Cheryl Jones analyses Ellis v John Hodge Solicitors (a firm) EWHC 2284 (Comm), a case which raises the relevance of the long established right of the lien. Cheryl examines in particular the circumstances in which the power of the lien may be in turn strengthened or weakened.
Clerk Details
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Overview
Cheryl Jones is a well regarded senior member of the Commercial, Costs and Property & Trusts teams.
Her commercial work includes extensive experience of Directors duties, corporate governance as well as detailed analysis of contracts and other documentation. Cheryl is an insolvency specialist, dealing with both personal and corporate insolvencies and related issues. In her Costs practice, she has extensive experience of contested Security for Costs applications, Costs budgeting, non-contentious advisory work and drafting Points of Dispute/Replies, particularly in solicitor/client costs and issues arising from Conditional Fee Agreements.
Her probate practice is extensive and she is known for her expertise in dealing with cases which have unusual or cross-border elements, as well as disputes over funeral/burial arrangements.
She is a qualified mediator and an Associate Member of the Chartered Institute of Arbitrators. She is also a member of the the Bar Pro Bono Unit (Advocate).
Cheryl sits as a Recorder in both Civil and Criminal and is also Deputy Insolvency and Companies Judge, sitting in the High Court.
Expertise
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Commercial Add this expertise to your shortlist Cheryl Jones is an experienced commercial and traditional chancery barrister with an established High Court practice. Her practice encompasses commercial litigation, company and shareholder disputes, insolvency and trusts disputes. She welcomes instructions in the following areas:
- Company Voluntary Arrangements (CVA)
- Injunctions preventing the presentation of a petition
- Director’s disqualification
- Transactions at an undervalue and preferences, wrongful trading and misfeasance
- Applications to set aside statutory demands and bankruptcy petitions
- Applications by trustees in respect of real property
- Income Payment Orders (IPO)
- Third party applications.
Cheryl Jones regularly acts on behalf of both applicants and respondents in urgent applications out of court hours and haves particular experience in relation to:
- Freezing Injunctions
- Prohibitory injunctions
- Norwich Pharmacal Orders
- Search Orders
She regularly advises and acts for insolvency practitioners, trustees, creditors and debtors and individuals in relation to a wide variety of matters. Also being a part-qualified accountant, not only gives Cheryl the ability to deal with complicated factual issues as well as the legal complexities, but also the ability to assimilate accounts quickly and efficiently.
Recent cases
- Blackburn v Southwell [2014] EWCA Civ 1347 - a ground breaking claim in proprietary estoppel on behalf of the successful claimant
- In re Nicholas Christou [2014] EWHC 79 (Ch) - allegations of fraud and forgery against an executor
- Foxholes Nursing Homes Ltd v Accora Ltd [2013] EWHC 3712 (Ch) - an application to restrain the presentation of a winding up petition
- Agarwala v Agarwala [2013] EWCA Civ 1763 - appeal in respect of a beneficial interest in a commercial property
- Duncan v Duncan [2013] EWCA Civ 1407 - a party he had previously represented
- Hope v Knight [2010] EWHC 3443 (Ch) - Inheritance Act Claim by long-estranged wife and child against estate of husband
- Representing liquidators against directors in complex claims for misfeasance, transactions at an undervalue and preferences
- Representing a bankrupt in claims against trustees in bankruptcy who are alleged to have acted against the interest of the bankrupt in the residue of the estate
- Representing a bankrupt in a disputed Centre of Main Interests petition.
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Property and Estates Add this expertise to your shortlist Cheryl’s property and private client practice encompasses trusts of land and proprietary estoppel, as well as boundary disputes. She has an extensive knowledge of and practice in probate and trusts issues and has dealt with a number of cases involving disputes over burial arrangements.
Cheryl sits in the High Court as a Deputy Insolvency and Companies Court judge, dealing with high value bankruptcies, , as a and as a Specialist Chancery, Civil and Criminal Recorder. She is also a trained mediator.
Speaking
With a background in lecturing at Westminster University, Cheryl welcomes any opportunity to give talks in all the areas in which she practices. She aims to give clear, precise and uncomplicated talks that are of long term practical use to solicitors, barristers and anyone with an interest in the subject.
Her more recent interesting cases include:
- Agarwala v Agarwala [2016] EWCA Civ 1251; [2017] 1P&CR DG17 - relating to the date from which a trustee in breach of her trust was no longer acting unlawfully; calculations of equitable damages by a trustee and other associated issues
- In re Castrillon (High Court) (2016) with elements of Colombian law, alleged undue influence and fraud. Settled by way of mediation to client’s satisfaction
- In re Freud (High Court) (2016), on an intestacy where a brother and sister could not agree the burial arrangements for their deceased mother or the subsequent disposition of the estate
- In re Kramer (High Court) (2016), a claim by personal representatives for declarations under the Trusts of Land & Appointment of Trustees Act 1996 in conflict with previous decisions of a religious court and need for accounting from executor de son tort.
- Blackburn v Southwell [2014] EWCA Civ 1247 [2015] 2 FLR 1240 - representing a co-habitee claiming estoppel against her former partner
- Christou (Pittas v Christou) [2014] EWHC 79 (Ch) - acting for the executor in highly contested claim, subsequently advising on the retention of costs from the Defendant’s inheritance after the Defendant’s bankruptcy
- Gabitass v Watkins (High Court) (2014), successfully resisting a claim by a stepson for provision from an estate on the grounds that he did not come within the act.
- In re Agarwala (2014), successfully setting aside two wills on the grounds of forgery and entering Indian will to probate against allegations of malpractice and fraud from the unsuccessful brothers.
- Duncan v Duncan [2013] EWCA Civ 1407 - appeal against a finding of conflict of interest in relation to a barrister acting for one party against a party he had previously represented.
- Agarwala v Agarwala [2013] EWCA Civ 1763 - appeal in respect of a beneficial interest in a commercial property.
- In Re Sanussi - consideration of the laws of intestacy where the deceased had multiple legal wives in Nigeria but had English property to be divided.
- Many other cases involving advising and bringing claims for undue influence, want of knowledge and approval or incapacity; Inheritance (Provision for Family & Dependants) Act 1975; to remove executors/personal representatives; property claims by executors/personal representatives.
Cheryl believes that strenuous efforts should be made in all cases to settle matters without the need for a trial, and many of her cases do settle at mediation, but she is a fearless advocate for her client when it is clear that no sensible settlement can be reached.
Although Cheryl is officially located in the London Office of 3PB, and is particularly well placed to accept instructions in London, she also accepts instructions throughout the Midlands, South East and in Bristol. She is computer literate, providing swift and lucid advices by email if so desired.
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Mediation Add this expertise to your shortlist Cheryl is an experienced barrister practicing in the areas of Chancery and Family Law and has a practical and down-to-earth approach to all her work, coupled with intellectual rigor.
She also sits as a Recorder and a Deputy Insolvency and Companies Judge, sitting in the High Court.
Cheryl’s judicial experience, coupled with an ability to think laterally gives her a real advantage when acting as a mediator. She understands the day to day concerns of the lay client and the sensitivities ADR can bring, and as such is willing to take as much time as is necessary to reach a resolution - at times taking the less travelled path and looking at creative solutions to the apparently insoluble.
She is flexible in her approach and appreciates that even in apparently straightforward matters, there may be underlying emotional issues which have to be acknowledged and addressed in order to give the best chance of settling the actual legal issues. In those matters, Cheryl will address and value the emotional issues, without allowing them to get out of hand or to interfere with a sensible settlement.
Where the issues are practical or legal, she will seek to assist the parties to look at alternative solutions of ways of solving them. It is her experience that it is often the issues that appear to be trivial which are of greatest importance to one or more of the parties.
Cheryl encourages parties to resolve matters in a sensible and workable way, reaching an agreement which is clear and unambiguous. Where necessary she will assist with the drafting of an agreement.
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Articles -
Ellis v John Hodge Solicitors (a firm): the death of the lien?
20th Sep 2022View Article -
SUSPENSION OF WRONGFUL TRADING PROVISIONS: A lifeline or a noose?
15th Apr 2020View Article3PB barrister Cheryl Jones writes about wrongful trading and provides an update on what's changing in the light of the current COVID-19 pandemic.
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Suspension of Wrongful Trading Provisions
15th Apr 2020View ArticleCheryl Jones writes about wrongful trading and provides an update on what's changing in the light of the current COVID-19 pandemic.
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The meaning of deleted terms; and IVAs in the Court of Appeal
2nd Sep 2016View ArticleThe meaning of deleted terms and voluntary arrangements in the Court of Appeal by Cheryl Jones - Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88.
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Recommendations 'Cheryl is an excellent advocate, helping the judge to see things from her client's point of view and a fierce cross-examiner. She leaves no stone unturned in the interests of her client.'
Legal 500 2024/Private Client: Trusts and Probate/Leading Junior/London Bar
‘Cheryl is, quite simply, a class act. She prepares meticulously and is absolutely on top of the case when she appears in court. Her cross-examination is incisive and her analysis of the law and facts in her submissions is excellent.’
Legal 500 2024/Chancery, Probate and Tax/Leading Juniors/Western Circuit
'An expert in the field. She has a planet-sized intellect and is very supportive and approachable.'
Legal 500 2023/Chancery, Probate and Tax/Leading Juniors/Western Circuit
‘Cheryl has in-depth knowledge of the law pertaining to trusts and probate matters. She is very dedicated and goes the extra mile to achieve the desired result. Responsive, decisive and client-friendly.’
Legal 500 2022/Chancery, Probate and Tax/Leading Juniors/Western Circuit
"Cheryl Jones at 3PB remains active in Chancery work, with a particular focus on wills, trusts, and probate matters, with recent instructions concerning the removal of executors, and contested letters of administration, as well as time-sensitive matters such as urgent freezing injunctions against estate administrators."
‘Her legal knowledge and approachable style allow her to provide excellent service, particularly to direct access clients.’
Legal 500 2021/Chancery, Probate and Tax/Leading Juniors/Western Circuit
‘An excellent Chancery junior.’
Cheryl Jones at 3PB specialises in Chancery work, and is recommended for her 'dedication and commitment'.
Legal 500 2020/Commercial, banking, insolvency and Chancery law/Leading Juniors/Western Circuit
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