Lisa Linklater

Call 1995

linklater@exchangechambers.co.uk

"Imperturbable and impressive in court; a force to be reckoned with."

The Legal 500 2018/19
Photo of Lisa Linklater

Property & Planning

Lisa is a leading barrister in Commercial Chancery cases whose practice continues to go from strength to strength.

Lisa is praised by Chambers UK Bar 2019 as “persuasive in court and excellent on complex legal problems” and by Legal 500 UK Bar 2018/19 as “impressive in court; a force to be reckoned with”.

Recent highlights of Lisa’s property practice include:

  • Representing a partner in an enviable Yorkshire Wolds arable farm with a value of over £6 million in defending a claim to the entirety of the farm.
  • Acting for a high-profile retailer in defending emergency proceedings for the delivery up of items in the high-street stores it was occupying.
  • Advising a peer to peer pawnbroking platform in respect of loans secured against six ships.
  • Advising in respect of trust issues following a pre-pack sale of 40,000 individual voluntary arrangements.
  • Representing a liquidator of a dissolved members’ club that had owned valuable property.

Lisa has extensive experience in all manner of real property and trusts matters including:

  • All issues relating to mortgages and charges over land and other assets
  • Real property and trusts in an insolvency context
  • Law of Property Act Receiverships
  • Trusts, fiduciaries and tracing
  • Proprietary estoppel
  • Co-owned property
  • Wills and probate disputes

Lisa brings over 20 years of experience in advising and representing a diverse range of companies, individuals, Government departments and other public sector bodies in a broad spectrum of disputes in a range of sectors and industries.

Property & Planning Cases

In addition to the above recent highlights, further illustrations of Lisa’s experience in real property is as follows:

REAL PROPERTY AND RELATED CLAIMS

  • Acting for a high-profile retailer following its purchase from administrators in defending emergency proceedings for the delivery up of items in the high-street stores it was occupying (2018) (High Court, Manchester).
  • Representing a purchaser of a pharmaceutical business from administrators in claim by landlord for dilapidations and unpaid rent.  Landlord is relying upon Jervis v Pillar Denton Ltd for priority over other creditors (2017) (High Court, Manchester)
  • Advice as to whether a grant by a charity to a company in liquidation was held on Quistclose trusts (2016).
  • Lisa successfully represented a leading Cheshire restaurant business at a 5 day trial in Manchester in 2016 in defending claims by a residential neighbour to close the restaurant on grounds of alleged noise nuisance and breach of restrictive covenant (2016) (Manchester).
  • Successfully defending injunctive relief proceedings brought by a major manufacturer of bed products that had purchased a portfolio of properties from administrators in a “fire sale”, relying on an alleged overriding interest. The claim centred on allegations of civil fraud and was related to high profile criminal proceedings relating to the premises (2016) (HHJ Behrens sitting as a High Court Judge, Leeds District Registry).
  • Successfully obtaining a settlement sufficient to clear the debts and expenses of the bankruptcy by establishing a proprietary interest in the estate of the former spouse of the bankrupt (2013).

 

SECURITY INCLUDING LPA RECEIVERSHIPS

  • Advising a peer to peer pawn broking platform in respect of loans secured against six ships (2017).
  • Advised assignee of mortgages and guarantees on alleged undue influence in context of investment property in the North West (2015).
  • Firstpoint Security Trustee Ltd v Enterprise House Development Ltd & ors: Acted for Law of Property Act receivers of a hotel in the Midlands in successfully defending injunctive proceedings brought by second charge holder and securing payment of the costs and expenses of the receivers (2014)(High Court, Manchester)
  • Paragon Mortgages Ltd v MP [2011] All ER (D) 65 (David Steel J) Acted for borrower in multi-million pound claims under guarantees and on personal mortgages of buy to let properties in Leeds in circumstances where LPA receivers had been appointed.

 

TRUSTS GENERALLY

  • Representing trustee of shares in directions application involving issues including missing beneficiaries (2018) (High Court, Leeds).
  • Advising in a High Court claim involving an alleged trust of shares in a valuable company (2018).
  • Acted for the trustees of “fighting fund” in application relating to use of the fund in legal proceedings relating to a tax scheme.  The case to which the fund relates is high profile (2016) (High Court, Leeds District Registry).
  • Advised trustees of trust on the implications of the Political Parties, Elections and Referendums Act 2000 for the trust (2015).
  • Represented former employee in claim based on promised interest in shares by owners/directors, relying upon trusts analysis.  The case was further complicated because shares had been swapped into a major international company.