Maurice Rifat

Call: 1990
Senior (10+ yrs call)

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Expertise
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.

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

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.
Education
LLB Hons
Recent cases

  • 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 [2018] EWHC 178 (TCC) - Judgment for circa. £280,000 enforcing an adjudication award, where Fraser J found an oral contract existed between the parties.

  • JKMK Consultancy Ltd -v- Goldie Properties Ltd [2017] EWHC 3689(QB) - Discharge of a ‘without notice’ injunction against a landlord as the evidence showed that the tenant had been using the property for short-term holiday lettings and advertising online for such purposes. The court had not been given full disclosure by the tenant when it applied for the injunction.

  • 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 LTD (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.

Publications
Author of "Vexatious Litigants and Civil Restraint Orders: A Practitioner's Guide", published by Wildy Hill Simmonds

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