Philippa Harris

Call:2005

Introduction and Contact details

Philippa is a talented junior practitioner with a developing practice that encompasses all of the main areas of Property and Private Client. She undertakes work in all aspects of Property and Private Client including real property; commercial and residential landlord and tenant; property related insolvency issues; trusts of land disputes; professional negligence; inheritance and probate and matrimonial finance.

Philippa enjoys both the advisory and adversarial aspects of her practice and has appeared before the Court at all levels, including the High Court and more specialised forums such as the Leasehold Valuation Tribunal. Philippa advises in respect of all aspects of the client’s case from pre-action to appeal. Her clients range from banks and companies to private individuals.

Philippa is tenacious, responsive and innovative and is always striving to provide solutions that deliver real value and benefit to the client. She prides herself on being able to combine her knowledge and experience with her approachability to deliver a high standard of client care. Philippa is able to combine her skills in the disciplines of Property and Private Client to provide a truly integrated service.

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: philippa.harris@hardwicke.co.uk

PROPERTY & PRIVATE CLIENT

Land and Real Property

Philippa undertakes advisory and advocacy work relating to the use and occupation of land. Philippa advises clients on a wide range of issues including clients seeking initial advice and assistance about their rights and obligations to representation before a court or tribunal.

Philippa's recent experience includes advising on matters such as adverse possession, boundaries and easements to cases involving all aspects of mortgages, options and restrictive covenants.  Philippa also has a particular interest in the impact of insolvency on property interests and co-ownership disputes.

Recent examples:

• representing a mortgage lender in contested possession proceedings involving allegations of fraud, undue influence and lender misconduct.
• representing an individual opposing an application for sale and possession of a property by a trustee in bankruptcy.
• advising on a matter involving breach and enforcement issues in respect of a restrictive covenant.

• advising on a lease renewal under the Landlord and Tenant Act 1954.

COMMERCIAL

Landlord & Tenant

Philippa undertakes the full spectrum of land and real property matters including landlord and tenant cases relating to residential premises. Philippa has particular expertise on the impact of insolvency on property matters and she is focused on using her experience and knowledge to develop her practice further in respect of disputes over business property.

Recent examples:

• advising a commercial landlord on an application for assignment.

Landlord & Tenant – Residential

Philippa undertakes a wide range of landlord and tenant matters relating to residential premises. She has represented clients in respect of Assured and Assured Shorthold Tenancies, disputes relating to disrepair, forfeiture and repossessions as well as more specialist advice of dealing with enfranchisement and service charge matters in the Leasehold Valuation Tribunal.

Recent examples:

• representing a landlord in a service charge dispute in the Leasehold Valuation Tribunal.
• advising a tenant on their right to acquire the freehold of their property.
• advising a tenant on their right to extend the lease of their property.

Insolvency

Philippa regularly represents lenders, insolvency practitioners and fixed charge receivers in respect of property matters. Philippa has obtained orders for vacant possession including against squatters. Philippa advises on strategy for obtaining vacant possession. Philippa also advises clients in ancillary relief proceedings where one of the parties is subject to bankruptcy proceedings and assets are owned jointly.

Recent examples:

• representing a lender seeking order for vacant possession.
• representing and advising a wife on the impact of pending bankruptcy proceedings on her matrimonial matters in light of the recent case of [Hills v Haines].

Professional Negligence

Philippa undertakes work in cases of solicitors’ professional negligence litigation. Philippa advises in respect of both contentious and non-contentious matters. 

Recent examples:

• advising an insurer in relation to a negligence claim against a solicitor arising out of matrimonial proceedings.
• advising a solicitor in relation to a negligence claim against them arising out of a property transaction.

Inheritance and Probate

Philippa undertakes all types of work relating to the estate of a deceased person. Her clients range from executors and beneficiaries to creditors of the deceased. The scope of Philippa’s work includes claims under the Inheritance (Provision for Family and Dependants) Act 1975, contentious and non-contentious probate claims, rectification and validity of wills, removal of personal representatives, undue influence claims, especially those involving the elderly and vulnerable, mental capacity, disputes relating to the construction of wills and trusts and the proper administration of estates. Philippa also has a particular interest in Court of Protection matters, including receivership and Enduring Powers of Attorney.

Recent examples:

• advising and representing a beneficiary of a will on questions of invalidity and undue influence
• advising and representing a widow in a claim under the Inheritance (Provision for Family and Dependants) Act 1975

Trusts of Land

Philippa regularly advises in respect of trusts of land disputes in both the domestic and commercial context. She has experience of representing clients in relation to disputes about the existence, construction and operation of express trusts, constructive trusts and resulting trusts relating to land and has addressed issues such as proprietary estoppel, orders for sale and for accounts and division of sale proceeds.

Recent examples:

• representing a client in contested proceedings in a claim brought under the Trusts of Land and Appointment of Trustees Act 1996 which involved technical issues such as asset tracing.
• representing an unmarried mother in contested proceedings in a claim brought under Schedule 1 of the Children Act 1989 for financial provision for her child,

Family – Breakdown and Finance

Philippa has advised and acted in a wide spectrum of matrimonial finance matters, from initial advice and assistance to representation in interim and final hearings. Philippa has experience of dealing with issues such as pre-nuptial agreements, international forum disputes, asset tracing, family businesses, insolvency, injunctive proceedings, financial provision following overseas divorce, immigration issues and enforcement of orders.

Recent examples:

• representing a wife in contested ancillary relief proceedings involving complex issues such as offshore trusts and asset tracing.
• advising a husband in an international forum dispute.

Family – Children

Philippa has advised and acted from both interim to final hearing in matters relating to children, including residence and contact disputes, specific issue and parental responsibility applications to applications for leave to remove a child both temporarily and permanently from the jurisdiction. Philippa also has experience in dealing with cases where there are allegations of domestic violence, serious sexual abuse,  parental alienation and mental health and substance abuse, including those where children are made a party to the proceedings.

Recent examples:

• representing a father in intractable contact proceedings with a number of allegations of serious sexual abuse and substance abuse involving expert psychological and psychiatric evidence.
• representing a mother in the High Court in contested proceedings related to an application to temporarily remove a child from the jurisdiction to Bangladesh, a non-Hague Convention country.