Property and Estates
Martin's principal area of practice covers property and chancery work.
His property practice includes the following aspects:
- Restrictive covenants
- Adverse possession
- Equitable ownership disputes
- Proprietary estoppel claims
- Conveyancing disputes
- Land registration
- Commercial and residential landlord and tenant disputes
- Property related undue influence/rectification/non est factum disputes
- Property related nuisance claims (including flooding cases)
His chancery practice includes the following aspects:
- Contentious probate
- Inheritance Act claims
- Partnership disputes
- Passing off/trade marks
He appears regularly in the County Court, the High Court and the Court of Appeal and in Land Registry adjudication proceedings. He also undertakes all related professional negligence claims.
Notable cases include:
Greatorex v Newman 2008 EWCA Civ 1318
Derbyshire County Council v Fallon 2007 EWHC 1326 Ch
Lloyd-Wolper v Moore 2004 1 WLR 2350
Martin deals with all aspects of contentious probate involving challenging the validity of wills on the grounds of formality, incapacity, lack of knowledge and approval and undue influence. He also undertakes Inheritance Act claims.
In the case of Re Wills, which involved four separate actions, he acted for the executors and principal beneficiaries, firstly enabling the deceased to be cremated, secondly in having a later will set aside on the grounds of undue influence and lack of knowledge and approval, thirdly in defeating an Inheritance Act claim and fourthly in obtaining a possession order in respect the deceased’s house.
Martin will always seek to resolve what are often acrimonious family disputes in a sensitive and constructive manner and acting for parties in mediation now forms a substantial part of the his probate practice.
- BA (Cantab)