Simon Lane

Contact

Expertise

Inheritance, Wills and Probate

Simon deals with claims arising on death, contentious private client and traditional chancery cases including:

-          Trusts of Land, Co-ownership and Proprietary estoppel;

-          Wills, Trusts and Probate claims;

-          Inheritance Act Claims;

-          Administration Actions;

-          The retirement, appointment and removal of trustees and personal representatives

Much of this work is dealt with in the Chancery Division including the District Registries as well as the Chancery List of the County Court at Central London.

Simon is en-route to qualifying as an Associate Member of ACTAPS (the Association of Contentious Trusts and Probate Specialists) with the University of Law in London.

 

Public Access and Direct Access

Simon is often instructed by members of the public, without the involvement of a solicitor in the areas of work in which he practices, in particular property claims, contested probate and inheritance matters and in town and village green cases.

Simon is extremely approachable and is happy to discuss his potential involvement with clients direct to see how he can best help to acheive a desired outcome whilst keeping a constant eye on the costs. In suitable cases Simon will refer clients to appropriate and experienced solicitors who can deal with the day-to-day running of cases.

Examples of cases where Simon has helped clients direct include:

-    potential liability under guarantee agreements

-    the enforceability of agreements reached at mediation

-    ownership restrictions relating to Spanish property

-    contested probate and inheritance claims

-    boundary and rights of way disputes

-    costs assessments

 

Applications for Town and Village Greens under the Commons Act 2006 are particularly suitable cases for direct instruction either at pre-inquiry and/ or inquiry stage. Simon is happy to help clients prepare documents and bundles in advance of inquiries, which he does electronically using specialist software.

Simon is also able to call on specialist QCs and solicitors to assist where appropriate, such as in heavy appeals from decisions by registration authorities and inspectors.

Property

Simon is a highly experienced property law barrister.

REAL PROPERTY WORK

Simon has a longstanding and broad property litigation practice and regularly appears in the High Court and County Court as well as in the First Tier Tribunal (Property Chamber) for Land Registration matters and residential property cases. Examples include:

-          Boundary disputes;

-          Adverse possession;

-          Disputes over rights of way and other easements;

-          Property torts such as nuisance;

-          Issues arising with conveyancing;

-          Co-ownership issues;

-          Party Wall Etc Act matters and Access to Neighbouring Land;

-          Option agreements and overage;

-          Vesting Orders and Bona Vacantia;

-          Rectification and Land Registration.

 

TOWN AND VILLAGE GREENS AND HIGHWAYS

An increasing part of Simon’s property practice relates to the law of Town and Village Greens and highways. Simon’s extensive property background assists where there is conflict between public and private law property rights. Simon frequently appears at planning meetings and inquiries and he has appeared in the High Court on appeal by way of judicial review.

Simon recently appeared for the successful Claimant in the Administrative Court in the reported decision of R (oao Goodman) v Secretary of State for the Environment Food and Rural Affairs [2015] EWHC 2576 (Admin)where he was led by Douglas Edwards QC. The matter was remitted for redetermination and the Planning Inspectorate has now approved the application to register Eastern Fields in Exeter as a new Town Green.

 

LANDLORD AND TENANT

Landlord and tenant work forms a substantial part of Simon’s practice. He regularly appears in the County Court and First Tier Tribunal (Property Chamber) for residential property cases. Simon has significant experience in the following areas:

-          Residential landlord and tenant, including possession, forfeiture, enfranchisement and service

            charges;

-          Appeals against Housing Improvement Notices under the Housing Act 2004;

-          Commercial landlord and tenant, including 1954 Act renewals, forfeiture and dilapidations;

-          Breaches of covenant and consent to change of use etc;

-          Enfranchisement;

-          Quiet Enjoyment and protection from eviction.

Alternative Dispute Resolution

Simon has been accredited mediator since 2006. He has undertaken many mediations both as mediatior and as advocate. Examples include:

- Contested probate claims

- Claims under the Inheritance (Provision for Family and Dependants) Act 1975

- Boundary Disputes

- Rights of Way disputes

- Claims under the Torts (Interference with Goods) Act 1977

- Partnership disputes

- Diminution in value of land claims

- Building and construction claims

Simon often represents parties at joint settlement and round table meetings.

Overview

Year of call: 2002
Areas of specialism:
  • Administrative and Public Law
  • Alternative Dispute Resolution
  • Building and Construction
  • Inheritance, Wills and Probate
  • Inquests and Inquiries
  • Professional Negligence
  • Property
  • Public Access and Direct Access
Additional languages:
  • French
Qualifications:
  • LLB (1999), LLM (2000)
Professional associations:
  • Inner Temple
  • Western Circuit
  • Property Bar Association
Professional activities:
  • Approved Pupil Supervisor
Outside Interests:
  • Travel, in particular South Africa
Notable Cases:
  • Perks v Perry [2011] EWCA Civ 445
  • Christofides v Seddon [2014] W.T.L.R. 215
  • R (oao Goodman) v Secretary of State for the Environment Food and Rural Affairs [2015] EWHC 2576 (Admin)
  • Toms v Ruberry [2017] EWHC 2970 QB