Edward Hewitt, LLB (Lon), BCL (Oxon)

Overview

Edward joined 9 Stone Buildings on 1st October 2009 upon completion of his pupillage in these Chambers.

Edward has a traditional Chancery practice which encompasses in particular:

private client work
land law
insolvency law, both personal and corporate
business disputes
tax

Details of Practice

Edward's practice focuses primarily on private client work. He is regularly instructed in relation to challenges to the validity of wills and claims brought pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. He also has experience in advising and acting in relation to applications for directions regarding the proper construction of wills and trust instruments and for the removal and substitution of trustees, executors and administrators. Edward has appeared in the Court of Protection and is an Affiliate Member of STEP, having successfully completed the STEP Advanced Certificate in Trust Disputes. In addition, Edward undertakes a wide range of non-contentious drafting and advisory work in relation to wills, trusts and estates and ancillary tax issues.

Edward's practice also encompasses all areas of land law, insolvency law and business disputes with a Chancery dimension. He is frequently instructed in relation to landlord and tenant disputes and disputes involving the enforcement of mortgages and of all forms of property rights, particularly beneficial interests in land. In the insolvency context Edward regularly appears at hearings of bankruptcy and winding up petitions and acts in all types of claims brought by liquidators and trustees in bankruptcy. He also advises and represents clients in a variety of business disputes, including partnership disputes, and on a broad range of tax issues, both within and outside the private client context.

Edward is an associate member of Chancery House Chambers in Leeds.

Reported Decisions

Kumari & Khertola v Bedia [2011] PLSCS 222 (Recorder Bueno QC). Edward represented the claimants in this possession action which involved a transaction arising out of a lease and rent-back scheme which was said to have been an unconscionable bargain and to have given rise to an overriding interest. The dispute culminated in an 8-day trial.
Llewellyn v Lorey [2011] EWCA Civ 37, [2011] 1 P & CR DG61, [2011] All ER (D) 53 (Feb). Led by Vivian Chapman QC, Edward represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass. The decision confirms that an interruption in user for a period of 5 years will ordinarily be fatal to a claim for a prescriptive easement and that time will not run for prescription purposes when the servient tenement is tenanted unless there is some evidence that the freeholder knew of the user and acquiesced to it. Edward addressed the Court of Appeal on one of the grounds of appeal.

Publications

Co-author of Trusts Litigation Handbook, 1st ed., Jordans, due March 2012
[link: www.jordanpublishing.co.uk/... ]
The end of Re Hasting-Bass(2011) 16 Trusts & Trustees 548-557
[link: tandt.oxfordjournals.org/... ]
Book review: Whitehouse and King, A modern approach to wills, administration and estate planning (with precedents), 1st ed., Jordans, 2011 (2011) 9(2) Trust Quarterly Review 34
[link: www.stepjournal.org/... ]
HMRC v Re Hasting-Bass: the battle begins (2010) 16 Trusts & Trustees 548-557
[link: tandt.oxfordjournals.org/... ]
Oxford University Commonwealth Law Journal, associate editor, 2007-2008
Cambridge Student Law Review, contributor, 2008

Professional memberships

Chancery Bar Association
STEP (Affiliate Member)
British Italian Law Association
Lincoln's Inn Bar Representation Committee

Academic background

BCL - Brasenose College, Oxford
LLB - King's College London (1st Class Honours)

Languages

Italian: native speaker
French and German: working knowledge

Practice Areas

Chancery
Commercial
Private client
Land and property
Landlord and tenant
Personal insolvency
Corporate insolvency
Contract
Company law
Tax

Call: 2007
LLB (Lon), BCL (Oxon)

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