Rosalyn Shephard

Rosalyn has primarily acted for solicitors and their insurers in defending professional negligence claims brought against them. However, her practice is now expanding to cover acting for claimants in the professional negligence arena as well.

Recent Work

• Successfully defending a claim brought against solicitors and their insurers in relation to a property transaction. Summary judgment was obtained against the Claimants, together with an order for costs. This case also involved Judicial Review and an application to the Court of Appeal, together with numerous other complex applications including notably an application by the Defendant to rely on without prejudice correspondence in proceedings on the basis of unambiguous impropriety.
• Advising on a potential claim for professional negligence against construction consultants.
• Recent professional negligence cases include dealing with claims against solicitors and surveyors.

Rosalyn handles disputes on behalf of administrators and executors, as well as disappointed beneficiaries. Her practice covers disputes relating to private individuals as well as acting on behalf of charities in defending claims against estates. Rosalyn also deals with Court of Protection litigation, having acted for and advised a deputy and an attorney in the recovery of property, and assisting in an application for the removal of attorneys.

Recent Work

• Acting for an administrator in a complex claim for an account on the footing of wilful default against former administrators. The events complained of spanned a period of over 30 years.
• Bringing and defending claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 by various classes of applicant (including widows, cohabitees and adult children).
• Acting for an executor in relation to the removal of a caveat and dealing with claims arising in relation to mutual wills and want of knowledge and approval.
• Acting for deputies and attorneys in regaining possession of property, and assisting in proceedings brought in the Court of Protection in relation to the removal of financial and property affairs attorneys.
• Recent contentious probate disputes cover acting for the administrator of an estate in a complex high value claim against former administrators, claims under the Inheritance (Provision for Family and Dependants) Act 1975, claims dealing with mutual wills, want of knowledge and approval and removal of executors.

Rosalyn handles a wide range of property disputes on behalf of private individuals, trustees of landed estates and companies. She advises in residential, agricultural and commercial property disputes.

Recent Work

• Bringing and defending claims for adverse possession.
• Advising on regaining possession of property from tenants / licencees and trespassers.
• Preparing notices to serve on Agricultural Holdings Act tenants and advising generally on the Agricultural Holdings Act, including claims for dilapidation and compensation.
• Advising on the enforceability of restrictive covenants and their removal / modification.
• Recent property disputes include claims relating to adverse possession, restrictive covenants, nuisance, possession of residential, agricultural and commercial property, title and boundary disputes, rights of way and maintenance of the same, and disputes relating to property sales (including misrepresentation).