions upon (for instance) the dissolution of a company.

Current and recent instructions include:

• Rent Arrears (& Unjust Enrichment): Bank of New York Mellon (International) Ltd v. Cine-UK Ltd [2022] EWCA Civ 1021. A two-day appeal in which the tenant sought to avoid liability for rent falling due at times when it was illegal to open the subject cinema premises due to Covid-19 “lockdown” regulations. Led by Nicholas Trompeter KC for the successful landlord.
• Impostor/Title Fraud: P&P Property Ltd v. Owen White and Catlin LLP & anor [2018] EWCA Civ 1082. A four-day appeal concerning the liability of solicitors and estate agents where a property has been sold by a fraudster impersonating the true owner. Led by Gary Blaker KC for the successful purchaser.
• Forfeiture: Boor v. Atlas Property Investment. A three-day trial before HHJ Backhouse, where Chris successfully secured the forfeiture of a lease on the basis of “immoral use” (where the tenants had used the property as a brothel).
• Secured Lending (Mortgage Technicalities): MT Finance v. Nicholls & Adey. A two-day trial before HHJ Tindal, in which Chris successfully persuaded the Judge that a mortgage deed had been invalidly executed (because the signature page had been substituted from a previous draft) and was therefore unenforceable – with the result that Chris’ clients were not evicted.
• Secured Lending (Consumer Credit Act 1974): Alexander v. Simpson. A two-day trial where Chris acted for the successful lender, persuading HHJ Simpkiss that a bridging loan had been obtained by the borrower for business purposes (therefore falling outside the main provisions of the CCA 1974 and FSMA 2000 regime) and did not give rise to an “unfair relationship” between the parties.
• Services Charges: Newland v. CPG (SW) Ltd. A two-day hearing before a three-judge panel in the First-Tier Tribunal, to determine whether certain service charges were payable in respect of a converted mill in Devon.
• Costs: Mannatt v. Coral. In a one-day appeal before HHJ Luba KC, Chris overturned the first instance finding that the Defendant had not “behaved unreasonably” – thereby significantly enhancing the costs award in his client’s favour.
• Beneficial Interests/Common Intention Constructive Trusts: Morgan & Rimes v. Mason. A three-day trial before Recorder Blohm KC, concerning the question whether the occupant of a property was its beneficial owner or merely a tenant of the registered legal owner.

Chris has developed a broad practice in the private client field. He is instructed to advise, draft, or appear in Court from pre-action through to trial and appeal. He also firmly believes in the benefit of mediation in this context.

Chris regularly deals challenges to the validity of wills (for lack of capacity, incorrect execution, want of knowledge or approval, undue influence, or even forgery and fraud), claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, and allegations of financial abuse of the elderly (often involving the misuse of powers of attorney).

Chris can assist with “passing over” applications under s.116 of the Senior Courts Act 1981 and with applications to remove trustees or executors under s.36 of the Trustee Act 1925 and s.50 of the Administration of Justice Act 1985 respectively. He is comfortable dealing with caveats, warnings, appearances, and summonses in the Probate Registry; in the High Court, he has successfully sought “put up or shut up” orders on behalf of executors.

Chris is experienced in dealing with Public Trustee v. Cooper “blessing” applications, with claims for the provision of (or approval of) accounts, with claims against personal representatives for devastavit or other failings in the administration of the estate, and with claims against trustees for breach of trust.

Chris also deals with claims for rectification of wills under s.20 of the Administration of Justice Act 1982 (as well as “disappointed beneficiary” claims brought in respect of negligent will-drafting).

Chris is a co-author of “Drafting Trusts and Will Trusts: A Modern Approach” (Sweet & Maxwell; 15th ed.), forming part of an editorial team led by James Kessler KC.  He also contributed the “Claims Against Professionals” chapter to the Contentious Estates course run by the Society of Trusts and Estates Practitioners (STEP)”.

Current and recent instructions include:

• Claim for Revocation of Letters of Administration: Dawson v. Dawson. A three-day trial before HHJ Saffman, in which Chris successfully persuaded the Judge to revoke letters of administration which had been granted to the defendants and to propound a disputed will in solemn form. The trial involved expert evidence from a well-known forensic document examiner on the question of whether the deceased had in fact signed the will.
• Challenge to Validity of Will (Lack of Capacity; Want of Knowledge & Approval): Wooller v. Wooller. A three-day trial before HH Patrick Moloney QC, in which Chris successfully represented the claimant in setting aside his mother’s will on the grounds of lack of testamentary capacity and want of knowledge and approval. The trial involved contested expert evidence from prominent Oxbridge clinical academic on both sides.
• 1975 Act (Financial Provision for Adult Child): Clifton v. Clifton. A three-day trial before DJ Troy, in which Chris successfully obtained an award in favour of his client (claiming as an adult child under s.1(1)(c) of the Act), where she had been entirely omitted from her father’s will.

Insolvency work has always formed an important part of Chris’ practice, spanning from bankruptcy and winding up petitions to director disqualification proceedings (typically instructed by the Insolvency Service as part of Chris’ work on the Attorney General’s C Panel).

Chris regularly advises on preferences and transactions at an undervalue or defrauding creditors, often in the context of an overdrawn director’s loan account. He recently appeared in a two-day trial in the High Court before Raquel Agnello KC defending an alleged transaction at an undervalue on the basis that the property in question was actually subject to a common intention constructive trust.

Chris has experience of many different types of application in the insolvency context, from seeking injunctions to prevent the advertisement of petitions, to obtaining validation orders under s.127 of the Insolvency Act 1986, to seeking the annulment of bankruptcies (or the suspension of a discharge from bankruptcy).

Chris has specialised in professional negligence work since pupillage. He deals with negligence involving a wide variety of professionals, including solicitors, surveyors, insurance brokers, and estate agents.

Conveyancing fraud is a particular area of expertise for Chris. In 2018 Chris appeared (with Gary Blaker KC) in P&P Property Ltd v. Owen White and Catlin LLP & anor [2018] EWCA Civ 1082, the leading case on solicitors’ liability where a property has been sold by a fraudster impersonating the true owner. Following his client’s success in P&P Property Ltd, Chris is now regularly instructed to provide advice in high-value property identity fraud claims.

Professional negligence claims by “disappointed beneficiaries” form a natural overlap with Chris’ private client work. Chris contributed the “Claims Against Professionals” chapter to the Contentious Estates course run by the Society of Trusts and Estates Practitioners (STEP).

Current and recent instructions include:

• Property Impostor/Title Fraud: Various. Chris is a go-to counsel for these matters, which involve a fraudster posing as the owner of a property, purporting to sell the property, and then disappearing with the sale proceeds – before the con is realised days, weeks, or months down the line. Chris’ clients span a broad social and commercial range, from major high street banks to property developers, one of Israel’s most successful businessmen, and parents helping their children on to the housing ladder. Chris is well versed in advising on the intricacies of property fraud claims, including whether the fraudster’s solicitors will be able to secure relief under s.61 of the Trustee Act 1925.
• Conveyancing Negligence: LS v. ABC Law Limited. Chris successfully recovered damages (and secured an alteration at the Land Registry) for a client whose conveyancers failed to advise him that (i) the lease plan in respect of the flat which he was purchasing did not correspond with the registered title plan and (ii) the ground rent escalation provisions in the lease (pursuant to which the annual “rent” doubled every 10 years) would materially affect the value/saleability of the Flat and make the process of extending the lease significantly more expensive.
• Negligent Survey: TS v. DEF Chartered Surveyors (A Firm). Chris successfully recovered damages for a client whose surveyor had failed to exercise reasonable care and skill in assessing the construction of an extension (which had solid, uninsulated walls affected by penetrating damp and had been built on top of inaccessible grey water and sewage pipes).
• Negligent Tenant Checks: JO v. GHI Estate Agents Limited. Chris advised on prospects of success in relation to an allegation that estate agents had failed to exercise reasonable care and skill when undertaking background checks in the course of introducing “fully referenced” tenants to a landlord.
• Negligent Will Drafting: EP v. JKL Solicitors. Chris is engaged in ongoing proceedings brought by “disappointed beneficiaries” who allege that they have suffered loss as a result of the will-drafting firm failing to understand (or to properly take) the testator’s instructions in respect of a specific asset.

• But I Want To Be Executor! Passing-Over Applications And The Question Of Court Vs The Probate Registry? (irwinmitchell.com)
• Drafting Trusts and Will Trusts 

• Reeves v. Drew [2024] EWHC 641 (Ch)
• Bank of New York Mellon (International) Ltd v. Cine-UK Ltd [2022] EWCA Civ 1021
• P&P Property Ltd v. Owen White & Catlin LLP [2018] EWCA Civ 1082

“Chris de Beneducci is excellent. He goes above and beyond for his clients. He has excellent presentation skills in both his drafting and his advocacy in court. I would highly recommend Chris.”  Chambers & Partners High Net Worth Guide 2024