Duncan Richards

Called: 2007

Inn: Inner Temple

 

 

Email: clerks@1ec.co.uk

 

 

 

 

Summary

 

Duncan has a traditional chancery practice with a focus on Equity and trusts, contentious probate, trusts of land and property law. Duncan regularly appears in both the High Court and County Court as well as both Tiers of the Land Tribunal, the Court of Protection and has advised clients in Court of Appeal cases.


Duncan has previously worked on secondment in a private client team in a London firm and also as sole in-house Counsel to a leading London property and asset management company, advising on all aspects of commercial lease acquisitions, renewal and termination across the country, as well as trusts and trusts of land issues. Duncan also has extensive experience in related non-contentious work including Deed drafting, rent reviews, lease extensions and negotiations.

 

 

Associations

 

Property Bar Association

Chancery Bar Association

2010 - present

2010 - present

Practice Areas

 

Duncan’s practice covers:

Equity and trusts:

•    Co-ownership of land
•    TOLATA claims
•    Contentious probate 
•    Constructive and resulting trusts 
•    I (PFD) 1975 Act claims
•    Contested registration of LPA’s & EPA’s
•     Mental Capacity, Court of Protection claims
•    Trustees' powers, appointment and removal
•    Breach of fiduciary duties
•    Deeds of Variation, rectification

Property Law:

•    Boundary disputes, easements and rights of way
•    All aspects of landlord and tenant, commercial and residential
•    Lease variation, leasehold enfranchisement 
•    Restrictive covenants, easements and rights of way
•    Commercial leases, renewal, forfeiture and related applications
•    Commercial rent reviews
•    Possession proceedings, mortgagee possession                
•    Enforcement orders, sale for land and charging orders
•    Right to manage and all other work of the Lands Tribunal

 

 

Commercial, Banking and Finance:

 

  • All aspects of PPI claims, acting for banks and for individuals. has acted for Sainsburys Bank [Instructed by Womble Bond Dickinson] in a High Court matter concerning construction and fraud.

  • Loans, guarantees, breach of fiduciary duties.

  • Consumer credit disputes including debt and asset recovery, assignment of debt and unfair relationships - CCA 1974.

  • Acting for and against Mortgage companies, mortgage disputes, guarantees, Receivers.

Skills & Interests

 

Duncan is a keen amateur landscape photographer.


He holds a full international skydiving Licence granted by the USPA.


Duncan enjoys the academic side of the law, he is an advocacy trainer for his Inn and has previously taught on the LL.B programme at Queen Mary, University of London.

Education

 

LL.B (Hons) Queen Mary and Westfield College, University of London

 

LLM, King's College, University of London

 

Sunley Prize (Inner Temple)

 

Notable Cases

 

PL v LH- [2021], Advising a QC and part-time Judge- late discovery of Will- revocation of grant of probate- 1975 Act claim- delay- costs, ongoing.


CB & JC v JB & SB [2019-2021], Chancery Division- Trustee dispute concerning portfolio of properties, £3.5 million- breach of trust- certainty of terms- failure to account- wilful default- misappropriations- TOLATA- breach of trustees duties - favourable settlement reached.


FK v EK [2020], Chancery Division -1975 Act claim- adult child- physical impairment- trusts of land, advising, favourable settlement reached at mediation.


B v M [2020], Chancery Division successful application for removal of executor- representing family member of Solicitor.


DM & Ors [2020], Advising trustees - trustee duties- disclosure- allegations of undue influence- capacity- knowledge and approval- application to Court for directions- Beddoe application, ongoing.


GO v JO [2019], Central London CC, co-ownership, advanced contributions - constructive trusts- family trusts - challenge to Estate Accounts - expert evidence, ongoing. 


B v W [2019], Central London CC - TCL- Successful defence at trial in building dispute, claim discontinued upon conclusion of the Claimant's evidence. 


SH v PB [2019], Chancery Division - advising- trusts dispute- multi-jurisdictional element [Bahamas] - - late discovery of trust evidence- costs.


C v K [2019], Brentford CC - Proprietary estoppel- constructive trust- restrictions- application to set aside/ vary- Deed of trust - finality


Kamouna v Sainsburys Bank Plc [2018], Queen's Bench Division, commercial litigation relating to FISMA rules, application for summary judgment, security for costs and part 18 requests.


Zidi v Bayley [2018], Guildford CC, Defending IPFTA 1975 Act claim successfully, common intention constructive trust, jurisdictional enforcement of trusts issue (Morocco).


Re Ivor Thomas will trust [2017], Chancery Division, successful construction summons, issues of will construction whether gift vested, whether trust properly constituted.


Kaneria v Kaneria & Guidezone Ltd [30th July 2015] EWHC Ch D (Companies Court), reported on Lawtel, junior to Duncan Macpherson in successfully defending a multi-million shareholder dispute involving unfair prejudice, breach of trust, undue influence and mistake.


Amadeus IT Group SA v Lycamobile UK Limited [2015] EWHC 677 (Comm), Summary judgment application in a £1.5million IT contractual dispute.
Miro LLC vs Rach& Ors [2015] EWHC QBD, International contractual and guarantee case concerning property investments in the US.

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