Arron’s practice covers a wide variety of business and property work. Although he has particular experience in claims involving property and estates, he is also instructed in general contractual claims, construction, personal and corporate insolvency, and company and partnership disputes.
Real Property
Much of Arron’s real property practice involves residential and commercial disputes over boundaries, adverse possession, easements, restrictive covenants, beneficial ownership and proprietary estoppel. Examples of his work include:
Representing a client in a multi-track trial of a residential boundary dispute.
Advising, drafting, and appearing on behalf of the claimant in a TOLATA claim for a declaration as to his beneficial interest, an order for sale, and an equitable account.
Providing an opinion on the enforceability of restrictive covenants preventing the development of land and the prospects of modifying those covenants under section 84(1) of the Law of Property Act 1925.
Considering the extent of a right of way over a business park and whether there was a substantial interference with access.
Preparing an application to vest legal title to a property in the applicant, following the purchase of a co-owner’s beneficial interest from his trustee in bankruptcy.
Appearing in Court in a summary judgment application about an option agreement said to have been drafted fraudulently.
Assisting with a proprietary estoppel claim over the ownership of a farm promised to the owner’s son, who spent time and money realising its development potential.
Advising on a conveyance of property and whether the vendor had sufficient title to sell premises acquired under the Proceeds of Crime Act 2002.
Drafting a defence for an intermediary / stakeholder to a claim for monies paid under an exclusivity agreement for the purchase of land.
Pleading a claim to enforce an oral contract for the purchase of a house.
Assessing whether a right of way was restricted to agricultural use.
Appearing in the First Tier Tribunal to contest the validity of a restriction based on a fraudulent declaration of trust.
Landlord and Tenant
Arron’s landlord and tenant work often involves commercial premises, although he also has considerable experience dealing with residential claims. Examples include:
Arguing security of tenure under the 1954 Act in a claim for possession of commercial premises, in which the tenancy agreement was alleged to have been forged.
Advising a tenant of commercial premises in a claim against his landlord for nuisance and breach of tenancy in relation to water ingress.
Explaining the procedure for the forfeiture of a long residential lease against an executor, following the tenant’s death.
Appearing in Court for the head landlord of a buy-to-let property in a claim against the sub-tenant, following the surrender of the sub-lease.
Defending proceedings in the First-Tier Tribunal as to whether operating an Airbnb business breached the terms of a long lease.
Opposing an application for the renewal of a business lease on the grounds that the tenant had persistently delayed paying rent and had regularly breached its terms.
Assisting the owners of a football club, against whom a claim for forfeiture had been brought on the grounds that the re-organisation of junior teams into a separate legal entity had resulted in a breach of the covenant against alienation.
Representing a client in a trial for the forfeiture of a bowling green.
Providing an opinion on a dispute over the lease of airspace above a residential property for the use of solar panels.
Wills, Trusts and Inheritance
Arron is highly qualified in the field of wills, trusts and inheritance, having obtained the Society of Trusts and Estate Practitioners (STEP) Diploma in 2015, the STEP Advanced Certificate in Trust Disputes in 2016, the Association of Contentious Trust and Probate Specialists (ACTAPS) qualification in 2018 and the STEP Advanced Certificate in Cross-Border Estates in 2020. He is also the recipient of a STEP Excellence Award. Examples of his work include:
Drafting proceedings, advising and representing a deceased’s long-term partner in a claim under the Inheritance Act where the deceased died intestate and unexpectedly as a result of a serious car accident.
Challenging a will on the grounds of lack of capacity, lack of knowledge and approval, undue influence and fraudulent calumny.
Advising on the interpretation of a will, the possibility of double portions and whether a beneficiary had died before acquiring a vested interest in the deceased’s residuary estate.
Drafting, advising and representing an executor in an application under section 50 of the Administration of Justice Act 1985 to remove his brother as co-executor, where the brother’s lack of engagement prevented the sale of estate property.
Applying to Court for the removal of a trustee who failed to provide accounts, profited from his position, failed to diversify trust property, and undermined his co-trustees.
Assisting an executor with a possession claim after the compromise of TOLATA proceedings by the deceased during his lifetime.
Claiming against a trustee for failing to account to her niece for the profits of trust assets.
Advising on the procedure to prove a missing will, where the presumption of revocation was rebutted on the facts.
Drafting a claim by an executor against the beneficiary of a lasting power of attorney for the return of funds misapplied during the deceased’s lifetime.
Providing an opinion on whether executors were liable for deferred care home fees, in circumstances where the deceased lacked capacity to agree a deferral and there were defects in her attorney’s appointment.
In addition to contentious work, Arron undertakes occasional non-contentious drafting in the field of trusts and estates. He is able to comment on tax issues, although please note that he is not a tax practitioner and cannot provide specialist tax advice.
General Business and Property
Arron’s broad commercial practice extends to a variety of areas, providing him with experience of contractual disputes, construction claims, personal and corporate insolvency, and company and partnership litigation. Examples of his work include:
Acting for a sub-contractor in a construction adjudication relating to joinery works on a large housing development.
Advising on a claim under the JCT Minor Works 2016 Building Contract for early termination and the failure to pay for work done.
Drafting a claim for the loss of a deposit paid for a residential extension after the discovery of unsuitable ground conditions led to a significant price rise and the project’s abandonment.
Providing an opinion on the merits of an unfair prejudice petition, where the directors had diluted the minority’s shareholding and withheld the payment of dividends.
Advising on whether the sale of a company with financial assistance involved a transaction at an undervalue under the Insolvency Act 1986 and a breach of directors’ duties.
Defending a statutory demand based on a historic and unpaid credit card debt from the United Arab Emirates.
Advising on whether an IVA discharges the liability of a joint-debtor.
Providing advice to a gallery on art works allegedly owned by a third party.
Advising on a dispute as to the ownership of a vehicle transferred in part-exchange whilst still subject to a hire-purchase agreement.
Drafting proceedings against a letting agent for long-term overcharging.
Representing the claimant to recover commission earned from the sale of a company.
Representing a party in detailed assessment proceedings under the Solicitors Act 1974, after a claim involving a forged power of attorney and the transfer and ownership of multiple properties.
Acting for the defendant in a multi-day trial between neighbours under the Protection from Harassment Act 1997.
