Siward Atkins KC

Siward acts in disputes about commercial agreements of all kinds except shipping, including:  

• SPAs, with a particular expertise in breach of warranty claims 
• Contracts for the sale and development of land, options, lock-out agreements, rights of first refusal, overage and development agreements 
• JVAs of all kinds and for all purposes 
• Guarantees and indemnities 
• Debentures and security agreements of all kinds 
• Franchise agreements 
• Finance and subordination agreements 
• Factoring agreements 

Siward has expertise in the following:

• Claims for deceit, conspiracy, inducement and unlawful interference
• Applications for proprietary and Mareva type freezing injunctions
• Applications for Anton Piller, Norwich Pharmacal and other sorts of application for pre-action disclosure, evidence preservation and gathering

Siward has expertise in the following kinds of company dispute: 

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

Siward has expertise in the following kinds of partnership dispute: 

• Disputes about the meaning and effect of LLP and partnership deeds 
• Issues about whether a partnership has arisen informally  
• Holding out, apparent authority and warranty of authority claims 
• Exit and dissolution accounting  

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

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

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

• Claims for rescission of property contracts for misdescription, fraud and mistake 
• Disputes about title and registration, including applications to rectify the register 
• Issues about scope and liability on freehold restrictive covenants 
• Adverse possession 
• Co-ownership disputes based on instruments, resulting or constructive trusts and proprietary estoppel 
• Disputes about boundaries and easements 
• Commercial residential leasehold disputes of all kinds, including service charge disputes, rent review arbitrations, applications for relief from forfeiture, disputes about 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 and receivers for sales at undervalue

Siward acts on claims against: 

• Solicitors 
• Barristers 
• Accountants 
• Surveyors 
• IFAs 

Siward has experience in the following kinds of dispute: 

• 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 wills and trust deeds 
• Claims against trustees for breach of trust (innocent, deliberate and fraudulent) together with claims against third parties for dishonest assistance, knowing receipt, tracing and following claims