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Michele Gavin-Rizzuto

  • Commercial  

    Commercial

    Michele is regularly instructed by both businesses and private individuals across a broad range of company and commercial law matters. His recent advisory, drafting and advocacy experience includes:

    • Various contractual disputes, including cases arising out of oral contracts and a claim against a well-known money transfer provider
    • The enforceability of exclusion clauses
    • Cases concerning issues of assignment and incorporation of terms, including successfully defending against the incorporation of a notice term which would have doubled the length of a contract
    • Winding up petitions in respect of companies and partnerships in the High Court, including where concurrent bankruptcy petitions are brought against the partners
    • Securing for the debtors the successful resolution of petitions brought against a partnership and its partners where third-party funding to pay the debt could not be released until after the dismissal of the petitions, because of the terms of an undertaking provided to the lender
    • Bankruptcy petitions in respect of individuals in the High Court and County Court, including successfully preventing the dismissal of a petition and securing an order for improved proposals from the debtor where it was argued that an offer of security had been unreasonably refused
    • Applications under the Companies Act 2006, including an application for the replacement of a debenture
    • Cases concerning issues of agency
    • Defending a claim arising out of a building dispute
    • Defending a claim against a dental practice for inflated invoices in respect of the repair of practice machinery
    • Debt recovery work, including claims based on unpaid invoices for university fees and building materials

    Michele is also very familiar with the usual procedural applications, including applications to set aside default judgment, applications for summary judgment, applications for relief from sanctions, and matters concerning costs.

  • Property  

    Property

    Michele has a particular interest in property work. His practice encompasses real property, leasehold, landlord and tenant, and social housing work, in both the courts and the Tribunal. He is regularly instructed by a broad spectrum of clients, including mortgage lenders, local authorities, and private individuals.

    Michele has recently been instructed to provide advice, draft pleadings and conduct hearings in relation to the following:

    • Service charge disputes, including compliance with the consultation requirements and the reasonableness of service charges
    • Forfeiture proceedings based on rent arrears and other breaches of covenant, including immoral use and unauthorised alterations to the structure of the property
    • Possession claims, including securing a possession order at trial in a claim defended on the basis of statutory succession to a secure tenancy, and a claim concerning the failed purchase of property where the vendor’s solicitors had stolen the purchase-money and possession proceedings were subsequently brought by the vendor’s mortgagee
    • A dispute arising out of a landlord’s refusal to consent to the assignment of a commercial lease, which required consideration of whether the landlord had acted in contravention of the requirements in the Landlord and Tenant Act 1988
    • Collective enfranchisement and leasehold extension under the Leasehold Reform, Housing and Urban Development Act 1993, including making applications for vesting orders
    • An application for the substitution of a trustee and the making of a vesting order under the Trustee Act 1925
    • Injunction proceedings, including anti-social behaviour and a claim to prevent a non-resident from using residents’ parking bays which raised issues concerning rights of way and prescriptive easements
    • Contested committal proceedings to enforce an anti-social behaviour injunction
    • Applications for orders for sale
    • Applications to set aside possession orders
    • An application to attach a penal notice to a possession order
    • Claims for a civil penalty following breach of the requirements under the Housing Act 2004 in respect of tenancy deposits
    • Claims against trespassers, including where an interim possession order is sought
    • Applications to suspend warrants for eviction, including a case involving allegations of mortgage fraud
    • Applications to re-enter following execution of a warrant

Profile

Michele specialises in commercial and property law, combining sharp legal intellect with a commercially sensitive approach. He has extensive trial experience and is frequently instructed at all stages of litigation from advisory work and drafting through to final hearing. Previous clients have praised Michele’s “professional approach” and “grasp of detail”, describing him as “absolutely outstanding”.

Further information

Qualifications

  • BPTC, Kaplan Law School

  • Bedingfield scholar, Gray’s Inn

  • LLM (commercial law), Darwin College, University of Cambridge

  • LLB (law with European law), (first class honours), University of Nottingham and University of Vienna

 

Michele Gavin-Rizzuto


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Year of Call 2011

Email

mgr@lambchambers.co.uk

Contact clerk

Joe Grimmer

020 7797 8307

VAT Reg No

269 8590 37

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