Our Barristers Back to full list

• Probate and Administration of Estates, principally all varieties of contentious probate and 1975 Inheritance Act applications.
• Trusts and trustees, mainly in connection with Wills and TOLATA claims and with duties of trustees, sometimes involving a cross-over with claims for breach of trust and fiduciary duty.
• Undue influence in inter vivos transactions.
• Professional negligence relating to the above and in particular, negligence connected with the execution, administration and drafting of Wills and trusts.

Examples

Advising an executor and trustee on a Beddoe application for leave to play no active part in a contentious probate claim where his co-executor and trustee had dispensed with legal representation and beneficiaries had declined to give an indemnity.

Advising a defendant in criminal proceedings of the validity of a trust deed and rights of the beneficiary in connection with an application for a confiscation order under the Proceeds of Crime Act 2002.

Successfully representing a defendant in a dispute concerning co-ownership of land and partition - Ellison v Cleghorn [2013] EWHC 5 (Ch)

In the Court of Appeal: Successfully challenging an order for costs made by the High Court where the claimant executor trustee was deprived of 50% of his costs despite the defendants accepting his Part 36 offer late in a claim based on undue influence not concerning the Will - Jopling v Leavesley & Thompson [2013] EWCA Civ 1605.

Nahajec v Fowle [2017] AllER (D) 42 (Aug) (successful 1975 Inheritance Act claim by an adult daughter)

Hari's Employment Law practice covers most subject areas of the field with a particular emphasis on discrimination, whistleblowing and post-termination restraints in employment contracts. He acts for both employees and employers, including local authorities. He has experience in conducting long and complex cases, particularly involving local authorities and the NHS. Hari has a particular interest in disability discrimination, especially those cases concerning mental impairment.

Reported Cases

Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT
disability discrimination - determining the date of onset of disability when medical evidence has given a possible range of dates.

Aylott v Stockton on Tees Borough Council - Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA
Led by David Reade Q.C.: Disability Discrimination applicability of HL decision in Lewisham LB v Malcolm to the employment field - correct comparator for direct disability discrimination - application of the "reason why" test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination - whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA - whether changes arising as a result of the decision affected by the Equality Act 2010.

Saiger v North Cumbria Acute Hospitals NHS Trust - Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA
Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant's favour where it found that respondent's conduct was such as to merit an award of aggravated damages.

Ward v South Tyneside Council - Employment Appeal Tribunal 12.7.11 UKEAT/0358/10
Consideration of concept of conditional dismissal - whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.

Patel v South Tyneside Council - Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT
Notice of Appeal is lodged when it appears in EAT Inbox or when it "hits" an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.

BMSL v Acheson - Employment Appeal Tribunal UKEAT/0268/11; 14.6.12
Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether "but for" test appropriate in the context of a "union blacklisting" dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.

Most areas relating to real property and rights in and over land and registration, such as:

Trusts of land (including TOLATA), land covenants, boundaries, easements, conveyancing disputes, Party Wall Act cases and enforcement related matters such as charging orders and orders for sale. 

Undue influence and fraud relating to property transactions such as mortgages; also includes claims under s.423 Insolvency Act 1986.

Landlord and Tenant claims, both business and residential.

Hari's work concerning property also extends to trespass, nuisance and harassment claims.