Philippa’s practice encompasses all aspects of commercial and domestic property including related insolvency, company, and trusts work, contentious probate and residential and commercial landlord and tenant law. She has extensive experience in registered title fraud. Philippa also has an interest in international property law and is regularly instructed by clients outside the jurisdiction.

Key cases & testimonials

  • Restaino v Penney – (Unreported, High Court Chancery Division 17 December 2012) – Represented the successful claimant in a dispute over business profits which the defendant had unlawfully transferred to Brazil. A worldwide freezing injunction was obtained followed by mediation and summary judgment to secure the return of the funds.
  • Phillips v Smith and National Westminster Bank plc – (First Tier Tribunal, September 2016) – Successfully represented a mother setting aside a disputed transfer of her home to her daughter, who had fraudulently misrepresented the nature of the transfer deed. The deed was held to be void but had been registered and the daughter had mortgaged and then remortgaged the property to the bank.
  • Simmons v Alpex Architecture Ltd (Central London County Court, January 2018) – Successful application for an order that the defendants withdraw applications for unilateral notices on the Land Register to permit the sale of a property to proceed.
  • Barking Group Ltd v Newbury Developments (UK) Ltd and Southern Housing Group Ltd (High Court, Business and Property Courts of England and Wales, Property Trusts and Probate List (ChD), February 2018) – Acted for the successful claimant in an injunction restraining completion of a contract for sale of development land valued at £15.4 million.
  • Edginton v Sekhon [2012] EWCA Civ 1812 – Appeal against a judge’s decision not to award a claimant his costs of a discontinued counterclaim. Held it was within the permissible grounds of his discretion under CPR r 44.3 in the light of the claimant’s conduct and his rejection of a drop hands settlement offer made by the defendants.
I recall being immediately impressed with her attention to detail, memory, intelligence, forensic skill and dogged determination. For Philippa a client’s interest always come first, certainly above her own, and she has great ability to empathise, advise, and explain to clients from all social groups, developing an immediate, friendly, but thoroughly professional, rapport with them all. Scrupulously honest she is never timid in court and totally unafraid to stand her ground when the time is right.Martin Roberts, Solicitor
…the defendant’s evidence was completely undermined by Philippa’s cross-examination. …. Philippa’s advice …. was always prompt, thorough, learned, sensible, clear and well-argued.Martin Roberts, Solicitor

Areas of expertise

Disputes arising out of sale of land, title and registration including bona vacantia and escheat, covenants, easements, mortgages and charges, boundary disputes, adverse possession, trusts and equitable interests, co-ownership. Commercial and residential leases, insolvency, as well as professional negligence claims arising out of property transactions and disputes. Proceedings before the First Tier and Upper Tribunals. Philippa is also able to advise on non-contentious matters including lease renewals.

Contentious Probate, Co-ownership and TOLATA claims – Philippa was instructed on one of the first applications of the ‘change of intention’ doctrine under Jones v Kernott, Proprietary estoppel, Inheritance Act claims, Property disputes between extended family and with an international element. Philippa has extensive experience of disputes arising out of co-owned properties. She regularly acts for and advises claimants and defendants in contentious probate cases where disputes arise out of a will or intestacy.

Commercial Dispute Resolution

Commercial and contractual disputes, franchise agreements, shareholder remedies. Sale of businesses.

Extensive experience of representing clients at mediations, Philippa is a CEDR qualified mediator.

Insolvency

Corporate and personal insolvency particularly in the context of real property.

Commercial and residential leases.

Asset recovery, office holder claims, transactions defrauding creditors and void dispositions.

Directors’ disqualification and claims against directors.

Corporate and partnership break up and shareholder disputes.

Particular expertise in the treatment of property in insolvency. Bringing and resisting winding up petitions, injunctions restraining advertisement of a winding up petition, bringing and resisting bankruptcy petitions, property related insolvency including bona vacantia and escheat.

Further information

BA (Fine Arts) (Witwatersrand)

Common Professional Exam (Westminster)

LLM (Auckland)

Appointments & Memberships

Chancery Bar Association

Licensed to accept Direct Public Access instructions

CEDR accredited mediator

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