Mikhail Charles

Mikhail has substantial experience across a broad range of real property, regularly advising, drafting and appearing in matters such as boundary disputes, trespass, easements, freehold and leasehold covenants, nuisance, rights of way, adverse possession and compulsory purchase orders.

Mikhail appears in courts and tribunals in England and Wales and in the Caribbean in relation to property disputes. He is also able to advise on disputes which touch on the two jurisdictions – for example contentious probate disputes in England and Wales where one of the assets of the estate is land in the Caribbean.

Mikhail undertakes commercial and residential work on behalf of both landlords and tenants, and has experience dealing with diverse landlord and tenant issues including the creation of leases, both equitable and legal, litigation arising from the Landlord and Tenant Act 1954 and the forfeiture, surrender and determination of leases.

Mikhail is regularly instructed in cases for both landlords and tenants relating to assured shorthold and assured tenancies, disrepair, the accelerated possession procedure and rent arrears. He is familiar with the procedures in the First Tier Tribunal and experienced at dealing with cases in that jurisdiction.

Recent cases in which Mikhail has been instructed include:

• Advising and preparing defences to a variety of claims for unpaid rent which raised issues of disrepair, contractual interpretation, and the validity of Section 8 and Section 21 Notices;
• Appearing at a number of private rental possession proceedings (and advising on such proceedings);
• Advising on and preparing Particulars of Claim for a variety of circumstances, including  the forfeiture of commercial leases and residential property.
• Representing landlords and property owners in residential possession proceedings against tenants and trespassers.

Mikhail has developed a UK facing practice dealing with co-ownership of a home or other property in non-marital relationships, proprietary estoppel and undue influence under TOLATA 1996. He also has experience in dealing with contentious probate proceedings, particularly advising personal representatives on the construction of wills, and on the proper way to manage the administration of an estate. Mikhail has also advised on and represented trustees and beneficiaries in relation to Caribbean domiciled entities and structures. He is particularly in demand in cases where the two jurisdictions overlap – for example where there is a dispute over an estate with assets in both England and Wales and the Caribbean.

Recent cases in which Mikhail has been instructed include:

• Representing the Claimant in Part 8 proceedings in relation to the administration of a trust (the case settled prior to trial).
• Representing the Claimant in contested Part 8 (now Part 7 proceedings) for Section 15 TOLATA proceedings over a joint names property valued at £2 million.
• Advising personal representatives on the proper construction of a will and how the estate assets fall to be distributed.
• Advising on proceedings brought by beneficiaries relating to discretionary trust (Monaco and Hong Kong)

Mikhail has considerable experience of appearing in court and advising on a wide range of corporate and personal insolvency matter. In corporate matters, he has a lot of experience at appearing for petitioning creditors and companies at the hearing of winding up petitions, and advising and appearing in applications to set aside statutory demands.

In personal matters, he is experienced at appearing for petitioning creditors and debtors at the hearing of bankruptcy proceedings, and is able to advise on the detailed procedures in this area of law.

Mikhail is also experienced at dealing with freezing orders and applications under the Proceeds of Crime Act.

Mikhail welcomes instructions in this area of practice.

Mikhail has experience of advising on a range of company law matters and appearing at trials and hearings on behalf of companies and company directors. He welcomes instructions in this practice area.

Representative instructions include:

• Appearing at a hearing concerning a claim for rectification of a company’s register of members;
• Advising on an application to restore a company to the register;
• Appearing on applications to extend time for the registration of a charge.

Mikhail is regularly instructed in cases involving the creation of contracts, incorporation of terms, breach and enforcement of contracts.  He has considerable experience of dealing with cases involving cross border contracts, assets and judgment enforcement, specifically in the Caribbean.

He frequently undertakes a wide variety of work relating to all manner of civil litigation in the Caribbean, for example acting in judicial reviews on behalf of 13 rejected Islander Status applicants (Turks and Caicos Islands).

Mikhail is qualified in a number of Caribbean jurisdictions, and is able to appear in the courts of the British Virgin Islands, St Kitts & Nevis and St Vincent and the Grenadines. His practice in those areas is primarily made up of property, corporate and commercial work and insolvency proceedings. Mikhail regularly travels to the Caribbean to appear in courts there.

Mikhail is also able to accept instructions in cases proceeding in England and Wales where there is an offshore element – for example where there is a judgment which may need to be enforced in the Caribbean. He can act as an advocate or an expert witness in such cases.

Mikhail is able to accept instructions as an expert witness for anyone requiring advice on the law in other jurisdictions where he is qualified. He can advise, for example, on the various methods of enforcing a judgment in the Eastern Caribbean and the correct procedure for each. Mikhail accepts instructions as a sole expert or single joint expert, and is familiar with the requirements under CPR 35.

Mikhail is also able to advise on the operation of English law in Caribbean jurisdictions, either in court or in arbitration proceedings.

To instruct Mikhail, please contact Rob Johnstone.