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Direct access barrister

Jeff Hardman

Barrister · Landmark Chambers · Called 2012

Jeff Hardman is a seasoned trial advocate and litigator. He has been a barrister for more than 10 years and is recommended by the legal directories as "a relentless litigator and generally unflappable in the courtroom,...

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Jeff Hardman
Agriculture & farmsBusiness crime & fraudCommercial propertyCompany and commercialFamily (children)Family (finances)Family & relationshipsHousing in multiple occupationInsolvencyLandlord & tenantProbateProperty & housingShareholder disputesWills and trusts

Regions served: London and South East

About Jeff

Jeff Hardman is a seasoned trial advocate and litigator. He has been a barrister for more than 10 years and is recommended by the legal directories as "a relentless litigator and generally unflappable in the courtroom, assertive in his submissions and a skilled cross-examiner" (Legal 500, 2023).

Jeff is a property litigator, regularly instructed in real property claims involving boundaries, easements, and land registration matters as well as landlord & tenant disputes involving forfeiture claims, service charges, and dilapidations. He is instructed by national and regional firms, landed estates, local authorities, private individuals, action groups and developers.

In addition to this conventional property work, Jeff is frequently instructed in property disputes which involve some element of impropriety following the breakdown of a joint venture, partnership, or the insolvency of a corporate entity. Cloaking equitable principles over complicated facts to recover trust property has generated numerous trials for Jeff and remains a strong focus.

A selection of recent cases, reported decisions, and interesting articles are set out below:

Media

Decisions

Articles

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Podcast

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My approach

Whilst Jeff is happy to operate as a 'traditional barrister' by receiving instructions and providing advice when required, he works best when operating as part of a committed legal team. Jeff thrives in the cut and thrust of litigation and has previously been described as "A sharp and tenacious junior with real nous" (Legal 500 2020) and "intelligent and persuasive" (Legal 500, 2021).

Jeff has a strong reputation for being a very hard working and accessible barrister. He has a loyal client base, many of whom continue to instruct him since pupillage. He is frequently sought out for his advice on injunctive relief, security for costs, pre-action disclosure, litigation funding, investigation options for suspected fraudulent activity, third-party costs orders, beddoe applications, and for his views on litigation strategy generally, including negotiated settlements or other out-of-court resolutions. He routinely advises clients in planning how to respond, and in responding, to crises and other significant legal problems that attract the media spotlight.

Jeff is a 'modern barrister' who recognises that clients often instruct counsel at times when they feel most vulnerable. As such, a good litigator can help court users through the legal process and advocate on their behalf. Often it is best for all parties to settle the dispute quickly and privately, to reduce cost and stress. Prior to the Bar, Jeff worked for a law firm in the Caribbean before joining a start-up in London developing a music streaming 'app' funded by Gazprom Media.

About me

Jeff Hardman is a seasoned trial advocate and litigator. He has been a barrister for more than 10 years and is recommended by the legal directories as "a relentless litigator and generally unflappable in the courtroom, assertive in his submissions and a skilled cross-examiner" (Legal 500, 2023).

Jeff is a member of New Square Chambers which is a leading set of commercial chancery barristers based in Lincoln's Inn, London. New Square Chambers has 43 members, including five King's Counsel, and offers expertise and experience in a broad range of commercial and chancery work. Jeff has a very busy modern chancery practice, which includes extensive experience specialising in disputes concerning rights of way, shooting rights, other easements, tenancies, and estoppel based claim.

Notable cases

A selection of recent cases, reported decisions, and interesting articles are set out below: Media

Decisions

Articles

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Podcast

  • <; (Grenfell Tower and the Fire Safety Bill: Interview with Stephen McPartland MP)

Podcast Thandi v Saggu [2023] EWHC 1379 (Ch) (08 June 2023) High Court, Business & Property Court Deputy Master Teverson This dispute related to an impugned agreement requiring the Claimant to sell a mixed-use property to the Defendant. As the Claimant refused to sell the Property, the Defendant secured a Unilateral Notice against the registered title protecting his alleged beneficial interest. The Claimant issued proceedings seeking various forms of relief relating to the Unilateral Notice. Jeff represented the Defendant who wished to uphold the agreement and enforce the sale of the property. The was heard before a Deputy High Court Judge in October 2023, with Jeff securing a partial success. The decision can be found here:

Thandi v Saggu (Trial) (2023). Prior to trial, the Claimant issued an ambitious application for summary judgment, based upon arguments not found within the pleadings. Jeff was instructed to oppose it and succeeded in securing the dismissal of the summary judgment application. A copy of the Judgment can be found

here.) Burton Waters Moorings Limited v Connell & Ors (2023) High Court, Business & Property Court in Birmingham Chancery Appeals Mr Justice Zacaroli Jeff successfully represented the Claimant in a three-day action before HHJ Coe KC, with the Defendant represented by leading counsel. The Defendants' application for permission to appeal was dismissed on the papers before they applied for an oral renewal hearing which was heard by Mr Justice Zararoli. Jeff was instructed to appear on behalf of the Claimant, with his submissions being described as 'forceful' and 'persuasive'. Despite this, the Defendants' application was described as not fanciful, with prospects of success, and has been listed for a two-day appeal. Ordinarily, the Respondent's costs for attending an application for permission to appeal are not recoverable. However, the court ordered that the respondent's costs be 'costs in the appeal' as Mr Justice Zacaroli considered that Jeff's written and oral submissions assisted the court to distil the issues even if, on this occasion, permission to appeal had been granted. Irving v High Net Worth Lending (2023) County Court at Central London HHJ Johns KC This dispute involves two brothers and a lender. The sum of £520,000 was secured against the property by one brother, the legal owner. The other brother, who Jeff represents, has sought declaratory relief that he is the sole beneficial owner and was in actual occupation within the meaning of the Land Registration Act 2002, Schedule 3, Para.2. If correct, this would mean that the lender has not secured any monies against his beneficial interest. Listed for a 4-day trial, which settled with a favourable outcome for the client. Abdel-Mahmoud v Clive Court (Maida Vale) Freehold Limited Clive Court (2022) First-tier Tribunal (Property Chamber) (Residential Property) (2-day trial) Clive Court is an enormous residential mansion block in Maida Vale, London W9 and consists of three interconnected blocks spread over 8 floors containing 154 flats. The Applicant challenged service charges across multiple years, the gross value running into millions. Jeff successfully represented the Respondent, dismissing every challenge save for one modest item relating to legal costs. A copy of the judgment is found

here. Pinto v London Borough of Haringey (2022) First-tier Tribunal (Property Chamber) (Land Registration) This was an adverse possession dispute referred to the First-tier Tribunal (Property Chamber) by H.M. Land Registry. It concerned the ownership of a section of a rear garden. The Applicants claimed to be entitled to it as a result of over 10 years' adverse possession since 2004. This was vigorously opposed by the London Borough of Haringey. Jeff successfully represented the Applicant at trial, with the FTT determining that the disputed land had been acquired by adverse possession. A copy of the judgment also found

here Imran v Mahmood (2022) County Court at Central London (Business & Property List) HHJ Parfitt The Claimant secured a money judgment against the Defendant and then obtained an order for sale of the family home. The Claimant's solicitors had conduct of the sale but sold the property at a significant undervalue to a Third Party, alleged by the Defendant to be holding himself out as the owner of law firm responsible for the sale. Jeff Hardman represented the Defendant and obtained an urgent injunction preventing the sale of the property at an auction. The order was obtained 30 minutes before the property was due to be sold. It should be noted that prior to Jeff's involvement, the Defendant had instructed different counsel who made a similar application to the High Court but was dismissed. Jeff ran a different argument, alleging that the Claimant had breached his duties as a seller. As the Third Party was aware of the breach, this tainted the transaction which entitled the Defendant to injunctive relief. Thereafter, Jeff successfully opposed the legal arguments advanced by the Third Party and obtained a determination that the property had been sold at a significant undervalue. A copy of the judgment can be found

here. Burton Waters v Boyd & Ors (2022) County Court at Lincoln HHJ Coe KC (3-day trial) The Claimant sought to recover unpaid mooring licence fees from leaseholders of residential properties on the luxury Burton Waters estate. The Defendants retained a silk and argued that certain terms of the mooring licence were unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1999, such that the licence was altogether unenforceable. As there are over 300 license holders, the value of an enforceable contract to the claimant was in excess of £20,000,000. Jeff was instructed by Schillings and was successful at trial; the Judge upheld his arguments and the Defendants' challenges were dismissed. A copy of the judgment also found

here. A link to press coverage can be found here

here. Fernie v Burton Waters Management Limited & Beal Development Limited (2021) First-tier Tribunal (Property Chamber) (5-day trial) The Applicant applied for a determination of the liability to pay, and reasonableness of, service charges (in excess of £700,000) for the years 2015, 2016, 2017 & 2018. The FTT produced a 173-page decision following a 5-day trial. The entire claim was dismissed save for a handful of matters that resulted in a rebate of approx. £10. Jeff successfully represented the Defendants. A copy of the judgment can be found

here. Moreover, the Defendant applied for the Applicant (and his father separately) pay the Defendants' costs due to their unreasonable conduct pursuant to rule 13 of of the Tribunal (Procedure First-tier Tribunal) (Property Chamber) Rules. This is a high threshold to meet and an exceptional order. In this case, the FTT ordered C (and his father, his representative) to pay the Defendants' costs on an indemnity basis, with £90,000 to be paid on account. The Defendants' costs are estimated to be £140,000. Wahid v Azmahomed (2021) HHJ Hellman The Claimant issued a claim against his landlord for damages arising out of building works to convert the upper parts of the building into three self-contained apartments. The Claimant occupied the ground floor chicken shop and contended that the works caused multiple leaks and noise nuisance. The second part of the claim arose from the removal of the shop's flue by the Defendant. Jeff represented the Claimant, who was partially successful and obtained an order for costs from the Defendant. A copy of the judgment can be found

here. Dhadwal v Heathrow Inn Limited [2021] 12 WLUK 211 High Court, Appeal List Mr Justice Roth The tenant carried out works to refurbish the existing hotel restaurant, turning the restaurant's outside smoking area into a shisha lounge. The landlord issued forfeiture proceedings contending that the shisha lounge was said to constitute a breach of the user covenant in the lease. The judge dismissed the claim on the basis that the shisha lounge was simply another activity available to hotel residents and used the analogy of a cigar lounge, and the landlord appealed. Jeff Hardman represented the landlord at both hearings. He obtained permission to appeal and received generous compliments from the judge for his submissions. The Court held that the meaning of "hotel" in the lease had to be considered in the context of the circumstances at the time the lease was granted (in 2014) and on the evidence available. The case may have wider significance as it is the only High Court authority on the relationship between a hotel and shisha restaurant as regards the interpretation of a common user clause found in a commercial lease. A summary of the decision can be found

here. Doble v Doherty & Persons Unknown [2020]High Court (QBD) Mr Justice Fordham The Claimant obtained an ex parte injunction against a group of travellers who had violently seized the Claimant's land through intimidation and violence, including the use of firearms and explosions of caravans with gas canisters. At the return hearing, which was opposed by the Respondents, Jeff successfully obtained a final injunction against the travellers and a possession order. De

Mata v James Cargo Limited (2020) The Claimant, being the intermediate tenant of a commercial property, claimed the sum of £87,28.80 being unpaid rent owed by the sub-tenant. By way of response, the Defendant asserted that the lease was validly determined due to the failure by the Claimant to make the building fit for use and occupation following damage caused by a criminal break-in. The Defendant counterclaimed for the sum of £100,000. The case involved a legal argument on the correct interpretation of the lease clause which purportedly gave the Defendant the right to terminate the lease. Jeff represented the Claimant and successfully obtained judgment for the rent arrears against the Defendant. Regency (UK)

Ltd v Albu-Swalin [2019] 11 WLUK 278 High Court (QBD) Mr. Justice Chamberlain (1-day) Jeff appeared on behalf of a tenant who had been unlawfully evicted from his property. Jeff successfully represented him before Mr Justice Chamberlain, upholding the decision at first instance. The Appellant had sought permission on grounds, inter alia, that his barrister had been negligent at trial. The Respondent was awarded his costs at the permission hearing under CPR PD 52B para.8.1. Ali v Rayaz (2019) The Claimant issued possession proceedings. The Defendant counterclaim for a declaration that the Claimant held the Property on trust him. This was a highly fact sensitive case. Jeff represented the Defendant, who was entirely successful and obtained an order that the residential property was held on trust for him. A copy of the judgment can be found

here. Albu-Swalin -v- Regency (UK) Ltd & Heartland Limited (2019) HHJ Luba KC Jeff successfully represented an Iraqi refugee who had been unlawfully evicted from his flat. HHJ Luba KC awarded a total of £19,000 in general, special, aggravated and exemplary damages. The landlord was required to pay costs on an indemnity basis. Patel -v- Sidhu (2019) HHJ Monty KC (1 day) Unlawful eviction action where the leaseholder had excluded the freeholder (the latter retained control of the post office within a building that had otherwise been demised to the leaseholder). Jeff successfully obtained injunctive relief, with the substantive claim eventually settled following the leaseholder's agreement to surrender the commercial lease. Carter v Bristoe (2019) Jeff represented the Claimant as she sought significant damages due to the Defendant's failure to comply with her repairing obligations as the freeholder pursuant to the terms of a long (residential) lease. In short, the Defendant neglected to undertake roof repair works until August 2017, causing nearly 10 years' worth of damage. The Claimant claimed damages in excess of £150,000. The claim was favourably settled after the first day for a significant sum. A selection of Jeff's current and recent case history is set out below. Soni v Uplands Care Centre Limited & MGV Capital Ltd (2023) High Court, Business & Property Jeff represents the Petitioner who has presented an unfair prejudice petition, which includes an alternative remedy to wind-up the company. Factually complex case where it is alleged that the Petitioner has been excluded from the participation in the management on the Company, being a breach of parties' fundamental understanding (i.e. a quasi-partnership). Moving towards trial in 2023/24. Dressel v Ferreira (2023) Jeff represented the majority shareholder and Respondent to an unfair prejudice petition which involved a company and subsidiaries worth several millions of pounds. Another factually complex case where the Petitioner claimed to have been excluded from the participation in the management of the Company, being a breach of the quasi-partnership and/or shareholders' agreement. A 12 day trial was listed for 2024, but settled on favourable terms to Jeff's client in 2024. Short v Chadda (2023) The Trustees in Bankruptcy brought a claim seeking replenishment of the bankrupt's estate in respect of seven (7) impugned property transactions purchased in the name of the bankrupt's family members. Jeff represented the family, who resisted any declaration that the properties are held on trust for the bankrupt.Settled outside of court. Green v Byrne (2023) Chief ICC Judge Briggs (6-day trial) This dispute concerned substantial teak plantations in Brazil owned by a UK based company. The Company was wound up by a timber purchaser for a modest debt. A substantial claim was brought by the liquidator against the former directors seeking to recover preference payments, transactions made at an undervalue and damages owing to alleged misfeasance. On day 1 of trial, the entire claim was dismissed by consent, with no order as to costs. An excellent result for the former directors and all parties previously connected with the Company. A v S (2022) Mrs Justice Smith The Defendant was a director of a property development company which went into liquidation. The Claimant sued for recovery of £1.8m owing to breach of his fiduciary duties as a director. The Claimant then issued an application for a world-wide freezing injunction for £1.8m. Jeff was instructed by the defendant, who prepared the defence and attended the hearing of the freezing injunction. Successfully resisted a world-wide freezing injunction, and limited the assets frozen to £700,000. Thereafter, the case settled on favourable terms. This was considered to be a successful outcome for the Defendant. Boulton v Queen Margaret's School [2018] EWHC 3729 (Ch) High Court, Business & Property Courts Mr Justice Arnold Although the Respondent was ultimately unsuccessful, Mr Justice Arnold described Jeff Hardman's argument as 'ingenious' (para. 26). The case has since been cited in the definitive practitioner's text, Sealy & Milman: Annotated Guide to the Insolvency Legislation 21st Ed., 2018, (271 Proceedings on creditor's petition) and New Law Journal N.L.J. 2019, 169(7823), 18 Decisions

Professional & academic

  • 2007, BA (Hons) Durham
  • 2010, GDL (College of Law)
  • 2011, BPTC (College of Law)

What clients say

Jeff is gifted at getting to grips with an issue quickly and finding appropriate, pragmatic and, where relevant, commercial solutions. He is a relentless litigator and generally unflappable in the courtroom, assertive in his submissions and a skilled cross-examiner. Legal 500 2023 Approachable and down to earth, responsive and accommodating, knowledgeable and analytical. No nonsense approach. Legal 500 2022 Intelligent and persuasive, he knows how to win a case and goes the extra mile. Legal 500 2021 This was a great team effort and my thanks go to barrister Jeff Hardman from New Square Chambers and to the Dispute Resolution Team, who made possible this success in the Central London County Court. Nicole Hirst, Buckles Law <https://www.buckles-law.co.uk/case_studies/buckles-client-wins-bloody-cow-row-case/>

Areas of practice

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