Richard Lander | Manchester, Leeds & Birmingham

Richard has great experience of dealing with most types of banking and finance claims, including issues such as undue influence, forgery and subrogation.

Significant Reported Cases

Anfield (UK) Ltd v Bank of Scotland plc [2011] 1 WLR 2414 (Proudman J).  This appeal from the Central London County Court concerned priority of interests and subrogation in the context of a bank which obtained a validly executed charge but forgot to register it.

Static Control Components (Europe) Limited v Egan [2004] All ER(D) 04 (Apr) (Court of Appeal).  This was an appeal concerning the construction of a personal guarantee which based on a standard form precedent but used for a purpose other than that for which it was intended.

Turner v Royal Bank of Scotland plc [2001] 1 All ER (Comm) 1057 (Court of Appeal).  This case concerned liability for negligent misstatement in a banker’s reference and an alleged conspiracy on the part of several banks when providing credit information to each other.

Turner v Royal Bank of Scotland plc [1999] Lloyd’s Rep Bank 231 (Court of Appeal). This was the case which finally decided the long debated issue about whether bank customers impliedly consented to the giving of bankers’ references.

Richard has experience of many aspects of company law, including minority shareholder disputes and issues concerning directors’ duties.

Significant Reported Cases

Sikorski v Sikorski and another [2012] EWHC 1613 (Ch) (Briggs J).  This was an unfair prejudice petition in the context of a family company, where the relief sought and obtained (unusually) was an order requiring the defendant director to restore funds and regulating future conduct rather than a buyout of shares. The underlying issue was whether the remaining director of the family company was entitled to renege on an agreement to charge a certain rent to his other company, which occupied the family company’s premises.

Ross v Telford [1997] BCC 945 (Court of Appeal).  This was an appeal dealing with the issue of whether it was possible to break a company deadlock by invoking the court’s power to call a company meeting  pursuant to section 371 of the Companies Act 1985.

Richard regularly advises and represents clients concerning claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of wills.

Richard is experienced in dealing with disputed winding up petitions and bankruptcy procedures, as well as matters arising during insolvency procedures such as challenging transactions at an undervalue and/or preferences.

Richard has extensive experience of dealing with partnership disputes, including issues relating to the winding up of partnerships.

Richard deals with professional negligence claims concerning surveyors, solicitors and other professionals, primarily arising out of property related matters. He is currently instructed in a substantial solicitors’ negligence claim, representing a large number of mobile home owners who purchased homes on a site without a valid planning consent.

Richard is a seasoned property litigator. His practice includes all areas of landlord and tenant litigation, notably lease renewals, disrepair claims and possession claims. A substantial part of his practice consists of providing advice and representation to developers (and warring neighbours!) concerning restrictive covenants, boundaries and easements. He also deals with disputes over property ownership, between former cohabitants, business partners and insolvency practitioners.

Significant Reported Cases

Higson v Guenault [2014] EWCA Civ 703 (Court of Appeal).  This was a boundary dispute concerning access to a tennis club, which had been decided at first instance on the basis of the wrong title documentation. The appeal concerned the circumstances in which the Court of Appeal should admit further evidence as to title. Once the evidence had been been admitted, the issue turned from a boundary dispute to a right of way dispute.

Smith v Bottomley and another - [2013] All ER (D) 376 (Jul)(Court of Appeal).  This was a complex claim by a former cohabitant concerning interests in several substantial properties vested in the name of her former partner and the company of which he was a director.

Sikorski v Sikorski and another [2012] EWHC 1613 (Ch) (Briggs J).  This was an unfair prejudice petition in the context of a family company, where the relief sought and obtained (unusually) was an order requiring the defendant director to restore funds and regulating future conduct rather than a buyout of shares. The underlying issue was whether the remaining director of the family company was entitled to renege on an agreement to charge a certain rent to his other company, which occupied the family company’s premises.

Perriam Limited v Wayne and Daly [2011] All ER (D) 05 (Mar)(Coulson J).  This case involved the construction of a badly drafted deed of variation affecting repairing of covenants in a lease of substantial commercial premises.

Tingle v Crutchley REC/2008/0007 (2009, Land Registry Adjudicator).  This case concerned the basis upon which a contract and conveyance could be rectified in favour of a successor in title.

Inclusive Technology Limited v Williamson [2009] 3 EGLR 49 (Court of Appeal).  This is the first significant decision concerning a tenant’s right to compensation pursuant to section 37A of the Landlord and Tenant Act 1954, when vacating commercial premises as a result of a landlord’s misrepresentation during the lease renewal process.

Re Felton Homes Limited [2004] EW Lands LP_3_2003 (Lands Tribunal).  This was an application to vary a restrictive covenant of a type imposed upon a large number of properties in the Wirral village of Caldy.