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Evie Barden

Call: 2014
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Practice Summary

Evie has a successful practice that spans the full range of property litigation, with particular strength in cases which involve an insolvency, company or commercial element.

Evie joined Landmark Chambers in 2020 after many years at Enterprise Chambers where she gained valuable experience across all aspects of Property Law. Prior to this, she went on secondment to Mishcon de Reya LLP’s Property Litigation department where she gained a wide range of commercial and residential real estate litigation experience, Evie has acted on a number of property and commercial Chancery cases as a junior. She is also often instructed as sole counsel, frequently appearing in the County Court, the First-tier Tribunal and the High Court.

Evie is on the Attorney General’s C Panel of Junior Counsel to the Crown.

Evie regularly contributes to Estates Gazette and Practical Law Company on property related topics.

Property Law

Evie’s practice is focused on property litigation, covering a broad range of residential and commercial property cases. Her experience covers landlord and tenant cases, leasehold enfranchisement, party walls, easements, trusts, and cases involving security interests.

Recent cases include:

  • Along with Zia Bhaloo QC, acting as junior counsel for the claimant in a claim for declarations and an account into the sums due to the claimant in respect of rent, estimated to be between £9 million and £11 million, arising out of several hundred residential properties which the claimant supplied to a local housing authority pursuant to oral agreements.
  • Along with Zia Bhaloo QC, acting as junior counsel for a tenant in a claim for declarations and an injunction restraining construction works at a shopping centre being carried out in derogation from grant and/or in breach of lease which the tenant estimated would cause multi-million pound losses as well as reputational damage.
  • Acting for a landlord at all stages, including successfully at trial, in a claim for possession of a Kensington mews house following forfeiture, in which the tenant alleged fraudulent misrepresentation and deceit.
  • Acting for a foreign state in respect of an application for relief from forfeiture of a commercial property in central London.
  • Acting for the trustees of a rugby club at a two-day trial in the First-tier Tribunal in respect of claim for a prescriptive right of way.
  • Acting for the owner of an elderly care home in a committal application arising from breaches of an injunction by the son of a resident who was harassing members of staff and residents.
  • Advising and drafting proceedings for injunctive relief in respect of trespass and breaches of the Party Wall etc Act 1996.
  • Acting for a number of property development companies in obtaining various orders for possession of development properties in London occupied by trespassers.
  • Drafting proceedings and appearing at trial for a licensee of agricultural premises in relation to a claim that the licence had been frustrated.

Insolvency & Restructuring

Evie regularly acts on a variety of insolvency and restricting 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.

Her recent experience includes:

  • Acting for trustees of a bankruptcy in a claim for possession of a property held on trust which is alleged to be a sham, including at the 2 day trial of the trustees’ application.
  • Appearing for the respondent in an appeal concerning the application of Hong Kong law to an application to set aside a statutory demand.
  • Appearing for the liquidator in Re Cre8atsea Ltd [2016] EWHC 2522 (Ch), the leading case on applications for extensions of time in relation to rescissions of winding up orders.
  • Acting for the liquidators of Tiuta International Limited in relation to an application to set aside a statutory demand for liabilities under a personal guarantee in the High Court and the subsequent enforcement of a costs award for the liquidators.
  • Advising several hundred off-plan purchasers in relation to the impact of the potential compulsory liquidation of the developer as well as their rights in such an event and property law remedies.
  • Advising a landlord on the potential opposition to the appointment of liquidators by deemed consent, as well as the consequences of CVL on a rent deposit and disclaimer.
  • Appearing for a qualifying floating chargeholder on an urgent application for a retrospective administration order in circumstances where a prior appointment of administrators out of court was called into question.

Company

Evie is a contributor to 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.

Recent experience includes:

  • Regularly advising on and appearing in relation to urgent applications to restore companies, including in relation to a company dissolved during the course of High Court litigation.
  • Regularly appearing on applications to suspend the dissolution of companies following the release of the liquidator in CVL, including in relation to putative group action proceedings in the High Court arising out of solicitors’ negligence relating to property fraud.
  • Regularly advising and appearing on applications arising out of the registration of company charges.
  • Advising on the obligations of company directors for the purposes of proceedings in the Beth Din.
  • Advising on a prospective unfair prejudice petition where a director in a quasi-partnership was accused of stealing the company’s confidential information.
  • Advising a company director on the consequences of potential breaches of permission from the court to act as a director while disqualified.

Commercial

Evie is regularly instructed on a variety of commercial cases, in particular those involving equitable remedies, agency, mortgages, guarantees and receivership as well as general contractual disputes.

Recent experience includes:

  • Acting as part of a team drafting proceedings in respect of an action arising from the Samarco Dam collapse in Brazil on behalf of various corporate Claimants against BHP Billiton plc, issued in the High Court in Liverpool.
  • Advising in relation to and appearing before Master Price on a summary judgment in Taparis Limited v Siddiqi, a claim for specific performance of a share sale agreement worth £2.3 million.
  • Advising for a bank in relation to the enforcement of liabilities under several guarantees of company liabilities and the validity of demand notices.
  • Advising and drafting a claim for a consultancy firm against the former chairman of the bank, in respect of a claim for fees and/or in unjust enrichment for the services rendered by the firm for reputational management services arising out of money laundering charges brought against the former chairman.

Career and Associations

New College, Oxford (BA, English, First Class)

Kaplan Law School (GDL, Distinction; BPTC, Outstanding)

Member of the Chancery Bar Association

Member of the Property Bar Association

Member of the Agricultural Lawyers Association

Publications

Gough on Companies Charges, 2019 edition

‘Whose right is it anyway? Recent developments in the ‘special’ agency of LPA receivers’.

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