ProfileMarie-Claire is a commercial Chancery practitioner specialising in property, trusts and estates law. She has a reputation as a tenacious advocate and is known for her collaborative approach to working with her clients.
Marie-Claire has a broad commercial Chancery practice with an emphasis on property litigation. She is praised by clients both for the effort and commitment she puts into all her cases and for the importance she attaches to communicating well with clients at every stage of the case. She excels in the cut and thrust of advocacy in court, particularly witness actions where her skill at cross-examining witnesses and her mastery of the legal arguments and the trial bundles ensure that her clients feel that she has done everything possible to fight their corner. In her advisory work she relishes complex legal questions, but ensures that her advice is practical, sensible, focused on the client's commercial objectives and easy to understand. Clients commend her user-friendly approach and the fact that she is a good team-player, always prepared to help out with all aspects of the preparation of the case when time or resources are tight.
Marie-Claire's areas of expertise include:
Property: Commercial landlord and tenant, including forfeiture and insolvency issues, service charge disputes, rent review clauses, dilapidations and Part 2 of the Landlord and Tenant Act 1954, Residential landlord and tenant, including security of tenure, disrepair, breach of covenant and service charge disputes in the Leasehold Valuation Tribunal, adverse possession, mortgages and charging orders including claims for possession and sale, contracts for the sale of land, joint ownership of property, resulting and constructive trusts and proprietary estoppel, rights of ways, boundary disputes and restrictive covenants. She also has particular expertise in relation to Party Wall etc Act 1996 appeals and appears regularly in the First Tier Tribunal (Land Chamber) and the Lands Tribunal.
Trusts:: Advises on and conducts litigation relating to a wide range of trust related issues, including the construction of trust provisions, the duties of trustees, administration of trusts, breach of duty claims, Beddoes applications, applications to vary trusts, and applications for directions from the Court.
Wills and Estates: Litigation and advisory work in connection with contentious probate, the construction of wills, rectification of wills, proprietary estoppel/constructive trust claims in relation to property disposed of by wills, mutual wills and the administration of estates. She also advises on tax issues where they arise in these contexts. She has considerable experience of applications for provision under the Inheritance (Provision for Family and Dependents) Act 1975 and has recently been involved in claims involving a retired adult son, a disabled daughter, a widow, a co-habitee, a separated wife, a third wife and a disabled grandson.
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