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Siward Atkins QC

Call: 1995 | Silk: 2020

Overview

Siward acts in disputes about companies, commercial agreements, trusts, insolvencies, civil fraud and real estate. The width of his practice means that he is often a one stop shop for any dispute with a mix of these elements.   

He has appeared in many of the most important civil fraud and commercial cases in the last ten years, including the Ablyazov, WT Air, Koza litigation and the landmark case of Ivey v Genting, both as a junior and now as a silk. He has combined that with a wide variety of nimbler cases, mainly in the UK and Jersey, many of which have recently gone to trial and the Court of Appeal.   

 

As an advocate most of his work is in the High Court, although his real estate practice also takes him to the County Court and Upper Tribunal. He has had more than 25 years’ experience of hard-fought trials and interim applications of all kinds, but his friendly style and commercial common sense make him a popular advocate for mediations as well.  

Terms of Business 

The clerks are happy to discuss the basis on which Siward will act in any given matter. In the absence of express written agreement otherwise, the terms under which Siward accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

“He is a consummate team player, and is flexible in his approach, very prepared to engage in debate and consider other points of view.” (2021)

Legal 500 UK
Fraud: Civil

“He's a very persuasive and attractive advocate.” (2021)

Chambers UK
Chancery: Commercial

Expertise

Overview

Siward deals with disputes about commercial agreements of most kinds except shipping contracts, including:

  • Contracts for the sale and development of land, options, lock-out agreements, rights of first refusal, overage and development agreements
  • Joint venture agreements for all purposes
  • Guarantees and indemnities
  • Debentures and other security agreements
  • Franchise agreements
  • Finance and subordination agreements
  • Factoring agreements

Overview

Siward has particular expertise in the following kinds of company dispute:

  • Claims against directors for self dealing and breach of fiduciary duty plus associated claims against third parties for dishonest assistance and knowing receipt, tracing and following claims
  • Shareholders’ disputes, unfair prejudice and just and equitable winding up petitions
  • Derivative claims
  • Acting for directors on disqualification claims and applications for permission to act when disqualified

Siward has acted in a variety of partnership disputes and has recently developed an expertise in dissolution accounting. Most recently his cases have involved:

  • Issues about whether a partnership has arisen informally
  • Disputes about the meaning and scope of clauses in partnership deeds
  • Claims by third parties against firms where a non-partner has been held out as a partner
  • The proper valuation of the partnership business when it is wound up years after the survivors started to carry it on

Overview

Siward is regularly instructed on both corporate and personal insolvency disputes and court applications. These include:

  • Applications to set aside statutory demands and to restrain winding up petitions
  • Contested administration, winding up and bankruptcy petitions, including public interest winding up petitions
  • Applications to appoint provisional liquidators
  • Applications to set aside preferences and transactions at an undervalue
  • Misfeasance applications against administrators, liquidators and trustees in bankruptcy
  • Disputes about IVAs and CVAs, including the conduct of meetings and the payment of dividends

Overview

Siward has previously been recommended as a leading junior for Property Litigation in Chambers UK.

He has experience in most kinds of property dispute, including:

  • Claims for the rescission of property contracts for misdescription, fraud and mistake
  • Disputes about registration and title
  • Issues about the scope and liability of restrictive covenants affecting freehold land
  • Contested applications to rectify the register
  • Co-ownership claims based upon instruments, resulting or constructive trusts or proprietary estoppel
  • Adverse possession claims
  • Disputes about boundaries and easements
  • Commercial and residential leasehold disputes of every kind, including service charge disputes, rent review arbitrations, applications for relief from forfeiture, disputes about withheld consents, dilapidations and other breach of covenant claims, 1954 Act applications and leasehold enfranchisement claims
  • Mortgage claims and disputes, including possession claims and claims against mortgagees for sales at undervalue

Overview

Siward has experience in the following kinds of dispute:

  • All kinds of contentious probate
  • Claims to set aside wills, trusts and other instruments for undue influence and other unconscionable conduct
  • Disputes about the meaning and effect of clauses in trust deeds
  • Claims against trustees for breach of trust (innocent, deliberate and fraudulent) plus associated claims against third parties for dishonest assistance and knowing receipt, tracing and following claims

Overview

Although not a specialist professional negligence barrister, Siward is often instructed on professional negligence cases in which his expertise in other areas of law, particularly property law, is of value. He acts on claims against:

  • Solicitors
  • Barristers
  • Accountants
  • Surveyors
  • IFAs

Overview

Notable cases include:

Directory quotes

Legal 500 UK
Fraud: Civil

“He is a consummate team player, and is flexible in his approach, very prepared to engage in debate and consider other points of view.” (2021)

Legal 500 UK
Fraud: Civil

“Able to deliver advice to all sorts of clients and his pleadings are second to none.” (2020)

Legal 500 UK
Fraud: Civil

“Calm and clear – he identifies issues very early and is good on his feet.” (2019)

 

Legal 500 UK
Fraud: Civil

“A very good senior junior for fraud cases.” (2017)

Legal 500 UK
Fraud: Civil

“An excellent advocate, who has a modern approach to working with solicitors.” (2016)

Legal 500 UK
Property Litigation

“Recommended for title disputes, covenants and adverse possessions.” (2019)

Legal 500 UK
Property Litigation

“Top-drawer.” (2017)

Legal 500 UK
Property Litigation

“Well liked by clients.” (2016)

Chambers UK
Chancery: Commercial

“He's a very persuasive and attractive advocate.” (2021)

Chambers UK
Chancery: Commercial

“He's a classic chancery barrister who is able to lend his hand to all chancery matters.” (2020)

Chambers UK
Real Estate Litigation

“Very incisive and hugely enthusiastic" "a stout performer.” (2011)

Memberships

  • Chancery Bar Association
  • COMBAR

Qualifications

  • MA (Edin)
  • PhD (Cantab)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Siward Atkins QC

Call: 1995 | Silk: 2020

satkins@maitlandchambers.com

“He is a consummate team player, and is flexible in his approach, very prepared to engage in debate and consider other points of view.” (2021)

Legal 500 UK

Fraud: Civil

Overview

Siward acts in disputes about companies, commercial agreements, trusts, insolvencies, civil fraud and real estate. The width of his practice means that he is often a one stop shop for any dispute with a mix of these elements.   

He has appeared in many of the most important civil fraud and commercial cases in the last ten years, including the Ablyazov, WT Air, Koza litigation and the landmark case of Ivey v Genting, both as a junior and now as a silk. He has combined that with a wide variety of nimbler cases, mainly in the UK and Jersey, many of which have recently gone to trial and the Court of Appeal.   

As an advocate most of his work is in the High Court, although his real estate practice also takes him to the County Court and Upper Tribunal. He has had more than 25 years’ experience of hard-fought trials and interim applications of all kinds, but his friendly style and commercial common sense make him a popular advocate for mediations as well.  

Terms of Business 

The clerks are happy to discuss the basis on which Siward will act in any given matter. In the absence of express written agreement otherwise, the terms under which Siward accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Memberships

  • Chancery Bar Association
  • COMBAR

Qualifications

  • MA (Edin)
  • PhD (Cantab)

Commercial Disputes

Siward deals with disputes about commercial agreements of most kinds except shipping contracts, including:

  • Contracts for the sale and development of land, options, lock-out agreements, rights of first refusal, overage and development agreements
  • Joint venture agreements for all purposes
  • Guarantees and indemnities
  • Debentures and other security agreements
  • Franchise agreements
  • Finance and subordination agreements
  • Factoring agreements

Company, Partnerships & LLPs

Siward has particular expertise in the following kinds of company dispute:

  • Claims against directors for self dealing and breach of fiduciary duty plus associated claims against third parties for dishonest assistance and knowing receipt, tracing and following claims
  • Shareholders’ disputes, unfair prejudice and just and equitable winding up petitions
  • Derivative claims
  • Acting for directors on disqualification claims and applications for permission to act when disqualified

Siward has acted in a variety of partnership disputes and has recently developed an expertise in dissolution accounting. Most recently his cases have involved:

  • Issues about whether a partnership has arisen informally
  • Disputes about the meaning and scope of clauses in partnership deeds
  • Claims by third parties against firms where a non-partner has been held out as a partner
  • The proper valuation of the partnership business when it is wound up years after the survivors started to carry it on

Insolvency & Restructuring

Siward is regularly instructed on both corporate and personal insolvency disputes and court applications. These include:

  • Applications to set aside statutory demands and to restrain winding up petitions
  • Contested administration, winding up and bankruptcy petitions, including public interest winding up petitions
  • Applications to appoint provisional liquidators
  • Applications to set aside preferences and transactions at an undervalue
  • Misfeasance applications against administrators, liquidators and trustees in bankruptcy
  • Disputes about IVAs and CVAs, including the conduct of meetings and the payment of dividends

Real Estate

Siward has previously been recommended as a leading junior for Property Litigation in Chambers UK.

He has experience in most kinds of property dispute, including:

  • Claims for the rescission of property contracts for misdescription, fraud and mistake
  • Disputes about registration and title
  • Issues about the scope and liability of restrictive covenants affecting freehold land
  • Contested applications to rectify the register
  • Co-ownership claims based upon instruments, resulting or constructive trusts or proprietary estoppel
  • Adverse possession claims
  • Disputes about boundaries and easements
  • Commercial and residential leasehold disputes of every kind, including service charge disputes, rent review arbitrations, applications for relief from forfeiture, disputes about withheld consents, dilapidations and other breach of covenant claims, 1954 Act applications and leasehold enfranchisement claims
  • Mortgage claims and disputes, including possession claims and claims against mortgagees for sales at undervalue

Private Client

Siward has experience in the following kinds of dispute:

  • All kinds of contentious probate
  • Claims to set aside wills, trusts and other instruments for undue influence and other unconscionable conduct
  • Disputes about the meaning and effect of clauses in trust deeds
  • Claims against trustees for breach of trust (innocent, deliberate and fraudulent) plus associated claims against third parties for dishonest assistance and knowing receipt, tracing and following claims

Professional Negligence

Although not a specialist professional negligence barrister, Siward is often instructed on professional negligence cases in which his expertise in other areas of law, particularly property law, is of value. He acts on claims against:

  • Solicitors
  • Barristers
  • Accountants
  • Surveyors
  • IFAs

Notable Cases

Notable cases include: