Maurice Rifat | Barrister

maurice rifat, barrister, shensmith barristersYear of Call: 1990

Maurice is an experienced practitioner in civil litigation with particular expertise in property law, trusts, wills & probate, construction and commercial litigation.

Maurice is an experienced practitioner in civil litigation with particular expertise in property law, trusts, wills & probate, construction and commercial litigation.

From Maurice you can expect a high-calibre service. He is approachable and practical and is extremely efficient in preparing the necessary paperwork within any specified time-frame. He is known for his direct and aggressive approach in court with an established reputation as a successful and sought after lawyer in the above areas.

Property Law

Maurice has particular expertise in land registration; disputes arising from the sale of land and conveyancing problems including specific performance claims; mortgages; easements; boundary disputes; restrictive covenants; nuisance claims; injunctions; access to neighbouring land applications; and landlord & tenant disputes including service charges and possession claims.

Trusts, Wills & Probate

He also specialises in cases involving common intention constructive trusts; estoppel; removal of trustees; applications under the Trusts of Land and Appointment of Trustees Act 1996; removal of executors; taking an account; and cases involving contested & competing wills.

Construction

His construction practice involves adjudications, arbitrations and enforcement of adjudication awards. His work in adjudications includes extension of time and delay claims; productivity analysis and disruption claims; payment claims; defect claims and other contract disputes. He has recently dealt with payment claims worth over £1.5 million arising from contracts in a large-scale construction project where the employer gave oral ‘bypass’ payment assurances to sub-contractors. He has attended on numerous arbitrations mostly involving disputes arising from parties to joint venture agreements.

Maurice also deals with general commercial and contractual disputes.

What Maurice’s clients say

“Maurice is the ‘go-to’ barrister for my property and insurance business. Over a number of years he has dealt with seven large cases for me, all with successful outcomes. His direct and robust approach was exactly what was needed. I would not hesitate to recommend him.” Mr A.Lakhani, Director of Sequence Properties Ltd, Wembley

“I have worked with Maurice on many occasions over the past fifteen years. I have always found him to be proactive, knowledgeable and swift to respond as well as being a first class advocate – in short, all that one would wish of a Barrister.” Jonathan Braithwaite, Solicitor and Partner at Brice Droogleever & Co Solicitors, London SW3

Notable Cases

Grondona v Stoffel & Co (2016)

Illegality defence in relation to a claim for negligence/breach of contract against conveyancing solicitors where a mortgage fraud had been alleged

Roman v Byrne (2015) Chancery Division

Claim for removal of a restriction entered at the Land Registry entered in circumstances of alleged duress and undue influence and counterclaim for common intention constructive trust of property allegedly used as a cannabis farm.

Frankel v Kabysh (2012) Central London County Court

Access to Neighbouring Lands Act 1999 injunctions and nuisance claims in relation to properties in Cadogan Square

Salim Moloo v Pratap Gill (2012) Court of Appeal

On the issue of compliance with section 2 of the Law of Property (Miscelleaneous Provisions) Act 1989;

Daejan Investment Ltd v Executive Investment Ltd (2011) Central London County Court

Substantial damages awarded for breach of implied covenant to prosecute an insurance claim in relation to flooding at a commercial property

Bukhari v (1) POW TRUST (2) Peter Sainsbury (3) John McVicar (4) Angelo Silva [2009] EWHC 19

Reinstatement of a civil restraint order in circumstances where the Judge having set the CRO aside had been misled.

North Hertfordshire District Council v Carthy [2003] EWCA Civ 20, [2003] All ER (D) 93 (Jan)

Possession proceedings based upon false statements made by the tenants.

Villatte v 38 CLEVELAND SQUARE MANAGEMENT LTD (2001) Lands Tribunal

Service charges; unreasonableness; validation of acts of a company

LB Islington v Demetriou & Richards [2001]

“Lottery Winner” possession case – tenant condition not satisfied where there was an intention to return to original home solely to pursue a ‘Right to Buy’ application.

Publications

Author of “Vexatious Litigants and Civil Restraint Orders: A Practitioner’s Guide”, published by Wildy Hill Simmonds 2014