People

Adam Swirsky

Qualifications

  • London School of Economic – BSc(Econ) and MSc
  • Polytechnic of Central London -Dip Law
  • Council of Legal Education

Adam is a member of Lamb Chambers’ Property team with experience dealing with all aspects of commercial and private landlord and tenant work, all aspects of real property disputes, cases involving mortgages or other charges, trusts and trusts of land. Adam also deals with inheritance and probate cases.

He is instructed by corporate, private and local authority clients. He also accepts instructions directly from members of the public under the bar’s direct access scheme.

Key areas of practice include:

  • Commercial landlord and tenant disputes (including rent reviews; renewal of business tenancies; service charges; dilapidations and claims for compensation for improvements; forfeiture and other claims arising out of breach of covenants and issues of interpretation and enforceability of clauses)
  • Residential landlord and tenant disputes (including disputes as to tenure; service charges and disrepair claims)
  • Conveyancing and Land Registration
  • Vendor and Purchaser
  • Overage and option agreements
  • Claims for adverse possession
  • Right to light
  • Party Walls and boundary disputes
  • Easements and covenants
  • Co-ownership, trusts and proprietary estoppel
  • Public and private nuisance
  • Mortgages and charges
    Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Wills and Probate
  • Housing & Local Government
  • Social housing and homelessness
  • Anti-social Behaviour
  • Succession and the Right to Buy
  • Judicial Review

Related cases of interest

  • Wickes v Graham [2012] EWCA Civ 1100 — Destination court for appeals on Part 8 claims.
  • Kensington Mortgage Co. Ltd v Barons Finance [2011] EWCA Civ 1592 — Mortgages, removal of restrictions and prejudice.
  • Islam v Yap & Others [2009] EWHC 3606 (QB) — Unlawful eviction of residential tenant.
  • Bank of Cyprus v Markou and another [1999] 2 ALL ER 707 — Whether a guarantee and legal charge should be set aside against a wife on the grounds that she was acting under the undue influence of her husband.

Adam has extensive experience of dealing with employment disputes, regularly appearing in the High Court and the Employment Tribunal on a variety of matters.

He is instructed by corporate, private and local authority clients. He also accepts instructions directly from members of the public under the bar’s direct access scheme.

Work includes:

  • Injunctions
  • Breach of contract and restrictive covenants
  • Redundancy and business re-organisation
  • Transfer of undertakings
  • Discrimination and equal pay
  • Unfair and wrongful dismissal

Recently Adam represented a number of women as part of a group claim for equal pay against their local authority employer.

Adam has over twenty years of experience dealing with business and commercial disputes, regularly appearing in the High Court and County Court.

He is instructed by corporate, private and local authority clients. He also accepts instructions directly from members of the public under the bar’s direct access scheme.

Work includes:

  • Consumer credit
  • Orders for delivery up of goods
  • Retention of title
  • Freezing and other injunctions
  • Partnership disputes
  • Costs
  • Construction and building disputes
  • Breach of contract
  • Insolvency
  • Related cases of interest
  • McFaddens v Chandrasekaran [2007] EWCA Civ 220 — Substantial claim by a solicitor to recover unpaid costs.

Adam has many years of experience dealing with a wide range of contentious trusts and probate work. He can offer advice and assistance in the following areas:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Removal of executors and trustees
  • Challenging the validity of wills and testamentary capacity
  • Construction of wills and trust documents
  • Trusts of Land and co-ownership
  • Proprietary estoppel and constructive trusts
  • Undue Influence
  • Practice and procedure on grants and administration
  • Powers and duties of Personal Representatives and Trustees
  • Claims by and against Personal Representatives and Trustees
  • Removal of Personal Representatives and Trustees

Recent instructions have concerned allegations of undue influence, capacity to make a will and claims for reasonable provision. Adam has also been asked to advise on the construction and meaning of wills and trusts, the removal of personal representatives and claims for an account.

News & Resources

*This barrister is authorised to practice in England & Wales. Click here to search on the Bar Standards Board Barristers’ Register.

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