Profile description
Cheryl specialises in real property and trusts, with a particular interest in constructive trusts and estoppel. Cheryl is also an insolvency specialist, dealing with both personal and corporate insolvencies and related issues. She also has a strong practice in probate matters and is known for taking on cases which have unusual or cross-border elements.
She is a qualified mediator and a member of the Bar Pro Bono Unit.
Cheryl sits as a Recorder in both Civil and Criminal and is also Deputy Bankruptcy Registrar, sitting in the High Court
Called to the Bar in 1996, after achieving a First Class degree from Lancaster University as a mature student, Cheryl undertook pupillage in a leading Insolvency Chambers in Lincolns Inn and brings life experience and common sense to all areas of her practice.
Cheryl’s property and private client practice encompasses trusts of land and proprietary estoppel, as well as boundary disputes. She has an extensive knowledge of and practice in probate and trusts issues.
Cheryl sits in the High Court as a Registrar, dealing with both high value bankruptcy matters and company matters, as a Chancery District Judge and as a Civil and Criminal Recorder. She is also a trained mediator.
Speaking
With a background in lecturing at Westminster University, Cheryl welcomes any opportunity to give talks on in all the areas in which she practices. She aims to give clear, precise and uncomplicated talks that are of long term practical use to solicitors, barristers and anyone with an interest in the subject.
Her more recent interesting cases include
Agarwala v Agarwala [2016] EWCA Civ 1251; [2017] 1P&CR DG17 - relating to the date from which a trustee in breach of her trust was no longer acting unlawfully; calculations of equitable damages by a trustee and other associated issues
In re Castrillon (High Court) (2016) with elements of Colombian law, alleged undue influence and fraud. Settled by way of mediation to client’s satisfaction
In re Freud (High Court) (2016), on an intestacy where a brother and sister could not agree the burial arrangements for their deceased mother or the subsequent disposition of the estate
In re Kramer (High Court) (2016), a claim by personal representatives for declarations under the Trusts of Land & Appointment of Trustees Act 1996 in conflict with previous decisions of a religious court and need for accounting from executor de son tort.
Blackburn v Southwell [2014] EWCA Civ 1247 [2015] 2 FLR 1240 - representing a co-habitee claiming estoppel against her former partner
Christou (Pittas v Christou) [2014] EWHC 79 (Ch) - acting for the executor in highly contested claim, subsequently advising on the retention of costs from the Defendant’s inheritance after the Defendant’s bankruptcy
Gabitass v Watkins (High Court) (2014), successfully resisting a claim by a stepson for provision from an estate on the grounds that he did not come within the act.
In re Agarwala (2014), successfully setting aside two wills on the grounds of forgery and entering Indian will to probate against allegations of malpractice and fraud from the unsuccessful brothers.
Duncan v Duncan [2013] EWCA Civ 1407 - appeal against a finding of conflict of interest in relation to a barrister acting for one party against a party he had previously represented
Agarwala v Agarwala [2013] EWCA Civ 1763 - appeal in respect of a beneficial interest in a commercial property
Hope v Knight [2010] EWHC 3443 (Ch) - involving the first consideration of long time separation of a married couple in connection with the Inheritance (Provision for Family & Dependants) Act 1975, in the light of Radmacher v Granatino [2010] UKSC 42
In Re Sanussi - consideration of the laws of intestacy where the deceased had multiple legal wives in Nigeria but had English property to be divided
Many other cases involving advising and bringing claims for undue influence, want of knowledge and approval or incapacity; Inheritance (Provision for Family & Dependants) Act 1975; to remove executors/personal representatives; property claims by executors/personal representatives.
Cheryl believes that strenuous efforts should be made in all cases to settle matters without the need for a trial, and many of her cases do settle at mediation, but she is a fearless advocate for her client when it is clear that no sensible settlement can be reached.
Although Cheryl is officially located in the London Office of 3PB, and is particularly well placed to accept instructions in London, she also accepts instructions throughout the Midlands, South East and in Bristol. She is computer literate, providing swift and lucid advices by email if so desired.