Amy Berry
Amy’s practice embraces the full range of chancery and related commercial fields. In addition, she spent the first five years of practice undertaking a board range of civil work which has allowed a breadth of knowledge in diverse areas of law, from employment to banking, and from road traffic litigation and motor insurance to VAT fraud.
She litigates in all forums from the county court to the European Court of Justice and in tribunals. She has drafted pleadings for, and represented, parties at construction adjudication and arbitration. She is keen to promote mediation and ADR and has acted in many such cases within her areas of specialism.
The areas of specialism in which she regularly receives instructions are:
- Probate covers wills
- Estates
- Inheritance
- Trusts
She drafts and advises on both contentious and non-contentious matters. Her work extends to claims under the Inheritance (Provision for Family and Dependents) Act 1975, contentious probate proceedings, testamentary capacity, undue influence, knowledge and approval, caveats, warnings and appearances, the administration of estates, construction of wills, insolvent estates, accounts and inquiries, IHT/CGT tax advice, breach of trust claims, rectification claims, removal of personal representatives and professional negligence encompassing these areas of law.
Property and construction covers all areas of real property from planning and construction to estate contracts and conveyancing, restrictive covenants and easements to boundary disputes, mortgages and charges.
Other aspects include claims under the Trust of Land and Appointment of Trustees Act 1996, constructive and resulting trusts, estoppel, undue influence, statutory interpretation, commercial and residential landlord and tenant, housing, and professional negligence encompassing these areas of law.
There is a natural interrelationship with her other specialism of probate.
Commercial and insolvency embraces both personal and corporate insolvency, commercial contracts including sale of goods and supply of services, shareholder and partnership disputes, costs and enforcement proceedings. Often these disputes fall within engineering and construction disputes or part of larger property and probate proceedings.
Appointments and Memberships
- Member of the South Eastern and Western Circuits
- Property Bar Association Chancery Bar Association
Qualifications
- London LLB (Hons) 2002, South Bank University London
- BVC 2003, Inns of Court School of Law, London
- Called to the Bar 2003 (Lincoln's Inn)
Cases and Publications
- Janet Mason v TNT UK Ltd & Groupama: County Court (Reading) (Charles Harris QC) 12/04/2009: LTL 6/8/2009.
- Atkins v Coyle Personnel Plc [2008] IRLR 420
- Commissioners of Customs and Excise & HM Attorney General v Federation of Technological Industries [2006] Case C-384/04 European Court of Justice (Third Chamber) LTLEU 11/5/2006: LTLAG 7/12/2005: 2004/C273/31 (Reference for preliminary ruling) p.18: Times, May 11, 2006.
- Smith v Seaber [2006] CLY 3110
- Med Trading Ltd v Revenue and Customs Commissioners (VADT19355) (2005) VAT & Duties Tribunal (London) 29/11/05: LTL 30/1/2006.
- R (on the application of Teleos Plc and others) v Customs and Excise Commissioners [2005] EWCA Civ 200 (Ward LJ, Dyson LJ, Bennett J) 2/3/2005: LTL 2/3/2005: (2005) 1 WLR 3007: (2005) STC 1471: Times, March 9, 2005: Independent, March 17, 2005.
- Federation of Technological Industries and 53 Others v Commissioners of Customs and Excise & Attorney General [2004] EWCA Civ 1020: LTL 30/7/2004: (2004) STC 1424.
Costs in Probate & Trust cases
- Kostic review of the rules
- Investigation versus litigation
- The challenge in Perrins
- Position of the professionals & Beddoes applications
course available soon!
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