Araba Taylor
Called to the Bar in 1985

Araba was a specialist Chancery practitioner in Lincoln’s Inn for 22 years, before joining Fenners in 2009. She has extensive experience of acting for and against local authorities in matters of Housing/Homelessness, including residential possession claims and ASBOs (now CBOS) and civil injunctions for and against nuisance tenants and elderly clients. Araba’s elderly client practice covers issues such as care home fees and mental health advocacy.

Araba has a Postgraduate Diploma in Canon Law and advises in relation to ecclesiastical property, including the faculty jurisdiction of the Church of England.

AREAS OF PRACTICE

• Housing and homelessness
• ASBOs and ASBIs
• Reverter of sites, including schools and public libraries
• Management of local authority shopping parades
• Adult social care issues, including care home fees, best interests decision-making, mental health advocacy, Court of Protection and Deprivation of Liberty Safeguards
• Church of England faculty jurisdiction

HER WORK

Araba accepts instructions directly from members of the public and fellow property professionals, as well as conventional referrals from solicitors. Her dispute resolution work includes mediation as well as litigation. She accepts referrals from the Bar Pro Bono Unit.

Araba is an established and active CPD trainer, delivering accredited short courses and webinars for solicitors in private practice and local

REPRESENTATIVE CASES

R v Kensington & Chelsea Royal London Borough, ex parte Moncada (1996) 29 HLR 289 (intentional homelessness)

Igbinoba v LB Southwark (2008) – Lambeth CC – section 204 homelessness appeal

LB Islington v Qureshi (2006) – Clerkenwell CC – recovery of possession where tenant unable to occupy premises for mental health reasons

Araba was a specialist Chancery practitioner in Lincoln’s Inn for 22 years, before joining Fenners in 2009. The focus of her property practice is co-ownership disputes, family businesses, family property, trusts including constructive trusts, Land Registration and setting aside transactions on capacity or undue influence grounds.

Araba is an established and active CPD trainer, delivering accredited short courses and webinars for solicitors in private practice and local government via local Law Societies, STEP branches, CLT and other institutional providers. In particular, she has lectured for CLT on Easements and Restrictive Covenants, Property Litigation including Homeshare on Relationship Breakdown, Constructive Trusts, Trusts Litigation and Mental Capacity. Between 2003 and 2009, she devised and delivered numerous solicitors’ seminars for Shelter Training and has also lectured for the Social Housing Law Association.

AREAS OF PRACTICE

• Real property: co-ownership and TOLATA claims; constructive trusts and proprietary estoppel; conveyancing, land registration and property rights; interests in land including mortgages, easements, restrictive covenants, options and rights of pre-emption; adverse possession; elderly client issues including capacity to enter into transactions, attorneys, deputies and the Court of Protection
• Trusts and trustees: administration of trusts; express, constructive and implied trusts; breach of trust and breach of fiduciary duty; disabled trusts; CICA and other personal injury awards
• Professional Negligence: conveyancing negligence; claims by and against solicitors as trustees or executors; client care and best practice
• Public law property: housing/homelessness; reverter of sites; management of local authority shopping parades

HER WORK

Araba accepts instructions directly from members of the public and fellow property professionals, as well as conventional referrals from solicitors. Her dispute resolution work includes mediation as well as litigation. She accepts referrals from the Bar Pro Bono Unit.

WHAT OTHERS SAY

Able to identify and focus on the key issues in a case very quickly
Legal 500 2015

Her response times are top notch
Legal 500 2014

Araba Taylor is recommended for complex probate and trust matters
The Legal 500 2013

REPRESENTATIVE CASES

White & Ors v Williams & Ors (No. 2) [2011] EWHC 494 (Ch); [2011] PTSR 1151; [2011] WTLR 899 (Charity trustees; cy-près doctrine; unsecured borrowing a breach of trust)

Greer v Alstons Engineering Sales & Services Ltd [2003] UKPC 46 (breach of contract/damages regarding contract for the sale of land).

Spring v O’Flynn (1999) EGCS 79 (notices to complete)

Re Raval, Jones v Raval [1998] BPIR 389; [1998] 2 FLR 718 (bankruptcy/matrimonial home)

Halifax Mortgage Services Limited v Muirhead [1997] EWCA Civ 2901; (1998) 76 P. & C.R. 418; [1997] N.P.C. 171 (mortgages/undue influence)

R v Kensington & Chelsea Royal London Borough, ex parte Moncada (1996) 29 HLR 289 (intentional homelessness)

OTHER PROPERTY CASES OF INTEREST

Re Deer (Deceased) (2015) – Birmingham DR – recovery of possession by PR against intestacy heir – order for sale – payment of occupation rent – enforcement

Thomas v Thomas (2012) – Birmingham CC – recovery of possession let on a family arrangement – option to purchase/right of pre-emption – certainty of terms

Ifabumuyi v Stapleton (2010) – AHMLR – alteration of register – fraud

Brignalls Balderston & Warren v Higgs (2009) – AHMLR – removal of restriction

Re Hockley (Deceased) (2007) – Central London CC – co-ownership dispute between estates of deceased brother and sister – joint tenancy/tenancy in common – severance – intention of parties

LB Islington v Qureshi (2006) – Clerkenwell CC – recovery of possession where tenant unable to occupy premises for mental health reasons

St Modwen Developments (Edmonton) Ltd v Bullen & Ors (2006) – Central London CC – commercial landlord and tenant – service charges

Matthews v Matthews (2006) – Central London CC – disabled trust – breach of duty by parent-trustees – undue influence/constructive trust – alteration of register

Densitron Plc v Hardcastle & Ors (2006) – Central London CC – adverse possession by trespasser in respect of freehold, defended by long lessee – unincorporated charitable association – escheat of freehold to Crown on dissolution of corporate freeholder – recreational charitable trusts

Higgs v Doran (2006) – Aldershot & Farnham CC – transfer of property – relief against unconscionable bargain with poor and ignorant person – solicitors’ negligence on execution retainer.

Araba was a specialist Chancery practitioner in Lincoln’s Inn for 22 years, before joining Fenners in 2009. The focus of her Probate practice is contentious probate, mental capacity/Court of Protection, duties of trustees, personal representatives, attorneys and deputies and succession to family businesses.

AREAS OF PRACTICE

• Probate claims
• Elderly client issues including capacity
• Court of Protection – statutory wills
• Administration of estates
• Non-contentious probate practice
• Rights of beneficiaries and duties of personal representatives
• Applications for directions and claims for removal of personal representatives/will trustees
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Claims by and against solicitors as trustees or executors
• Client care and best practice

HER WORK

Araba accepts instructions directly from members of the public and fellow property professionals, as well as conventional referrals from solicitors. Her dispute resolution work includes mediation as well as litigation. She accepts referrals from the Bar Pro Bono Unit.

Araba is an established and active CPD trainer, delivering accredited short courses and webinars for solicitors in private practice and local government via local Law Societies, STEP branches, CLT and other institutional providers. In particular, Araba delivers webinars on trustees’ duties and mental capacity issues.

WHAT OTHERS SAY

Able to identify and focus on the key issues in a case very quickly
Legal 500 2015

Her response times are top notch
Legal 500 2014

Araba Taylor is recommended for complex probate and trust matters
The Legal 500 2013

REPRESENTATIVE CASES

Barrett v Hammond [2020] EWHC 3585 (Ch) (rectification of will – mistake in the codicil – clerical error includes arithmetical error. Transcript of the Judgment here.

Re Butcher (Deceased), Sharp v Hutchins [2015] EWHC 1240 (Ch) (knowledge and approval – correct test is the single stage test in Gill v Woodall – two-stage test properly to be used as a cross-check). Transcript of the Judgment here.

Re Walker (Deceased); Walker v Badmin (2014) (Ch D) [2014] EWHC 71 (Ch); [2015] WTLR 493 – (testamentary capacity – validity challenge successfully resisted – correct and only test is Banks v Goodfellow, not section 2(1) of the Mental Capacity Act 2005). Transcript of the Judgment here.

Re Dharamshi (Deceased) [2013] EWHC 3917 (Ch) (want of capacity – severe bereavement reaction – validity challenge successfully resisted)

Re Tociapski (Deceased) [2013] EWHC 1770 (Ch); [2013] WTLR 1821 (successful invalidity claim – will invalid for want of knowledge and approval)

Pinnock v Rochester [2011] EWHC 4049 (Ch); (2011) 155(44) SJLB 3 (successful appeal against striking out of probate claim – interaction of probate claim and compromise of earlier claim under the Inheritance (Provision for Family and Dependants) Act 1975 – procedure – case management)

Re Allen (Deceased), Smith v Springford [2009] WTLR 705 (caveators’ application to discontinue claim for revocation of existing grant – will forgery – costs)

Re Garland (Deceased), Garland v Morris and another [2007] 2 FLR 528; [2007] EWHC 2 (Ch); [2007] All ER (D) 11 (Jan) (Inheritance Act application by adult child)