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Aidan Briggs  
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Practice Overview


Aidan Briggs has established himself as a specialist advocate and advisor in traditional chancery and real property disputes. His regular trial experience in the High Court, Court of Appeal and the specialist property tribunals give him the edge in the courtroom and make him a favourite for factually complex cases.

 

Aidan’s chancery practice covers contested probate and 1975 Act claims, partnership disputes and also contentious trusts work, both on- and offshore. His property practice covers all kinds of real property disputes, from commercial landlord and tenant disputes to trusts of land. He has built up specialist expertise in rural property, including agricultural tenancies, partnerships, and Agricultural Property Relief from Inheritance Tax.

 

Aidan has contributed to the most recent editions of Lewin on Trusts (20th Ed.) and Williams, Mortimer & Sunnucks on Executors, Administrators and Probate (21st Ed.). His writing has appeared in Trusts & Trustees, the Wills & Trusts Law Reports and the New Law Journal.

 

Aidan also practices as a mediator in relation to private client, property and commercial disputes.

 

  • Trusts and Estates
    • Since appearing in the leading case of Ashkettle v Gwinnett [2013] EWHC 2125 (Ch), Aidan has been sought out for contested probate actions and claims under the Inheritance Act 1975 for his in-depth legal knowledge and skill as a cross-examiner, particularly where capacity is in issue or there are allegations of undue influence. His recent experience has particularly involved estates spanning several jurisdictions with multiple fora of litigation and competing probate jurisdictions.

       

      Aidan also advises in domestic and offshore trust disputes, including applications for the removal of trustees, Beddoe applications and VTA claims. He is competent to advise on the capital gains and inheritance tax consequences of most trust transactions, particularly where these overlap with variations to estates under s.144 IHTA. He is advising several beneficiaries of ‘home loan’ schemes.

       

      Aidan has extensive experience in partnership and charity disputes, having advised a number of churches, charities and small partnerships on claims against negligent trustees, Charities Act 2006 proceedings and the ownership of charity or partnership assets.

       

      Aidan has contributed to the most recent editions of Lewin on Trusts (20th Ed.) and Williams, Mortimer & Sunnucks on Executors, Administrators and Probate (21st Ed.). He has particular expertise in the disclosure obligations of trustees under the GDPR.

       

  • Property
    • Aidan’s property practice is focussed on trusts of land, property fraud and injunctive relief. He recently appeared in Saeed & Saeed v Ibrahim & Ors [2018] EWHC 1804 (Ch); a complex warehousing fraud involving forged documents and six different property transactions under scrutiny, with issues of illegality and limitation all at play. He often advises the victims of property fraud regarding rectification or professional negligence claims.

       

      Aidan recently addressed the annual conference of the Agricultural Lawyers’ Association and is competent to advise on all aspects of rural property law, including agricultural tenancies, proprietary estoppel claims and applications to register Town or Village Greens under the Commons Act 2006. He recently appeared in Re Jenkins [2016] EWHC 426 (ch), defending one of six beneficiaries of a 400-acre estate on the Isle of Wight.

       

      He is also confident preparing and presenting applications for injunctions relating to property. He recently acted against Thames Water in High Court injunction proceedings seeking to stop a major residential development. He acts in all manner of boundary and right-of-way disputes.

       

  • Commercial Litigation
    • Aidan is comfortable in commercial disputes of all shapes and sizes. He acted in the Blacklisting litigation with probably the largest disclosure exercise in history, and is currently instructed in £2.5 million fraud proceedings arising out of the catering arrangements at the Silverstone race track. He is often instructed to defend the spouses or beneficiaries of alleged fraudsters against s.423 applications to recover assets, or in tracing claims.

       

      He recently appeared in Rush Hair v Gibson-Forbes [2016] EWHC 2589 (QB) – resisting injunction proceedings determined at a speedy trial, to enforce restrictive covenants in a hairdresser’s franchise settlement agreement. He is also currently instructed by Warren Walker defending claims by former socialite Koo Stark.

       

      Aidan is above all a pragmatic and commercially-minded advisor, able to make swift tactical decisions to get disputes resolved. His in-depth knowledge of property, insolvency and trust law allow him to take an holistic view of his clients needs and to advise accordingly. He is happiest in cases with a complex factual matrix against which to cross-examine. 

       

  • Additional Information

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