Year of Call: 2001

Profile

Adam practices in all areas of commercial chancery law, with a particular emphasis on property and trusts work. He is often instructed in matters raising issues in more than one of these fields. Adam has appeared in tribunals at all levels from the county courts to the House of Lords; and has acted in disputes litigated outside this jurisdiction, in particular in the BVI and Hong Kong.

Adam has for several years been recommended for his property work by Chambers UK Directory.

Adam is a contributor to the latest edition of Snell’s Equity (the chapters on administration of estates), and also to the looseleaf Butterworths’ Commonhold: Law and Practice (chapters on effect of registration, and members and directors of a commonhold association).

His recent work includes:

Property

• Successfully appearing (led by Edwin Johnson QC) before the House of Lords in Earl Cadogan v 26 Cadogan Square Limited [2009] AC 39, a leading enfranchisement case concerning the interpretation of LRHUDA 1993
• Successfully appearing (with Michael Driscoll QC and Thomas Leech) in KPMG v Network Rail Infrastructure Limited [2008] 1 P&CR 187 (CA), a construction and rectification claim relating to a lease of significant commercial premises, often cited on the issue of correction of mistakes by construction
• Advising (with Edwin Johnson QC) Network Rail in relation to a dispute as to the user rights of a large national rail concourse retailer
• Advising (with Anthony Trace QC) St Anselm Development Company Limited, following the decision of the Court of Appeal in Landlord Protect v St. Anselm Development Company Limited
• Representing Residential Management Group Limited in the Battersea Reach and Putney Wharf service charge disputes
• Appearing (led by Judith Jackson QC) in Centrica Langage Limited v Langage Energy Park Limited, a Chancery Division dispute concerning rights of access required in the construction of the new gas-fired power station in Langage, Devon
• Appearing in Rose v Harris, a High Court dispute as to the correct application of proceeds of sale of a co-owned property
• Acting for the defendant in Highland v Saynor, a Chancery Division dispute as to the beneficial ownership of a property
• Acting for Barclays Bank Plc in Scout Association v Barclays Bank Plc, a claim asserting the acquisition of title by adverse possession litigated before the Adjudicator to the Land Registry
• Regularly instructed, both for landlords (including the large London estates) and tenants, in leasehold enfranchisement claims, at all stages
• Various 1954 Act claims, both for landlords and tenants – for example, acting for the landlord in Patel v Naz, a contested 1954 Act renewal claim; acting for Balls Brothers in relation to the renewal of the lease of a central London wine bar; acting for The Prudential Assurance Co in relation to the renewal of a WH Smith lease of substantial shop premises
• Acting for Abbey National in Abbey National v Matta, a claim concerning issues of priority and alteration of the register following a mortgage fraud
• Acting for the defendant in Licht v Bekova, a Chancery Division multi-million pound claim for damages following the failure to complete the purchase of Elizabeth Taylor’s former home in Hampstead
• Advising on liability to pay business rates in respect of a large commercial site intended for development
• Acting (with Anthony Trace QC) in Jordan v Star Energy, a multi-million pound Chancery Division claim raising various planning issues and arising out of the acquisition of the Pentex group by Star Energy
• Advising on and acting in various dilapidations claims – for example for the tenant in Choice Properties Limited v Fardross Estates (TCC)
• Advising the landlord under major Lehman Brothers leases as to rights under Law of Distress Amendment Act 1908, following the latter’s collapse
• Advising on restrictive covenants and easements, often in a development context

Trusts, administration of estates

• Appearing (with Anthony Trace QC) in a long-running LCIA Arbitration concerning the ownership of a $Bn shareholding in a Russian metals corporation held under a trust structure
• Advising (with Anthony Trace QC) a major high street bank on the correct interpretation of a trust deed and issues of set-off, following the collapse of a customer bank
• Advising the Special Trustees of the Royal National Orthopaedic Hospital as to the correct construction of substantial legacies left to them in trust
• Acting for the claimants in Pringle and Hayim v Couch, a Chancery Division claim raising issues of undue influence and lack of capacity in the administration of an Estate
• Acting for the defendants in Rivers v Hill & Ors, a Chancery Division claim alleging a joint and mutual will
• Advising as to remedies, following the alleged acquiescence of a solicitor in the misapplication of assets by a personal representative

General Commercial Chancery

• Acting (with Catherine Newman QC) for Ms Begum in the long-running HMCE v Begum & Ors litigation, a Chancery Division claim in conspiracy for over £100 million relating to an alleged carousel fraud
• Appearing at all stages (with Matthew Collings QC) in IIG Capital LLC v Van Der Merwe [2008] 2 Lloyd's Rep 187 (CA), a leading case on the characterisation of bonds and guarantees
• Appearing (with Anthony Trace QC) in Sintonia SA v Sinatra S.AR.L, a Commercial Court claim raising issues of jurisdiction
• Advising (with Anthony Trace QC) on the rights of a carrier of substantial goods under a contractual lien, following the entry into administration of Woolworths, the goods’ owner
• Acting for ISS in Ereira Mendoza v ISS, a dispute concerning the liability to pay estate agents’ commission following the relocation of the ISS group to new headquarters in the City. Settled at mediation
• Acting for Tesco in South Ribble Borough Council v Tesco Stores Limited, a Chancery Division claim arising out of a mooted redevelopment of a large Tesco store and community leisure centre
• Acting (with Catherine Newman QC) for investors in a collapsed BVI hedge fund

Professional Negligence

• Acting (with Matthew Collings QC) for the defendants in Hobbs and Ryan v Gibson and Tailby, conjoined actions alleging negligence and misfeasance by administrators in relation to the sale of a business
• Acting (with Thomas Leech) for the Igloo fund in Igloo v Powell Williams Partnership, a Chancery Division claim alleging a negligent survey in the context of the acquisition of a significant property investment
• Advising Colleys in relation to a claim for contribution intimated by another valuer and arising out of alleged negligent survey reports provided to a lender
• Acting for the claimants in Pringle and Hayim v Rosenblatt, a Chancery Division solicitors’ negligence claim
• Advising King Sturge in relation to a claim arising out of an alleged negligent survey of an industrial estate
• Advising a tenant of substantial office premises as to potential recovery from installers and maintenance engineers, following the total failure of three chillers
• (With John Dagnall) acting for the claimants in Bethell v Deloitte, a Chancery Division claim alleging the negligent audit of a group of companies

Partnership

• Acting for the defendant in Charterhouse Independent Financial Advisors v Panayi, a Chancery Division claim as to the correct interpretation of a partnership deed and the rights of an expelled partner
• Acting in Epstein v Grower, a Chancery Division claim concerning the correct distribution of the assets of a dissolved solicitors’ partnership

Publications
Commonhold: Law and Practice, Contributor
Snell's Equity (31st Edition), Contributor

Notable Cases
Revenue & Customs Commissioners v Noorasa Begum (Representative Of The Estate Of Mohammed Kamal Uddin) (2010)
Vernon v Spoudeas & Anor (2010)
Issac Bruce Hayim, Ian James Pringle, Jill Mary Ross v Jeanne Regina Couch (2009)
Earl Cadogan & Ors v 26 Cadogan Square Ltd : Howard De Walden Estates Ltd v Aggio & Ors [2008]
Knowles v Knowles [2008]
IIG Capital LLC v Van der Merwe [2008]
Van Der Merwe v IIG Capital LLC [2007]
KPMG v Network Rail Infrastructure Ltd (2007)
TSP Group Ltd v Globemark (UK) Ltd &Undersheriff of Cheshire (2005)

Memberships
COMBAR; Chancery Bar Association (former committee member)

Qualifications
BA(Hons) (Oxon) (scholar and prize winner of University College, Oxford)

Chambers UK 2010
Real Estate Litigation: "He is a solid advocate with really good drafting abilities."

Chambers UK 2008
Real Estate Litigation: "... praise for his attributes as "a dependable junior" in matters linked to easements and restrictive covenants."