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Fiona Dewar

Call 2005

fdewar@maitlandchambers.com

Fiona is an experienced advocate and litigator, acting for private clients and government departments in cases spanning her areas of expertise. She is also sought-after as a legal advisor, providing input on complex points of law or questions of litigation procedure / tactics.

In March 2011 she was appointed to the Attorney General’s Panel of Counsel (Civil) C Panel.

Areas of expertise:

Property

Fiona’s practice includes a wide variety and high density of real property/estate work. She frequently advises on/acts in litigation involving restrictive covenants, easements, boundary disputes, adverse possession, nuisance and the whole gamut of residential and commercial landlord and tenant issues. In addition to appearing in the Courts, LVT and Lands Tribunal on such matters, she is also experienced in negotiating and mediating disputes of this kind.

Notable recent cases include: Benson & Ords v Daejan Property Ltd [2009] UKUT 233 (LC), LTL 8/7/2010 : (2010) L & TR 11

Commercial disputes & civil fraud

Fiona has extensive experience of litigating and advising on the issues (both legal and tactical) that arise when commercial relationships break down. Her practice encompasses both general and specialist commercial disputes – including trade and construction disputes, partnership disputes and company and shareholder disputes.
She is also well-versed in the litigation of various species of civil fraud. She has particular experience of cases involving tax and mortgage fraud and proceedings under POCA 2002. During 2010 she was retained part-time to advise the Serious Organised Crime Agency in relation to civil asset recovery applications under the Act.

Notable recent cases include: Morgan Walker Solicitors LLP v Zurich Professional & Financial Lines [2010] EWHC 1352 (Ch), LTL 16/07/2010

Probate, trusts & charities

Fiona’s practice has always had traditional chancery work at its heart and core.
Areas of particular interest and specialism include contentious probate, family provision, co-ownership disputes and charities law. She frequently advises and acts for executors /administrators, beneficiaries /Part 75 claimants, the trustees and directors of charities and (since appointment to the AG’s panel) on behalf of the Attorney General in matters concerning the general charitable interest.

Notable recent cases include: Williams v Barnes [2010] EWHC 1352 (Ch)

Insolvency

Fiona also has a busy insolvency practice, covering all aspects of personal and corporate insolvency. She appears regularly before the Registrars in relation to liquidations, bankruptcies, administrations and alternative insolvency regimes, including insolvencies with a cross-border element. Since appointment to the government panel she has enjoyed regular instructions from HMRC and the Secretary of State for Business, Innovation and Skills in insolvency matters.

Other areas

Beyond the above areas of emphasis, Fiona is also experienced in and enjoys litigation spanning a variety of other areas of law. She advises and acts in tax-related matters for both government departments and individuals. She has experience of professional negligence/regulatory litigation concerning solicitors, accountants, architects and trade professionals. She has regularly had to deal with points of public law, human rights and conflict of laws/jurisdiction. She looks forward to continuing to expand and develop her areas of expertise and specialism.

Civil procedure & costs

Fiona’s practice has always been litigation-heavy and she has developed extensive experience of procedural and costs-related issues. She has obtained numerous injunctions, including freezing injunctions in the commercial fraud, property and probate contexts. She has experience of costs-only proceedings across the spectrum of her practice & has obtained several wasted costs orders. She has been involved in contested procedural applications under a variety of procedural regimes including the CPR, Insolvency Rules, LVT rules and First Tier Tax Tribunal Rules. She has also advised on and assisted with complex disclosure issues and was recently appointed (with Hugo Page QC) by the High Court as an independent reviewer to report on questions of privilege.

Qualifications
BA Jurisprudence (Oxon)

What the directories say

Legal 500, 2013

Insolvency

"Fastidious, calm and measured"