Richard Cherry

Call: 2009
Senior (10+ yrs call)

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Expertise
Richard is experienced in advising on Commercial and Traditional Chancery matters, including declarations and orders under TOLTA and in beneficial ownership disputes between unmarried cohabitants and family members, boundary/neighbour disputes, easements and adverse possession, trust, contractual disputes, as well as commercial debt recovery and enforcement.

Richard is frequently instructed in a wide range of contentious probate issues including formal validity of wills, fraud, want of knowledge and approval and capacity.

He has a strong reputation for his expertise in mediation and negotiation where his mature, practical approach and ability to build rapport with both clients and opponents secures advantageous settlements.

Having spent 18 months, before coming to the Bar, working with the housing team at North Kensington Law Centre, Richard is particularly well-known for his deep understanding and experience of housing matters, including possession and disrepair as well as allocations issues, homelessness applications and appeals.
Recent cases
Trecarrell House v Rouncefield [2020] EWCA Civ 760; [2020] 1 W.L.R. 4712 – sole counsel in both County Court and Court of Appeal for the tenant in this groundbreaking case on how the gas safety regulations should be applied in Section 21 possession claims. Leave to appeal to the Supreme Court has been sought in this major case.

Caridon Properties v Shooltz – 2 February 2018: 2018 WL 05822845; [2018] 2 WLUK 712 instructed for the successful tenant establishing the principle that where a Landlord has failed to give a copy of the last Gas Safety Record before a tenant begins to occupy they cannot thereafter rely on a Section 21 Notice.

X, Y, Z, A v B, C & D - Seven-day Chancery division contentious probate trial representing the executor and beneficiaries against other beneficiaries. This involved points of proprietary estoppel, capacity, want of knowledge and approval.
Memberships
Property Bar Association

Chancery Bar Association

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