Direct Access Barrister

Susan Brown

Direct Access Barrister

Susan Brown

Susan is a senior junior chancery and commercial barrister who qualified in 1989, and has many years of experience in litigation, advisory, and drafting work in the areas of commercial, chancery, insolvency, property litigation and civil fraud. She represents clients in Court and before Tribunals and provides legal advice.

Susan covers all areas of England and Wales and practices in property litigation, landlord and tenant (both residential and commercial), insolvency, company law, civil fraud and traditional chancery. A comprehensive overview of Susan's practice can be found on her Chambers profile at https://www.tennysonchambers.com/barrister/susan-brown. Please cut and paste this URL into your address bar.

Area of Law

Chancery

A small amount of Susan’s work involves traditional chancery work in the areas of wills, trusts, probate, and the administrations of deceased’s estates. This includes advising on will provisions, validity of wills, trusts, probate, donates mortis causa, interpretation of wills, the law of intestacy, settlements, Inheritance (Provision for Family and Dependants) Act 1975 claims, and court disputes connected with these areas. It also includes drafting of trusts where required. Susan’s most recent reported case in this area is Markou and Others v Goodwin and others [2014] WLTR 605. A dispute between executors of a will and the beneficiaries of the will about the testamentary capacity of the deceased and whether the dementia suffered by the deceased shortly before her death was sufficient to invalidate a will (also made shortly before her death) in favour of a carer. It was 6 day High Court trial with several witnesses.

Commercial

Throughout her career, Susan has undertaken advisory and litigious commercial litigation. Examples of her work include acting for a major well known city reinsurance company in commercial court proceedings on a multimillion pound damages claim, advising on pension misselling, and acting in relation to the enforcement of a substantial foreign arbitral award in the United Kingdom and appointment of High Court receivers. General contractual disputes and company disputes are covered. Please see Susan's profile at https://www.tennysonchambers.com/barrister/susan-brown/ for further details.

Susan’s article “The enforcement of arbitration awards – the duty of full and frank disclosure” was published in the New Law Journal.

Insolvency and Restructuring 

Susan advises on corporate insolvency (including director’s disqualification), and personal bankruptcy acting for debtors, creditors, and office holders. Cases have included acting on behalf of a hedge fund owed £43 million on an application by Administrators for directions in the Companies Court. Advising and appearing for a major pharmaceutical company on an application for directions in relation to a dispute over retention of title of goods involving issues of complex law. Dealing with the placing of a league football club into administration. Dealing with a variety of court applications arising in a complex administration dealing with the sale of land. Susan deals with all aspects of administrations, receiverships, company voluntary arrangements, and liquidations including all associated court work whether that court work is done remotely by video link or in person. In bankruptcy Susan has acted on many applications to set aside statutory demands as well as defending applications for bankruptcy, acting for creditors, debtors and trustees in bankruptcy in relation to bankruptcy petitions, and individual voluntary arrangements. Most recently Susan acted to save a property developer from bankruptcy on an alleged director’s guarantee. Susan undertakes heavy insolvency cases of some complexity.

Landlord and Tenant

Susan advises both tenants and landlords in relation to all forms of disputes arising from the landlord and tenant relationship whether it be in residential property or commercial property. Covered are repossession and service charge disputes, disrepair, damages, and nuisance claims connected with leasehold premises, forfeiture of leases and relief from forfeiture, waiver of forfeiture, construction of leases, validity of leases, rent claims including ground rents, extension of leases, enfranchisement of leases, Commonhold and Leasehold Reform Act 2002, service charge assessment before the First Tribunal (Property Chamber), right to manage, section 20 Landlord and Tenant Act 1985 notices, eviction disputes, secure tenancies, assured and assured shorthold tenancies, long leases, drafting leases, arrears of rent and service charge, covenants, Housing Acts 1985, 1988, 1996, 2004, Landlord and Tenant Acts 1986, 1987, and 1988, failure to provide accounts, injunctions, specific performance, equitable remedies, estoppel, leasehold reform, Defective Premises Act 1972, mobile homes, Landlord and Tenant (Covenants) Act 1995, land registration, Rent Act 1977, homelessness, licensing of leasehold premises, houses in multiple occupation, regulation of leasehold premises, agency, costs, surrender, security of tenure, Landlord and Tenant Act 1954 and notices thereunder, validity of assignment of leases, ownership, construction of leases amongst other matters.

Professional Negligence

Susan is able to provide legal advice on professional negligence arising in the above areas of practice whether that be solicitors or barrister's negligence, surveyor's, structural engineers and architect's negligence for example.

Property

Susan has practised in the law of property and landlord and tenant since the start of her career. All types of freehold property matters are covered including, but limited to, co-ownership, restrictive covenants, easements including rights to light, and rights of way, boundary disputes, party wall disputes, nuisance, flooding, conveyancing disputes, law of property act receiverships, mortgages, charges, mortgage repossession disputes, registration of land, trusts of land, construction of real property deeds and settlements, occupier’s liability, prescription rights, joint tenancies, tenancies in common, specific performance and injunctions, property ownership, legal estates, equitable remedies, vendor and purchaser disputes, dispositions of land, adverse possession, the law of trespass, squatting, possession, interpretation of contracts, powers of attorney relating to land, listed building consent and prosecutions connected thereto, vesting orders, limitation, incumbrances, inheritance of land, inheritance act claims, claims of fraud connected with the conveyance of land, overriding interests, dispositions of equitable interests, covenants affecting land, sale of land, professional negligence connected with all these areas, and property development matters. Recent cases, for example, have included acting for a property owner accused of breaching listed building consent on a property redevelopment. Susan also advises on landlord and tenant including service charge and commercial property.

What sort of work do I do?

Susan's main areas of work are all forms of property/land litigation, landlord and tenant disputes (both residential and commercial), land disputes (such as, for example, boundary disputes, breaches of covenant, rights of way and rights to light, adverse possession), company insolvency and winding up (including administrations and receiverships as well as liquidation and CVA's), personal insolvency/bankruptcy ( including setting aside statutory demands) , commercial litigation including general contractual disputes, professional negligence related to the above areas, civil fraud cases, and traditional chancery including wills, trusts and probate disputes including family provision. For more detail visit Susan's profile at https://www.tennysonchambers.com/barrister/susan-brown/.

Who do I work for?

FTSE 100 companies, city financial institutions, SME, individuals, corporations, creditors, debtors, companies, company directors and office holders, partnerships, unincorporated associations, listed organisations, insurance companies, reinsurance companies, insurance brokers, investors, charities, charity trustees and beneficiaries, pension owners and trustees, insolvency practitioners, company directors, government bodies, landlords, tenants, property owners, management companies, liquidators, receivers, administrators, supervisors of voluntary arrangements, company monitors, turnaround specialists, trustees in bankruptcy, trustees, beneficiaries, probate specialists, will specialists, family provision specialists, accountants, surveyors, investigators, fraud specialists, insolvency specialists, debt collection agencies, credit agencies, banks, consumer credit companies. shareholders, victims of fraud, business owners, co counsel and international lawyers.

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