Maurice Rifat

Call: 1990
Senior (10+ yrs call)

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Expertise
Maurice is an experienced practitioner in civil litigation with particular expertise in property law, trusts, wills & probate, construction and commercial litigation.

From Maurice you can expect a high-calibre service. He is approachable, efficient and technically excellent.  He is known for his direct and aggressive approach in court with an established reputation as a successful and sought-after lawyer in the above areas.

Recently, he has successfully represented the respondent in the Supreme Court in Stoffel & Co. v Grondona [2020] UKSC 42 in which the Court upheld his client’s claim for damages for negligence against her former solicitors despite them alleging fraud against her.

Property Law

Maurice’s practice encompasses all aspects of real property and he has particular expertise in land registration; disputes arising from the sale of land; restrictive covenants; injunctions; access to neighbouring land applications; and landlord & tenant disputes.  He represented the successful defendant in N3 Living Limited -v- Burgess [2020] EWHC 1711 to complete a land sale by appointment of second trustee to overreach a Form A restriction.

Trusts, Wills & Probate

He also specialises in cases involving common intention constructive trusts; estoppel; removal of trustees; applications under the Trusts of Land and Appointment of Trustees Act 1996; removal of executors; contentious probate; estates and inheritance disputes.

Construction

His construction practice is made up of adjudications, arbitrations and enforcement of adjudication awards. He has recently dealt with payment claims arising from oral contracts in a large-scale construction project where the employer gave direct payment assurances to sub-contractors. He has attended on numerous arbitrations mostly involving disputes arising from parties to joint venture agreements.

Maurice also deals with general commercial and contractual disputes and professional negligence claims
Recent cases
Stoffel & Co. v Grondona [2020] UKSC 42

The Supreme Court upheld the respondent’s claim for damages against her negligent solicitors despite their allegations against her that she had committed mortgage fraud.  The first application of Patel v Mirza by the Supreme Court in relation to solicitor’s negligence.

 

Truewood Ltd, Re (Duckworth v Parekh) [2020] EWHC 2360 (Ch.D)

Setting aside a debarring order in misfeasance proceedings under s.212 Insolvency Act 1986.

 

Islam v CLP Solicitors [2020] Queen’s Bench Division (Knowles J)

The dismissal of a strike out/summary judgment application on a husband and wife's substantial claims against a solicitors' firm for professional negligence concerning advice received about an option agreement which had not been successfully exercised. 

 

N3 Living Limited v Burgess [2020] EWHC 1711 (Ch.D)

Morgan J conformed that the appointment of a second trustee was an entirely proper and conventional way of dealing with an application for the entry of a "Form A" restriction against the registered title of a property under the Land Registration Rules 2003 Sch.4 so as to permit completion of a sale.

 

Kalsi v Bello [2020] EWHC 2241 (QB)

Imposition of an extended civil restraint order in circumstances of persistent applications following the eviction of the litigant from his property.

 

Dhillon v Dhillon [2019] EWHC 2442 (Ch.D)

The appropriateness of a Beddoe Order being made in circumstances of litigation brought by one brother against the other two brothers, and who were all beneficiaries under the Will.

 

Dacy Building Services Ltd -v- IDM Properties LLP [2018] EWHC 178 (TCC)  

Judgment for circa. £280,000 enforcing an adjudication award, where Fraser J found an oral contract existed between the parties.

 

Grondona v Stoffel & Co [2018] P.N.L.R. 36 - Court of Appeal

Illegality defence in relation to a claim for negligence/breach of contract against conveyancing solicitors where a mortgage fraud had been alleged.

 

Dacy Building Services Ltd -v- IDM Properties LLP [2016] EWHC 3007; [2017] B.L.R 114; 170 Con. L.R. 176

Summary judgment in respect of an adjudication award was refused where a property development company had a realistic prospect of succeeding in its defence that it did not have a contract with a sub-contractor in the context of an oral construction contract.

 

Roman v Byrne (2015) Chancery Division

Claim for removal of a restriction entered at the Land Registry entered in circumstances of alleged duress and undue influence and counterclaim for common intention constructive trust of property allegedly used as a cannabis farm.

 

Frankel v Kabysh (2012)

Access to Neighbouring Lands Act 1999 injunctions and nuisance claims in relation to properties in Cadogan Square

 

Salim Moloo v Pratap Gill (2012) Court of Appeal

On the issue of compliance with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989;

 

Daejan Investment Ltd v Executive Investment Ltd (2011)

Substantial damages awarded for breach of implied covenant to prosecute an insurance claim in relation to flooding at a commercial property.

 

Bukhari v (1) POW Trust (2) Peter Sainsbury (3) John McVicar (4) Angelo Silva [2009] EWHC 19

Reinstatement of a civil restraint order in circumstances where the Judge having set the CRO aside had been misled.

 

North Hertfordshire District Council v Carthy [2003] EWCA Civ 20, [2003] All ER (D) 93 (Jan)

Possession proceedings based upon false statements made by the tenants.

 

Villatte v 38 Cleveland Square Management Limited (2001) Lands Tribunal

Service charges; unreasonableness; validation of acts of a company.

LB Islington v Demetriou & Richards [2001]

"Lottery Winner" possession case - tenant condition not satisfied where there was an intention to return to original home solely to pursue a 'Right to Buy' application.
Chambers & Partners and Legal 500 Rankings
Legal 500 2022

Property Litigation - Leading Junior - Tier 5
Publications
Author of "Vexatious Litigants and Civil Restraint Orders: A Practitioner's Guide", published by Wildy Hill Simmonds
Education
LLB Hons
Rankings

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