Duncan Richards

Trusts, probate, & estates

• 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

• 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 

Banking & financial services

• 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.

Notable cases

• P v P [ 2022] – settled by consent – Common intention constructive trust dispute – consideration of relevant test, Amin v Amin  [2020] EWHC 2675 (Ch) considered
• A v British Gas [2022] -ongoing– Instructed by British Gas- real property- injunction proceedings- issue of obligations under the Electricity Act 1989 and relationship with trespass – whether legal authority for trespass exists
• 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.

Education

• LL.B (Hons) Queen Mary and Westfield College, University of London
• LLM, King’s College, University of London

Awards & certifications

• Sunley Prize (Inner Temple)

This is the Privacy Policy for:

Barrister: Duncan Richards

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

1. advice;
2. representation in court;
3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

1. instructing solicitors and clients;
2. courts and other tribunals to which documents are presented;
3. witnesses and potential witnesses, including expert witnesses;
4. other barristers, pupil barristers and other legal representatives;
5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

Individual’s Rights

If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.