Josephine Hayes undertakes property litigation (particularly arising from the real property statutes). Her principal areas of practice are:
- Banking and finance: banking securities (guarantees, mortgages and charges);
- Commercial and business litigation: companies and partnerships; contracts; financial services; insolvency (corporate and individual); land and property; landlord and tenant; pension schemes;
- Chancery litigation: equity and equitable remedies; co-ownership and trusts; Court of Protection; probate, wills, succession; administration of estates; claims under the Inheritance (Provision for Family and Dependants) Act 1975;
- Professional negligence: disputes relating to the above fields;
- Environmental law: she undertakes work relating to environmental issues;
- Human rights: property-related rights under the European Convention. She has undertaken instructions from the Bar Pro Bono Unit;
- Swift Advances plc v Ahmed  EWHC 3265 (Ch): High Court set aside two trust deeds as transactions defrauding the creditor and intended to defeat mortgagee’s claim for possession;
- Swift 1st Ltd v the Chief Land Registrar  EWCA Civ 330: successfully represented the lender in defeating the Chief Land Registrar’s appeal against a finding of liability to indemnify the lender for loss of a cancelled charge;
- Swift 1st Ltd v Colin  EWHC 2410 (Ch),  Ch 206: ruling on the interpretation of the Law of Property Act 1925. The Land Registrar had refused to register a transfer of registered land by the Claimant to purchasers. The decision resolved doubt concerning the power of an equitable chargee by deed to sell and transfer the land charged in exercise of the statutory power of sale;
- Bindra v Chopra  EWCA Civ 203,  2 FLR 786,  3 FCR 425,  WTLR 781: appeal from a decision that the defendant, who claimed under her late husband’s will, had no interest in the proceeds of sale of a property. The dispute turned on whether a trust deed created absolute interests in the property coupled with void testamentary dispositions, or only interests for life. The court construed the deed in favour of the claimant;
- Witkowska v Kaminski  EWHC 1940 (Ch),  1 FLR 1547: the claimant, a Polish national, sought to rely upon Art. 12 of the EC Treaty, prohibiting discrimination on the ground of nationality. The court held that the Article did not apply to the substantive law of succession to a deceased’s estate, including jurisdiction to make an award under the Inheritance (Provision for Family and Dependants) Act 1975;
- Humphreys v Humphreys  EWHC 2201 (Ch),  1 FCR 712: claim brought by the owner of a dwelling to have a trust deed in favour of her son set aside on the grounds that her son had obtained it by presumed undue influence. The court held that the son had failed to rebut the presumption, rejected a defence of laches and set aside the deed;
- First National Bank plc v Achampong  EWCA Civ 487,  1 FCR 18,  All ER (D) 08 (Apr): appeal by the bank against a decision refusing to order possession or sale of a property against a husband and wife on the ground of undue influence by the husband. The bank claimed an equitable charge over the husband’s interest under Law of Property Act 1925 s 63. The court allowed the appeal in part;
- First National Bank plc v. Walker  1 FLR 505, (2001) Times 13 Feb, CA: appeal by the bank in a mortgagee’s possession action against a husband and wife in which the wife was defending on the grounds of alleged undue influence. The court held that the wife had acknowledged the mortgage as valid in earlier matrimonial proceedings and precluded herself from maintaining that the mortgage was voidable.
- Editor of Atkin on Landlord & Tenant (2003, 2005, 2007, 2009, 2014 issues).
- Contributor to Law Commission working party on property rights of unmarried cohabitants: Law Com 29th Annual Report.
- Author of chapter on selection criteria in 1999 report of Lord Chancellor’s Working Party on Equal Opportunities in Judicial Appointments & Silk.
Chair Association of Women Barristers 1996-1998; Vice-President (current).
VAT number: 380673733