Amanda Eilledge

Areas of expertise

• Property
  • Commercial landlord & tenant

    Commercial landlord & tenant

    Amanda acts in a wide range of commercial landlord and tenant matters including agricultural tenancies. She has particular expertise in property insolvency issues such as disclaimer, forfeiture following insolvency and licences to occupy following administration.

    Amanda wrote the insolvency chapter of Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

    Recent Cases:

    • Advising receiver on the application of CVA of well-known hotel chain to a leasehold property managed by him with a guarantee worth millions. Case involved the interplay between the guarantee and the CVA and required a technical knowledge of both property and insolvency law.
    • SEC of the Seventh Day Adventist Church v Albert & Ors (Central London Chancery List): a dispute concerning possession of a school owned by the church where the defendant raised defences of proprietary estoppel and rectification.
    • Regularly acts for breweries in forfeiture claims.
  • Development & planning

    Development & planning

    Amanda advises her developer clients on issues such as the enforceability of restrictive covenants, easements including rights to light and claims for injunctive relief.

    Recent Cases:

    • Advising developer on potential interference of right of way caused by erection of scaffolding and likelihood of dominant owner obtaining an injunction to stop the build.
    • Construction of demise in lease and ability of developer landlord to build on the roof of a multi- million pound building in South West London.
    • Advice on enforceability of restrictive covenant involving a church.
    • Murphy v Lambeth LBC02.16 (ChD). Acted for property developer in claim concerning construction of a lease and rectification of the register under Schedule 4 of the Land Registration Act 2002.
  • Leasehold & leasehold management

    Leasehold & leasehold management

    Amanda handles a variety of disputes including forfeiture for breach of covenant and enfranchisement claims and is particularly valued for her expertise in disputes with a company law aspect.

    Recent Cases:

    • Advising long leaseholders in a building on a potential claim for breach of fiduciary duty against the directors of the freehold company in connection with their management of the building.
    • Advising on forfeiture of lease purchased from company (now dissolved) where forfeiture took place during the registration gap.
    • Yeung v Potel & Summers [2014] WECA Civ 481; [2014] H.L.R. 35 [2014] 2 P. & C.R. DG9 Court of Appeal: Amanda represented the appellant in an appeal against awarding damages for trespassing and nuisance. This is now the leading decision on the construction of reservations and the implication of reservations in leases.
    • Advising on the prospects of success of a s.994 petition against the majority shareholders/leaseholders arising out of the majority’s proposals to extend their own leases.
    • Acting for reversioner of residential property opposing long leaseholders’ application to purchase the freehold on the ground he is a resident landlord.
    • Acting for long leaseholder in forfeiture proceedings involving alleged breach of live/work user covenant.
    • Alleyn Court RTM Co Ltd v Abou-Hamdan Upper Tribunal (Lands Chamber) [2012] UKUT 74 (LC) landlord and tenant dispute raising issues as to notices and the right to manage.
    • Defending claim for an injunction and damages in respect of severe water penetration in a multi-million pound flat.
  • Real property & mortgages

    Real property & mortgages

    Amanda’s real property practice includes, co-ownership, land registration and conveyancing issues, boundary disputes, easements, restrictive covenants and professional negligence claims arising out of property transactions. Many of her clients are conveyancing solicitors and mortgagees who need advice quickly on issues that arise in the course of a conveyancing transaction. She has particular expertise in insolvency and fraud related property work. She undertakes drafting work eg overage clauses. For further details of her mortgage work, please see the Banking & Finance Section in Commercial Litigation.

    Amanda wrote the insolvency chapter of Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

    Recent Cases:

    • Multi party dispute arising out of the forgery of signatures on several transfers by a co-owner. Complicated by subsequent bankruptcy of alleged fraudster. Issues include rectification of the land register to delete subsequent charges, setting aside transactions under insolvency legislation, subrogation and restitutionary claims, equitable accounting.
    • Advising owners of a property portfolio worth £20m+. Issues included the validity of the appointment of LPA receivers by the mortgagee, conduct of receivers subsequent to the appointment and professional negligence claim against their former solicitors.
    • Advising on validity of a Notice to Complete and forfeiture of deposit in £8m transaction.
    • Advising developer on potential interference of right of way caused by erection of scaffolding and likelihood of dominant owner obtaining an injunction to stop the build.
    • Advice on enforceability of restrictive covenant involving a church.
    • Murphy v Lambeth LBC 02.16 (ChD). Acted for property developer in claim concerning construction of a lease and rectification of the register under Schedule 4 of the Land Registration Act 2002.
    • Advising local authority on statutory rights of town council to occupy the town hall under the Local Authorities (England) (Property etc) Order 1973, SI 1973/1861
    • Co-ownership/partnership dispute concerning a restaurant in Chelsea Harbour and several other restaurants and other residential properties. Obtained injunction against solicitors to prevent distribution of net proceeds of sale prior to the completion of equitable accounting in relation to the property.
    • Piper Trust v Caruso: Amanda acted for a chargee seeking rectification of the land register. Its charge had been removed from register consequent on a forged DSI. The main issue was whether the registrar has power to alter priorities. Referred to and considered in MacLeod v Gold Harp Properties Ltd [2015] 1 W.L.R. 1249.
  • Trusts of land

    Trusts of land

    Amanda advises regularly on trust claims involving real property. Her property insolvency expertise means that she often advises on co-ownership disputes where one of the co-owners is bankrupt.

    Recent cases      

    • Advising trustee on whether declaration of trust could be set aside and whether settlement agreement made overseas could be enforced against property held on trust in England.
    • Advising wife in respect of TUV and preference claims over mortgage repayments made by husband brought by trustee in husband’s second bankruptcy.
    • Co-ownership/partnership dispute concerning a restaurant in Chelsea Harbour and several other restaurants and other residential properties.
    • Acting for wife of bankrupt in defence of claim by trustee in bankruptcy for order for sale. Main issues were the extent to which the equity of exoneration and equitable accounting principles reduced trustee’s share of the family home.
• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Amanda regularly deals in mortgage related work acting for banks, receivers, other mortgage lenders and individuals. Her property insolvency and fraud expertise means she is well-placed to advise on issues that may arise in an insolvency or fraud context such as subrogation.

    Recent Cases:

    • Advising owners of a property portfolio worth £20million+. Issues included the validity of the appointment of LPA receivers by the mortgagee, conduct of receivers subsequent to the appointment and professional negligence claim against their former solicitors.
    • Brooks v Northern Rock (Asset Management) Plc (formerly Northern Rock Plc): a consumer credit case which was cited and applied in Sternlight v Barclays Bank Plc [2010] EWHC 1865 (QB).
    • Advising a group of mortgagors as to whether they could prevent a well-known building society from increasing the cap on their mortgage rate. The building society claimed that the credit crunch permitted them to rely upon an “exceptional circumstances” clause in the mortgage allowing them to raise the rate to their standard variable rate.
    • Acted for a mortgage lender against the conveyancing solicitors who acted for the borrower purchaser and the lender in respect of 5 properties. Defendant solicitors failed to secure an undertaking from the vendor’s solicitors to discharge all encumbrances on 3 properties prior to exchange/completion. Unilateral notices had been registered against the titles prior to exchange. Further allegations of negligence, breach of trust and breach of fiduciary duty arising out of the defendant’s payment away of fund advanced for the purchases. Defences raised included consent and contributory negligence.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Amanda is experienced in handling with disputes involving allegations of fraud, breach of fiduciary duty and dishonesty, often involving land.

    Recent Cases:

    • Multi party dispute arising out of the forgery of signatures on several transfers by a co-owner. Complicated by subsequent bankruptcy of alleged fraudster. Issues include rectification of the land register to delete subsequent charges, setting aside transactions under insolvency legislation, subrogation and restitutionary claims, equitable accounting.
    • Amanda acted for companies in the Arcelor Mittal Group and obtained judgment together with post-judgment freezing and disclosure orders against a former director & her partner for breach of fiduciary duty, dishonest assistance & dishonest receipt. Following a 4 day trial and a day’s cross examination of the defendants by Amanda, the judge held, amongst other things that the defendants’ case was “a tissue of lies” and did not believe a word of their evidence.
    • Monks & Crane Industrial Group Limited v Cornwell & Ors [2012] EWHC 388 (QB): this case also involved issues of fraud, breach of fiduciary duty; ex turpi causa and the rules of attribution. Amanda acted for the claimant and obtained judgment for £1.3m against a former senior employee.
    • Piper Trust v Caruso (Adjudicator to HM Land Registry 01.01.09): Amanda acted for a chargee seeking rectification of the land register. Its charge had been removed from register consequent on a forged DSI. The main issue was whether the registrar has power to alter priorities. Referred to and considered in MacLeod v Gold Harp Properties Ltd [2015] 1 W.L.R. 1249.
  • Commercial litigation

    Commercial litigation

    Amanda’s practice covers a wide variety of commercial disputes. She has particular experience of shareholder and joint venture disputes, and also deals with fraud, partnership and disputes involving breaches of duty by directors and senior employees including those with an employment dimension.

    Recent Cases:

    • Amanda acted for companies in the Arcelor Mittal Group and obtained judgment together with post-judgment freezing and disclosure orders against a former director & her partner for breach of fiduciary duty, dishonest assistance & dishonest receipt. Following a 4 day trial and a day’s cross examination of the defendants by Amanda, the judge held, amongst other things that the defendants’ case was “a tissue of lies” and did not believe a word of their evidence.
    • Advising franchisee of household name estate agency regarding the construction of the franchise agreement and alleged breaches of the agreement by both franchisor and franchisee. Acting on behalf of the claimant in a high-value telecommunications case which concerned unpaid commissions in respect of intelligent network services across Europe.
    • Monks & Crane Industrial Group Limited v Cornwell & Ors [2012] EWHC 388 (QB): this case involved a fraud by a senior employee on his employer and its customers . Issues included breach of fiduciary duty, ex turpi causa and the rules of attribution. Amanda acted for the claimant and obtained judgment for £1.3m against a former senior employee.
    • Brooks v Northern Rock (Asset Management) Plc (formerly Northern Rock Plc): a consumer credit case which was cited and applied in Sternlight v Barclays Bank Plc [2010] EWHC 1865 (QB).
    • Advising a group of mortgagors as to whether they could prevent a well-known building society from increasing the cap on their mortgage rate. The building society claimed that the credit crunch permitted them to rely upon an “exceptional circumstances” clause in the mortgage allowing them to raise the rate to their standard variable rate.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Amanda has considerable experience of disputes involving shareholder and directors, particularly where real property is involved.

    She also regularly handles partnership and joint venture cases where her knowledge of insolvency, employment and property law proves particularly useful. She has been involved in two leading decisions in this area, one at Court of Appeal level.

    Recent Cases: 

    • Amanda acted for companies in the Arcelor Mittal Group and obtained judgment together with post-judgment freezing and disclosure orders against a former director & her partner for breach of fiduciary duty, dishonest assistance & dishonest receipt. Following a 4 day trial and a day’s cross examination of the defendants by Amanda, the judge held, amongst other things that the defendants’ case was “a tissue of lies” and did not believe a word of their evidence.
    • Advising long leaseholders in a building on a potential claim for breach of fiduciary duty against the directors of the freehold company in connection with their management of the building.
    • Advising on the prospects of success of a s.994 petition against the majority shareholders/leaseholders arising out of the majority’s proposals to extend their own leases.
    • Advising client in respect of impending dissolution of solicitors’ practice. Former LLP, now a company structure.
    • Bishop v Golstein [2014] EWCA Civ 10; [2014] Ch 455 (CA): Now the leading decision on the interplay between section 35(d) of the Partnership Act 1890 and contractual principles. The court recognised that it is necessary to have a mechanism in law enabling a partner who has been squeezed out of the partnership by as a result of another partner’s conduct over several years to claim compensation for consequential loss. Contractual doctrines such as affirmation and the “last straw” principle are not directly applicable to a discretionary dissolution under Section 35(d) of the Partnership Act 1890.
    • Golstein v Bishop [2014] Ch 131: confirms that a partnership cannot be terminated automatically by acceptance of a repudiatory breach of the partnership even in two partner firm. The decision also contains valuable insight into the type of conduct which is sufficient to give rise to a dissolution under section 35(d) of the Partnership Act 1890. This case is also reported at [2013] B.P.I.R. 708 (Ch) on the construction of Mr Bishop’s Individual Voluntary Arrangement and whether costs fell within the IVA.
    • Co-ownership/partnership dispute concerning a restaurant in Chelsea Harbour and several other restaurants and other residential properties. Obtained injunction against solicitors to prevent distribution of net proceeds of sale prior to the completion of equitable accounting in relation to the property.
    • Ongoing partnership dispute including an account between family members concerning numerous properties in London.
    • Partnership and joint venture dispute concerning a development in North London. Settled after Amanda successfully excluded the defendant’s expert evidence at the PTR.
  • Employment & executive disputes

    Employment & executive disputes

    Amanda regularly acts for and against directors in claims arising out of breach of fiduciary duty and claims under the Insolvency Act 1986. She also has considerable experience of injunctive proceedings involving restrictive covenants.

• Insolvency & restructuring
  • Corporate insolvency

    Corporate insolvency

    Amanda was part of the Gatehouse Chambers team which rewrote Atkins Corporate Insolvency Forms. She has particular expertise in property related insolvency and advises on matters such as disclaimer, escheat and dealing with real property following a company dissolution.

    Amanda wrote the insolvency chapter of Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

    Recent Cases:

    • Advising receiver on the application of CVA of well-known hotel chain to a leasehold property managed by him with a guarantee worth millions. Case involved the interplay between the guarantee and the CVA and required a technical knowledge of both property and insolvency law.
    • Advising on forfeiture of lease purchased from company (now dissolved) where forfeiture took place during the registration gap.
  • Personal insolvency

    Personal insolvency

    Amanda has particular expertise in co-ownership disputes with trustees in bankruptcy.

    Amanda wrote the insolvency chapter of Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

    Recent Cases:

    • Advising wife in respect of TUV and preference claims over mortgage repayments made by husband brought by trustee in husband’s second bankruptcy.
    • French v Connolly: acted for wife of bankrupt in defence of claim by trustee in bankruptcy for order for sale. Main issues were the extent to which the equity of exoneration and equitable accounting principles reduced trustee’s share of the family home.
  • Property insolvency

    Property insolvency

    Amanda advises liquidators, administrators and trustees as well as individuals on property issues arising in the context of an insolvency or company dissolution including breach of fiduciary duty and TUV claims, preferences and transactions defrauding creditors.

    Amanda wrote the insolvency chapter of Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

    Recent Cases:

    • Multi party dispute arising out of the forgery of signatures on several transfers by a co-owner. Complicated by subsequent bankruptcy of alleged fraudster. Issues include rectification of the land register to delete subsequent charges, setting aside transactions under insolvency legislation, subrogation and restitutionary claims, equitable accounting.
    • Advising receiver on the application of CVA of well-known hotel chain to a leasehold property managed by him with a guarantee worth millions. Case involved the interplay between the guarantee and the CVA and required a technical knowledge of both property and insolvency law.
    • Golstein v Bishop [2013] EWHC 1706 (Ch): application by claimant for interim payment. Defended on the basis that, as a matter of construction, the costs fell within the defendant’s IVA. Application dismissed.
    • Advising wife in respect of TUV and preference claims over mortgage repayments made by husband brought by trustee in husband’s second bankruptcy.
    • Defending a claim by LPA Receiver on Consumer Credit grounds
    • Acting for wife of bankrupt in defence of claim by trustee in bankruptcy for order for sale. Main issues were the extent to which the equity of exoneration and equitable accounting principles reduced trustee’s share of the family home.
    • Re Silverstone (a bankrupt): application by the bankrupt’s husband as a creditor to remove the trustee, a consultant at KPMG. The complaint related to the decisions made by the trustee for dealing with the bankrupt’s property assets.
• Contentious Probate & Inheritance Act claims

  Contentious Probate & Inheritance Act claims

  Amanda advises on clients on Inheritance Act claims involving real property.

• Professional liability
  • Property Professionals

    Property Professionals

    Amanda regularly handles professional negligence claims involving property transactions.   Her experience in relation to claims involving legal professionals such as solicitors and barristers (including claims of breach of warranty of authority) can be found at the Professional liability – legal professionals section of her profile.

    Contributed to Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

     

  • Legal professionals

    Legal professionals

    Amanda’s conveyancing expertise means that she is regularly consulted in professional claims against solicitors and barristers involving property transactions.

    Recent cases

    • Acted for claimant against former solicitor and his barrister, who between them had issued proceedings for damages for disrepair against the original landlord, who was the incorrect defendant, following the decision Avonridge Property Co Ltd v Mashru (also known as London Diocesan Fund v Phithwa ) [2005] UKHL 70 . The defendants blamed each other. Settlement reached.
    • Advising owners of a property portfolio worth £20m+. Issues included the validity of the appointment of LPA receivers by the mortgagee, conduct of receivers subsequent to the appointment and professional negligence claim against their former solicitors.
    • Acted for a mortgage lender against the conveyancing solicitors who acted for the borrower purchaser and the lender in respect of 5 properties. Defendant solicitors failed to secure an undertaking from the vendor’s solicitors to discharge all encumbrances on 3 properties prior to exchange/completion. Unilateral notices had been registered against the titles prior to exchange. Further allegations of negligence, breach of trust and breach of fiduciary duty arising out of the defendant’s payment away of fund advanced for the purchases. Defences raised included consent and contributory negligence.
    • Advising client who had instructed his solicitors to grant a lease extension to one of the leaseholder in his building. By mistake his solicitor sold the freehold to the leaseholder instead.
    • Amanda represented the defendant, a man in his 80s whose former son-in-law was seeking to evict him from his home. Issues included whether undue influence of client’s solicitors afforded him a defence to the possession claim. Claim brought against solicitors enabling three way settlement to be negotiated.