Jeff Hardman

Property

Jeff is a specialist property litigator with extensive experience acting as sole counsel in the High Court and specialist tribunals. His practice is focused on complex, high-value, and contentious property matters for a client base that includes developers, commercial landlords, landed estates, and private individuals.

Core Real Property & Landlord and Tenant

Jeff has a robust practice in core real property and landlord and tenant disputes. His experience includes:

Adverse Possession: Successfully acting both for and against claimants. In Pinto v London Borough of Haringey (2022), he established title for the applicant, while in Williams v Lewis­ Hans (2023) (REF/0548), a four-day trial in the First-Tier Tribunal (Land Registration Division), he acted for the successful applicants. The case concerned a battle between a claim to paper title based on historic conveyances and a counterclaim for adverse possession of a driveway. Jeff established his clients' paper title through detailed analysis of historic deeds and Ordnance Survey plans and successfully defeated the adverse possession counterclaim. (subject to appeal).

Landlord & Tenant: Handling high-stakes commercial disputes such as Dhadwal v Heathrow Inn Hotel Ltd (2021] EWHC 3833 (Ch) (user clauses), and large-scale residential matters including unlawful eviction (Albu-Swalin v Regency (UK) Ltd (2019}) and large-scale service charge claims (Abdel-Mahmoud v Clive Court (2022)).

Easements, Boundaries & Covenants

Jeff has a substantial practice in disputes concerning boundaries, easements, and restrictive covenants, often involving complex historical evidence and difficult questions of law.

• Re: A Right of Way Dispute (2025): Jeff was instructed to defend a claim for a right of way based on the Prescription Act 1832 and s.62 of the Law of Property Act 1925. The case involved detailed analysis of historic use, and successfully resisting the claim through consent by establishing that any access granted over the years was purely permissive, evidenced by emails, the provision of fobs for an automated gate, and express requests for permission.
• Re: A Commercial Boundary Dispute (2025): Jeff acts for the defendant in a claim concerning an alleged encroachment of a few centimetres from a boundary wall. He advised on a robust defence based on the de minimis nature of the claim, consent under the Party Wall etc. Act 1996, and the claimant being estopped by convention and acquiescence from pursuing a claim over a decade after the works were completed.
• Re: A Verge and Adverse Possession Claim (K01ME921): Jeff was instructed to act for defendants in a boundary dispute involving a claim to a grass verge. The case required a detailed analysis of historic conveyancing documents and public rights of way to defeat the neighbour's claim and advance a successful counterclaim for adverse possession.

Service Charge Litigation

Jeff is regularly instructed in complex and high-value residential service charge disputes.

• This includes his work for Burton Waters Management Company in Fernie v BWML, a five-day trial concerning the reasonableness of over £700,000 in service charges. His successful defence was instrumental in subsequent proceedings where he obtained a general civil restraint order before HHJ Coe KC (sitting as a Deputy High Court Judge) in 2025 against the vexatious litigant.
• His experience also includes successfully defending a residential block in a multi-million-pound challenge involving over 150 flats in Abdel-Mahmoud v Clive Court (2022).
• Jeff is regularly instructed by social landlords in complex and high-value residential service charge disputes. He was instructed by the London Borough of Tower Hamlets in a major works dispute concerning fire-safety and lift replacement works on the Avebury Estate (LON/00BG/LSC/2020/0095). Following a previous hearing where the local authority's evidence had been criticised, Jeff successfully represented the authority at the final hearing, with the Tribunal finding the charges payable and noting the significant improvement in the evidence presented.

Proprietary Estoppel, Trusts & Equity

A key focus of Jeff's practice is the intersection of property law with trusts and equity. His expertise is highlighted by his success in Thandi v Saggu [2023) EWHC 2631 (Ch) before DHCJ Sims, where he established that proprietary estoppel can rescue an agreement void under s.2(1) of the LP(MP)A 1989. The decision is now cited in leading texts including Snell's Equity and Chitty on Contracts. His experience also extends to factually complex beneficial ownership claims concerning investment properties, such as in Khan v Ahmed (E10CL323), a three-day trial before HHJ Monty QC involving an alleged oral agreement to swap beneficial interests in two properties.

Property-Related Fraud, Deceit & Breach of Fiduciary Duty

Jeff has a formidable reputation in cases involving dishonesty and impropriety in property transactions. He is an expert in tracing assets and unwinding transactions tainted by fraud.

• He is currently instructed for the claimants in Mashal v Javed & Others (BL-2023-001501), a complex asset tracing claim concerning the alleged misappropriation of c.£834,000 of investment funds, which were then allegedly used to purchase several properties through a network of companies now in administration. The claim seeks declarations of trust over those properties.
• In Matt v Fox (2023), a high-profile case which attracted widespread national press coverage (including in The Times, The Telegraph and the Daily Mail), he acted for the successful claimant before HHJ Raeside KC, recovering €225,000 advanced for a property purchase. The case involved serious allegations of fraud and a novel argument on the dissipation of funds in breach of fiduciary duty.
• In lmran v Khan (2022), before HHJ Parfitt, he acted for a defendant whose property was sold at a significant undervalue by a law firm controlled by a convicted fraudster. He successfully opposed a silk at a preliminary hearing and obtained an urgent injunction to halt a sub-sale just 45 minutes before auction.
• In Parkfield v Parkfield (Osterley) ltd (2024), he successfully acted to set aside a fraudulent transfer of a freehold, where the court found the key trust document relied on by the defence had been fabricated.
• In the long-running and highly acrimonious case of Tibbs v Tibbs, Jeff acted for the claimant in a bitter family dispute over substantial loans made in the context of property dealings. Following a multi-day High Court trial involving cross-allegations of fraud, forgery, and intimidation, Deputy Master Linwood conducted a detailed account and inquiry into the complex financial transactions, which required the analysis of competing expert accountancy evidence {[2020] EWHC 2769 (Ch)). This followed Jeff's earlier success in the same proceedings, where he acted to discharge a freezing injunction that had been obtained against his client ([2019] EWHC 2315 (Ch)}.

Company, Partnership & Joint Venture Disputes (in a Property Context)

Jeff acts in high-value commercial disputes where property assets are central to company, partnership, or joint venture structures.

• In Ali v Tapariya & Ktynstone Ltd (H10CL204), he successfully defended a claim for c.£641,000. The claimant, a former contractor, alleged breach of an oral joint venture agreement, breach of trust, and breach of fiduciary duty. After a four-day trial, HHJ Monty QC rejected the claimant's evidence, found there was no JVA, and dismissed the entire claim in a complete vindication for Jeff's clients.
• He was recently instructed in Soni v Vettivetpillai, a High Court unfair prejudice petition concerning the management of a valuable UK care home business. The case involves complex property assets and ran against the backdrop of the defendant's arrest and guilty plea to criminal charges brought by US authorities concerning the collapse of the 'Abraaj Group'.
• He defended the respondent company in Meller v Berkshire Assets (Wokingham) Limited [DR-2023-007043] in response to a winding-up petition concerning the collapse of a £100m+ property development in Kew on the grounds that the original loan agreement was varied by a subsequent 'Roll-In Agreement' involving complex inter-company accounts between multiple Special Purpose Vehicles (SPVs).

Strategic & High-Stakes Commercial Property Litigation

Jeff has a proven track record in navigating high-value, multi-faceted commercial disputes where property rights are central. This is best illustrated by the long-running Burton Waters litigation, a dispute critical to the viability of his client's business.

The case concerned the enforceability of over 300 mooring licences at a luxury residential estate, with a total contractual value exceeding £10m. Acting against a KC, Jeff represented the claimant company at the initial trial before HHJ Coe KC. The defendants argued that the licences were unenforceable under the Unfair Terms in Consumer Contract Regulations 1999. Jeff was successful at the three-day trial, with the Judge upholding his arguments and dismissing the defendants' challenges in their entirety. This result was vital, securing his client's primary revenue stream and business model.

He subsequently acted on the successful appeal, led by Michael Booth KC, before Mr Justice Leech ([2024) EWHC 138 (Ch)), defending the trial judgment and cementing the victory. Jeff later appeared unled before Mr Justice Marcus Smith to obtain a final injunction preventing the defendants' systemic abuse of the Debt Respite Scheme to frustrate enforcement.

Urgent & Interim Relief (Injunctions)

A core skill is Jeff's ability to act decisively to secure or resist high-stakes injunctions.

• In the High Court in Tibbs v Tibbs (2019) EWHC 2315 (Ch), he successfully acted for the claimant to obtain the discharge of a freezing order that had been sought by the defendants in a bitter, high-value family dispute.
• In Diya Mirza v Ahmed & Others (PT-2024-001151), he was instructed to advise on obtaining urgent relief to freeze the assets of a deceased's estate amidst allegations of a fraudulent will designed to defeat a judgment creditor (following a substantial judgment for unlawful eviction). A proprietary injunction was secured before Mr Justice Rajah and Jeff subsequently obtained undertakings on the return date before Mr Justice Mellor.
• In the recent matter of Yousef v Aslam (L6PP0590), he was instructed to obtain an urgent freezing injunction in the High Court (Birmingham) to prevent the dissipation of a key property asset amidst a contentious trust of land dispute. Following the issuance of an ex parte freezing application, he successfully secured favourable undertakings from the respondents to protect his client's claim.
• In Atkinson v Sweetman (2022), acting for a director of a liquidated property company, he successfully resisted a £1.Sm worldwide freezing injunction application before Mrs Justice Smith, with the assets frozen ultimately limited to £700,000.
• In Doble v Doherty & Persons Unknown (2020), he secured an injunction and final possession order against trespassers who had violently seized land.

Landlord & Tenant, Nuisance & Construction

Jeff acts for both landlords and tenants in commercial and residential disputes. He acted for the successful claimant tenants in Wahid v Azmahomed Ltd (D70YM473), a five-day trial concerning a landlord's liability for nuisance and breach of quiet enjoyment arising from extensive building works. His practice also covers claims arising from defective building works. In Dodhia v Joyce (2023), a dispute which attracted national press coverage, he successfully represented a claimant in a claim for damages for negligent construction, defeating a technical defence under the Consumer Rights Act 2015. In addition, his practice covers professional negligence claims against solicitors, and he is currently instructed on several matters concerning alleged negligence in conveyancing transactions.

Jeff is a seasoned advocate with a broad and dynamic commercial and traditional chancery practice. He is sought after for his expertise in complex and high-value disputes, particularly those involving allegations of fraud, breach of fiduciary duty, and contentious trust and probate matters.

Described as a "relentless litigator'' and a "sharp and tenacious junior with real nous," Jeff thrives in the cut and thrust of litigation. His practice covers the full spectrum of company, insolvency, and private client work, and he is frequently instructed as sole counsel in the High Court on high-stakes applications and multi-day trials.

Contentious Trusts, Probate & Estates

Jeff has a strong practice is contentious private client work. He is an expert in will validity challenges (undue influence, capacity, forgery), claims under the Inheritance {Provision for Family and Dependants) Act 1975, and actions against executors and trustees for breach of duty.

• Re: C Estate (PT-2025-000372): Jeff is currently instructed for a defendant sister in a c.£1m inheritance dispute. He is defending a claim brought by the claimant brother more than 11 years after the estate was distributed, advancing a multi-layered defence based on contract, disclaimer, promissory estoppel, and laches.
• Re S Estate (BL-2025-000518): Jeff was instructed to act for respondents resisting a proprietary injunction obtained ex parte concerning their late mother's £1.1m estate, advising on the discharge of the order due to material non-disclosure.
• Re: An Estate (2025): Jeff is instructed for a claimant son in a high-value undue influence and breach of fiduciary duty claim. The claim seeks to set aside a lifetime transfer of the claimant's late mother's property into joint names with his sister, which effectively disinherited him. The case is founded on the mother's vulnerability and dependency, and the sister's failure to ensure she received independent advice. The claim also includes seeking an account for substantial lifetime cash withdrawals (c.£85,000) and a claim for mesne profits.
• Re B & P (2025): Jeff is instructed in a high-value TOLATA dispute between a long-term cohabiting couple involving properties in both the UK and Majorca and requiring a complex equitable accounting exercise to determine their respective beneficial interests.
• Diya Mirza v Ahmed & Others (PT-2024-001151): Jeff was instructed to obtain urgent relief to freeze the assets of a deceased's estate amidst allegations that a fraudulent will had been created specifically to defeat a substantial judgment creditor.
• Re: D Estate (2025): Jeff was instructed to advise a family in defence of a threatened claim by co-executors concerning the alleged misappropriation of c.£97,000 from their late mother's estate. The case involved complex questions of breach of fiduciary duty and the duty to account, rather than undue influence. The matter settled following Jeff's advice on a robust defence and negotiating strategy.
• Re: K·G Estate (2025): Jeff successfully defended an estate against a claim for reasonable financial provision under the 1975 Act brought by the deceased's husband, from whom she had been separated for over 15 years.
• Re A Estates (PT·2024·MAN-O000XX): Jeff was instructed to defend the estates of both parents in a multi-faceted High Court dispute. The claim was brought by one son challenging the validity of his parents' mirror wills. Jeff advised the defendant beneficiaries on their robust defence to the validity claim and on their counterclaim in proprietary estoppel. The matter settled successfully at mediation.
• Re M Estate (2023): Jeff was instructed to advise executors on defending a will validity challenge brought by the deceased's son. The advice focused on the strength of the presumption of due execution in the face of a challenge to capacity, the solicitor's failure to adhere to the 'golden rule', and the potential for a claim under the Inheritance Act 1975 by the deceased's widow, a protected party.
• Re B Estate (2022): Jeff was instructed to advise a daughter and residuary beneficiary on the merits of a potential claim against her sister, the executrix of their late father's estate. The advice covered a primary claim for undue influence to set aside a lifetime transfer of the father's main asset into joint names.

Company, Partnership & Joint Venture Disputes

Jeff acts in high-value commercial disputes where property and other business assets are central to company, partnership, or joint venture structures.

Unfair Prejudice Petitions (s.994)

Jeff is regularly instructed in disputes concerning theconduct of a company's affairs. He is currently acting for the respondent in Re: A Property Investment Partnership (CR-2024-004347), a multi-faceted dispute involving a s.994 petition concerning a property investment company with a portfolio of 13 properties and allegations of fraudulent share dilution. He was also instructed in Soni v Vettivetpillai, another High Court unfair prejudice petition concerning the management of a valuable UK care home business, which runs against the backdrop of the defendant's arrest and guilty plea to criminal charges brought by US authorities concerning the collapse of the 'Abraaj Group'.

Corporate Governance & Deadlock

Jeff has specific expertise in resolving corporate deadlock. In Re A Deadlocked Company (CR-2024·003439), he was instructed by the executors of a deceased sole shareholder and director to advise on an application to rectify the company's register of members under s.125 of the Companies Act 2006. This was a necessary step to overcome a corporate governance deadlock and enable the appointment of a new director to ensure the company's survival.

Breach of JVA / Fiduciary Duty

Jeff has a strong track record in disputes arising from joint ventures. In Ali v Tapariya & Klynstone Ltd (H10Cl204), he successfully defended a claim for c.£641,000 where the claimant alleged breach of an oral joint venture agreement and breach of trust. After a four-day trial, HHJ Monty QC rejected the claimant's evidence, found there was no JVA, and dismissed the entire claim. He is also instructed in Mashal v Javed & Others (BL-2023-001501), a complex asset tracing claim concerning the misappropriation of investment funds through a network of corporate vehicles.

Commercial Finance & Security Enforcement

Jeff is instructed in high-value disputes concerning commercial lending and the enforcement of security. In Re: S (2025), he is instructed to advise a high-net-worth individual on issues concerning a £20m+ bridging loan secured by a debenture over a £40m+ matrimonial home, including the enforceability of a default interest rate and strategies for resisting the appointment of LPA receivers by the lender.

Commercial Fraud

Jeff has a well-regarded reputation in high-value commercial and chancery disputes involving allegations of fraud, deceit, and dishonesty. He is an expert in tracing and recovering misappropriated assets, unwinding fraudulent transactions, and handling claims for breach of fiduciary duty.

• Re: An Art Investor (2024): Jeff was instructed to advise a high-net-worth individual in a multi­ million-pound dispute against a major London art gallery. He provided comprehensive advice on claims for fraudulent and/or negligent misrepresentation, breach of contract, and breach of fiduciary duty arising from the sale of several high-value contemporary artworks.
• Matt v Fox (2023): In a high-profile case that attracted widespread national press coverage (including in The Times, The Telegraph and the Daily Mail), he acted for the successful claimant before HHJ Raeside KC, recovering €225,000 advanced for a property purchase after successfully arguing claims based on fraud and breach of fiduciary duty.
• Re A Bridging Loan (L10CL391): Jeff was instructed to advise a borrower in a claim against a commercial bridging lender for relief from an alleged unfair credit relationship under the Consumer Credit Act 1974. The case involved defending a c.£1.5m claim on the basis of a non­est factum defence �nd allegations of misrepresentation by the lender's agents.
• Tibbs v Tibbs (2020) EWHC 2769 (Ch): Jeff acted for the claimant in a long-running, highly acrimonious family dispute over substantial loans made in a property context. Following a multi-day High Court triat involving cross-allegations of fraud, forgery, and intimidation, Deputy Master Linwood conducted a detailed account and inquiry into the complex financial transactions.
• Diya Mirza v Ahmed & Others (PT-2024-001151): Jeff was instructed to obtain urgent relief to freeze the assets of a deceased's estate amidst allegations that a fraudulent will had been created specifically to defeat a substantial judgment creditor.
• Re: G Estate (2025): Jeff is instructed for a claimant son in a high-value undue influence and breach of fiduciary duty claim, seeking to set aside a lifetime transfer of his late mother's property into joint names with his sister. The claim also includes seeking an account for substantial lifetime cash withdrawals (c.£85,000).
• Parkfield v Parkfield (Osterley) Ltd (2024): Jeff successfully acted to set aside a fraudulent transfer of a freehold, where the court found the key trust document relied on by the defence had been fabricated.
• Mashal v Javed & Others (BL-2023-001501): Jeff is currently instructed for claimants in a complex asset tracing claim concerning the misappropriation of c.£834,000 of investment funds, which were allegedly used to purchase several properties through a network of companies now in administration. The claim seeks declarations of trust over those properties and involves arguments of sham.
• Re: A Property Transaction (Kl0CL077): Jeff acted for a claimant solicitor's firm in a claim to set aside a property transfer under s.423 of the Insolvency Act 1986 as a transaction intended to defraud creditors. The case involved complex issues of sham trusts and the transferor's mental capacity.

Insolvency & Restructuring

Jeff has a comprehensive insolvency and restructuring practice, acting for a wide range of clients including creditors, debtors, company directors, officeholders, and secured lenders. His expertise covers the full spectrum of corporate and personal insolvency matters.

Corporate Insolvency & Winding-Up

• Meller v Berkshire Assets (Wokingham) limited [DR-2023-007043]: Defending the respondent company in a winding-up petition arising from the collapse of a £100m+ property development scheme in Kew. The defence was based on the alleged c.£590,000 debt being subject to a substantial dispute governed by a complex 'Roll-In Agreement'.
• Re A Property Developer (2025): Instructed to advise a secured lender on its rights and remedies following a default on c.£23m in development loans, including advice on the appointment of LPA receivers and the impact on purchasers with Agreements for Leases.
• Abyaar Properties Ltd (PT-2023-000109): Acted for the claimant in the High Court to obtain a vesting order under s.44 of the Trustee Act 1925 in respect of a £17m leasehold property, following the dissolution of an overseas company.
• Re A Deadlocked Company (CR-2024-003439): Instructed by the executors of a deceased sole shareholder and director to advise on an application to rectify the company's register of members under s.125 of the Companies Act 2006 to overcome a corporate governance deadlock.

Personal Insolvency & Bankruptcy

• Boulton v Queen Margaret's School, York ltd [2018] 10 WLUK 490: Appeared unled in the High Court on an appeal to set aside a bankruptcy order. His arguments were described by Mr Justice Arnold as "ingenious".
• He v Peng (2024): Instructed to act for an applicant seeking to set aside a c.£550,000 statutory demand on the grounds that it was served during a Debt Respite Scheme moratorium and that the underlying dispute was governed by Chinese law.

Misfeasance. Preferences & Transactions to Defraud Creditors

• Green v Byrne (CR-2018-003853): Acted for the former directors of a company in defending a multi-faceted claim brought by a liquidator alleging preference payments, transactions at an undervalue, and misfeasance. The case concerned complex international business dealings involving teak plantations in Brazil. Successful outcome with the liquidator dropping the case the day before the trial started.
• Mashal v Javed & Others (BL-2023-001501): Currently instructed for claimants in a complex asset tracing claim concerning the misappropriation of c.£834,000 of investment funds, which were allegedly used to purchase several properties through a network of companies now in administration.
• Re: A Property Transaction (Kl0CL077): Acted for a claimant solicitor's firm in a claim to set aside a property transfer under s.423 of the Insolvency Act 1986 as a transaction intended to defraud creditor.

ADR