Charlotte’s practice focuses on Chancery and property litigation and encompasses both traditional Chancery and commercial work. She has particular expertise in matters concerning the administration of estates and trusts, contentious probate, real property, and Court of Protection property and affairs matters.
Prior to joining Chambers, Charlotte lectured in Equity and Trusts at BPP Law School and continues to regularly lecture to a professional audience. Following pupillage, Charlotte was seconded to the Court of Appeal where she served as a Judicial Assistant assisting the Lord Justices of appeal with their case work.
She is ranked as a leading individual in Chambers in Partners, where she is praised for her encyclopaedic knowledge and her commitment to her cases.Probate & Trusts
Charlotte is able to offer expertise across the spectrum of traditional Chancery practice, including cases involving trusts of land and cohabitation disputes, undue influence, restitution, breach of trust, construction of instruments, insolvency, probate matters and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She regularly represents and advises beneficiaries, executors and trustees in a range of estate and trust disputes in the High Court and County Court.
- Successfully acting on behalf of the beneficiaries of an earlier Will in resisting a claim to admit a later fraudulent Will to probate.
- Advising in the administration of a complex and potentially insolvent estate.
- Acting on behalf of executors in litigation between the executors and various parties asserting competing interests in the estate, including constructive trusts and proprietary estoppel claims.
- Advising in respect of the construction of a trust deed creating a life interest in favour of a party lacking capacity.
- Advising in relation to the setting aside of negligently drafted settlements.
- Successfully securing an award for a child with autistic spectrum disorder under the Inheritance (Provision for Family and Dependants) Act 1975.
Charlotte accepts instructions in Court of Protection matters concerning property and affairs and has experience of dealing with matters involving complex estates, assets situated offshore and allegations of financial abuse.
- Successfully securing an order approving the execution of a statutory Will disinheriting a party suspected of substantial and sophisticated financial abuse of P.
- Offering urgent advice on the eve of completion to an attorney concerning the exercise of her powers of sale of P’s property in circumstances of a conflict of interest.
- Advising a deputy in relation to the set aside or appeal of an order adverse to P’s interests made in earlier proceedings.
Charlotte accepts instructions in professional negligence matters associated with her other areas of practice.
- Recovering damages against a firm of solicitors on behalf of a child in a case concerning a missed limitation period under the Inheritance (Provision for Family and Dependants) Act 1975.
- Advising the deputies of a party lacking capacity in relation to a potential negligence claim against solicitors who had failed to adequately advise that party in relation to a transaction tainted by undue influence.
- Successfully recovering damages against a firm of solicitors who acted in relation to a mortgage procured by undue influence.
Charlotte accepts instructions in a broad range of commercial disputes and has acted in matters concerning corporate and personal insolvency, mortgages, debt recovery, breach of fiduciary duties and partnership disputes.
- Defending proceedings in which a claimant was seeking to fix the defendant with personal liability for the debts of a company in circumstances where it was alleged that the defendant had given an oral assurance that would have been void as a guarantee but valid if construed as an indemnity.
- Defending possession proceedings in the High Court brought by an insurer in circumstances where a double subrogation to the rights of discharged mortgagees was sought and involving issues of limitation and adverse possession.
- Securing favourable terms of settlement in case involving the fraudulent transfer of property, breach of fiduciary duty and economic torts.
Charlotte accepts instructions in all aspects of property litigation and has experience of disputes concerning the sale of land, boundary disputes, mortgage possession claims, residential and commercial landlord and tenant matters (including appearances in the First Tier Tribunal and County Court, service charge disputes, dilapidations and forfeiture proceedings).
- Successfully obtaining orders for forfeiture and possession in a matter involving a breach of planning permission and unauthorised alterations.
- Acting for residential leases in proceedings in the First Tier Tribunal pursuant to the rights of first refusal provisions of the Landlord and Tenant Act 1987.
- Successfully acting for the freehold company in a long-running service charge dispute and resisting a counterclaim for disrepair.
Charlotte accepts instructions in matrimonial finance matters, particularly in cases involving complex property law issues where she is able to draw upon her property and Chancery expertise. Recent instructions include acting for an intervener in matter where the assets concerned a working farm in which the intervener retained an interest pursuant to the terms of a farming partnership and agricultural leases and acting for the deputy of a party lacking capacity in relation to matters arising from the implementation of a consent order made in financial remedy proceedings.
Charlotte John secures order in significant statutory Will case - Oct 2017
Brighton Triathlon & London to Brighton Bike Ride - Sep 2017
Supreme Court Judgment Ilott v The Blue Cross Comment Piece by Charlotte John - Mar 2017
Charlotte John’s success in the Society of Trusts and Estates Practitioners Diploma - Jul 2013
Case Comment: Gallarotti v Sebastianelli  EWCA Civ 865 - Sep 2012