Lydia Majdalany Ms.

Commercial

Lydia is regularly instructed to advise, draft pleadings and represent clients in a wide range of commercial and contractual disputes in both the High Court and County Court.

She has acted in a variety of procedural hearings, including summary judgment and strike out applications, setting aside default judgments, case management directions, costs budgeting, amendments, joinder and substitution of parties, extensions of time, adjournments, specific disclosure, injunctions and matters relating to privilege.

• Advised and drafted pleadings in a claim concerning deceit/ fraudulent misrepresentation, conversion and breach of a resulting trust.
• Represented and advised a client concerning the enforceability of an exclusive jurisdiction clause and a challenge to the jurisdiction of the English courts.
• Appeared before the Chancery Division in the High Court in an urgent application; concerned issues relating to a clause in an agreement pertaining to the purchase of property from a Trustee in Bankruptcy, may constitute a penalty and be unenforceable.
• Received urgent instructions to attend the High Court in which the Applicant sought injunctive relief to restrain Receivers from selling a portfolio of properties at an undervalue.
• Successfully represented a company in an unpaid debt dispute in a construction claim and obtained the full award in damages including indemnity costs.
• Represented the Defendant in a wrongful dismissal claim involving breach of contract, misrepresentation and Estate Agents commission, obtained successful settlement for the client.
• Advised in a claim involving asset tracing and prepared cross-examination on the Defendant’s asset disclosure in respect of a Freezing Injunction.
• Claims involving issues of disclosure, applications for specific disclosure and issues relating to privilege.
• Successfully represented a recruitment company in a claim for unpaid commission and issues concerning Agency law.
• Successfully represented a contractor in respect of unpaid fees concerning breach of contract in a high value construction dispute.
• Consumer credit disputes including debt and asset recovery, assignment of debt and unfair relationships.
• Claims under guarantees and indemnities.
• Applications to extend time to register charges at Companies House.
• Debt recovery and general enforcement proceedings.
• Interim applications including summary judgment, applications to strike out and relief from sanctions.

Insolvency & restructuring

Lydia has a broad insolvency practice and is regularly instructed in corporate and personal insolvency matters. She frequently appears in the High Court in relation to winding-up petitions, bankruptcy proceedings, validation orders, statutory demand applications, and other contested insolvency applications.

• Advised directors on the merits of an application seeking permission to use a prohibited name under section 216 of the Insolvency Act 1986.
• Winding-up petitions in the Companies Court, acting for both petitioning creditors and companies.
• Successfully represented a Petitioning Creditor in an application for substituted service of the petition.
• Advising on and appearing in contested winding-up and bankruptcy petitions.
• Successfully defended a company director against a claim alleging misfeasance and/or breach of duty pursuant to section 212 of the Insolvency Act 1986 and ss 171-77 of the Companies Act 2006.
• Successfully opposed application to set side statutory demand advanced on grounds of duress, service of the demand, contractual interpretation/ validity of underlying loan agreement.
• Acted on behalf of the respondent opposing an application to set aside a statutory demand.
• Acted on behalf of the respondent company opposing an application for an injunction restraining advertisements of a winding-up petition pursuant to rule 7.24 Insolvency Rules 2016.
• Advising on and appearing in an application on behalf of a major national energy company responding to an application for a validation order pursuant to section 127 Insolvency Act 1986.
• Acted on behalf of a Petitioning Creditor and sought a bankruptcy order.
• Advised and acted on behalf of a client in an application seeking to set aside a statutory demand based on a personal guarantee.
• Acted on behalf of the respondent opposing the making of a bankruptcy order on the grounds of invalid service and the debt being disputed on substantial grounds.
• Advised on and drafted pleadings in a commercial debt claim involving a jurisdictional challenge and the validity of service.
• Acted on behalf of the respondent opposing an application to annul a bankruptcy order.

Property and Housing

Lydia appears regularly on behalf of landlords and tenants, in the private and social sector, in possession claims relating to rent arrears, mortgage arrears, dilapidation, anti-social behaviour, succession and loss of security of tenure.

She is also experienced with:

• Appeared on behalf of the respondent in an application for relief from forfeiture. Successfully resisted an argument concerning waiver and obtained indemnity costs.
• Disrepair and claims relating to housing conditions including prosecutions under the Environmental Health Act 1990.
• Successfully resisted an application for permission to appeal in respect of a possession order on grounds that the order was incompatible with Human Rights and whether the licence constituted an AST.
• Successfully resisted an appeal concerning the courts jurisdiction to suspend warrant subsequent to a mandatory possession order (schedule 2 HA 1988), MR(PT)A 2010, s 29 TOLATA, s 36 AJA considered.
• Advised and represented client in contested disposal hearing, Property dispute between cohabitees raising issue of undue influence.
• Injunctions, Party Wall matters, cavity wall disputes, deposit claims pursuant to the Housing Act 2004 as amended by the Deregulation Act 2015.
• Equality Act 2010 defences including public law and human rights “proportionality” defences to possession claims.
• Claims for forfeiture and applications for relief and leasehold disputes involving claims for unpaid service charges and disrepair.
• Advised and represented client in boundary dispute between two neighbouring properties.
• Advised, drafted pleadings and represented client in an easement dispute, obtained injunction restraining trespass, entry into a defined perimeter and communication with specific individuals.
• Successfully obtained injunctive relief in unlawful eviction proceedings.
• Successfully opposed an application to strike out a claim alleging breach of a repairing covenant and substantial disrepair.
• Advised a neighbouring landowner in a claim brought by a golf club in relation to a nuisance based upon straying golf balls.
• Charging orders.
• Adverse possession claims.
• Forfeiture and relief from forfeiture proceedings.
• Service charge disputes.