01 01 2023
E-type Fabs Limited and Braveheart Capital Limited v Dmyterko
Evie is ranked as up and coming in Chambers and Partners 2023 edition.
She has a diverse property practice. In 2022, she was: junior counsel for the successful Claimant in the, now leading, constructive trusts and unjust enrichment decision in Fattal v Fattal [2022] EWHC 950 (Ch); sole counsel in Kirby v Electricity North West Ltd [2023] EWHC 75 (TCC), a case regarding the valuation of loss following damage to agricultural land; and junior counsel in the High Court challenge to an expert determination of service charges in Pearson plc v Shell International Trading & Shipping Co Ltd.
She has a broad advisory practice. Recent highlights include: the interplay of ground (f) in the Landlord and Tenant Act 1954 and rights under trusts; potential action and liability by a landlord for pollution of watercourse by an insolvent tenant; whether receivers of multi-million pound residential property were bound by certain tenancies; the impact of the sanctions regime on a tenant’s leasehold obligations; a co-ownership dispute arising following the breakdown of an alleged business partnership; and, the valuation approach to mooring rights under a licence.
Evie has considerable trial experience, particularly in cases under the Landlord and Tenant Act 1954 and cases involving security interests. In 2022 and 2023, she was instructed at trial: on a claim involving undue influence in the grant of a mortgage; on a claim where borrowers alleged mutual mistake in the grant of a mortgage; on a ground (g) case for a tenant under the 1954 Act; on a rent and interim rent under the 1954 Act regarding the impact of the COVID-19 pandemic; on a constructive and resulting trust claim; on a claim regarding the existence of an agricultural tenancy and the quantification of the tenant’s lost crops; and on a
From an insolvency and company law perspective, in recent years she has advised on a number of cases regarding the impact of the insolvency of developers, particularly for off-plan purchasers and she regularly acts on cases involving dissolved companies, such as in connection with the Scarborough Group litigation against Bank of Scotland, where she (along with James Ayliffe KC) obtained orders appointing receivers over causes of action so that proceedings could be commenced prior to the restoration of the prospective claimants. She also routinely advises administrators and landlords on claims for permission to forfeit in administration and claims to pay rent and other sums as expenses of the administration.
Evie is a contributor to the third edition of Gough on Companies Charges.
Her notable experience includes:
Evie is a contributor to the forthcoming edition of Gough on Company Charges. She is an expert on the dissolution of companies, regularly advising on issues and appearing in applications relating to dissolution and restoration of companies.
Her recent experience includes:
Evie is regularly instructed on a variety of commercial landlord and tenant cases, particularly forfeiture cases, those involving the Landlord and Tenant Act 1954, and those with an insolvency element.
Her recent experience includes:
Evie regularly acts on a variety of insolvency and restructuring cases: she is instructed at all stages from advising on enforcement options, to acting for companies and creditors in seeking bankruptcy, winding up and administration orders, as well as during insolvency proceedings, where she regularly acts on a variety of claims and applications including being frequently instructed in misfeasance and transaction avoidance cases.
Evie has particular expertise of cases involving insolvent tenants, whether they be in a company voluntary arrangement, administration, liquidation or bankrupt. She also has considerable experience in rating cases where there are insolvency issues.
Her notable experience includes:
Evie routinely acts for banks in mortgage possession proceedings, particularly in cases involving allegations of undue influence by borrowers. She also regularly acts for receivers in claims. She has recently:
Evie has a busy and growing Rating and Valuation practice.
Recent highlights include:
Commercial Landlord and Tenant
Insolvency
Mortgages, Charges, Charging Orders and Securitisation
Agricultural Law
Easements and Profits a Prendre
Land Registration and Adverse Possession
Property Development including Overage disputes
Protestor Injunctions
Public Sector and Local Government Property issues
Rights of Light
Riparian Rights, Watercourses and Harbours
Squatters and other Trespass
Telecommunications
Trusts of Land and other Equitable Claims
Village Greens, Commons and Manorial Rights
Boundary and Ownership Disputes
Charitable Relief and other Exemptions
Collection and Enforcement Cases
Council Tax
Empty Properties
Non-Domestic Rates Litigation
Valuation Disputes
She is excellent all round. She is prompt, commercial and provides detailed and insightful advice."
cases
01 01 2023
E-type Fabs Limited and Braveheart Capital Limited v Dmyterko
cases
22 02 2023
Holly Walk Developments Limited v Livingstone and Livingstone
cases
22 04 2022
William Simon Fattal v Elias Simon Fattal [2022] EWHC 950 (Ch)
cases
20 01 2023
Kirby v Electricity North West Limited [2023] EWHC 75 (TCC)
news
07 08 2024
New appointments to the Attorney General’s Panel of Counsel
news
10 07 2024
High Court grants injunction to prevent protests occurring at three major airports
news
09 05 2024
Landmark Chambers and HSF Join Efforts in Pro Bono Case
Full Presentation
09 11 2023
Annual Rating Conference 2023
Jenny Wigley KC (Joint Head of Chambers), David Forsdick KC, Timothy Morshead KC (Joint Head of Chambers), Dan Kolinsky KC, Galina Ward KC, Julia Smyth, Jacqueline Lean, Luke…
Full Presentation
19 09 2023
Property Law Nuts & Bolts seminar - Part 1: Mortgage Possession Proceedings - full presentation
Jacqueline Lean, Evie Barden, Brooke Lyne, and Edward-Arash Abedian
Full Presentation
17 03 2023
Property Law Nuts & Bolts, Part 4: Charging Orders and Enforcement
David Nicholls, Evie Barden, Brooke Lyne, and Joel Semakula
news
10 02 2023
Landmark Chambers list of Attendees for MIPIM 2023
Full Presentation
15 11 2022
Property Law Nuts & Bolts, Part 2: Understanding Forfeiture - seminar
Simon Allison, Evie Barden, Peter Sibley, and Rebecca Sage
Appointed to the Attorney General's B Panel of Junior Counsel.
Real Estate Litigation, Chambers and Partners, 2024
Property Litigation, Legal 500, 2024
Real Estate Litigation, Chambers and Partners, 2023
Property Litigation, Legal 500, 2023
Real Estate Litigation, Chambers and Partners, 2022
Property Litigation, Legal 500, 2022
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