Regarded as “very clever, academic and good fun” (Chambers UK) Leon has a commercial and chancery practice with a particular emphasis on onshore and offshore traditional chancery and the Court of Protection. He has acted in high-profile cases such as Pakistan v Natwest and the Crociani litigation.
Leon was named by in the Legal Week Private Client Global Elite “Ones to Watch” list in 2017, 2018 and 2019 and is recognised by the legal directories for his work in Traditional Chancery, Trusts, the Court of Protection and Offshore.
In addition to inheritance, tax, commercial chancery and Court of Protection cases, Leon also advises on capital tax and succession planning. He teaches for STEP and gives seminars across the country on all aspects of private client work.
Leon recently authored the new edition of Parker’s Will Precedents (Bloomsbury).
Leon also has a keen interest in regulatory and professional discipline law. He is a barrister member of the Bar Tribunals and Adjudication Service, a member of the judiciary of the Rugby Football Union and a lay member of the professional conduct committee of a national healthcare regulator. He contributed to the current edition of Kenneth Hamer’s Professional Conduct Casebook (OUP).
Leon has been appointed as a Deputy District Judge on the South Eastern Circuit and appointed as a fee-paid tribunal judge as well – assigned to Health Education and Social Care Chamber.
Ranked in Band 1 for Trusts, Band 2 for Court of Protection: Property and Affairs and Band 3 for Chancery: Traditional in Chambers UK 2022.
Practice Areas
Leon is recommended by Chambers UK and Chambers HNW in this area. He is described as “totally on top of technical stuff” and a “a rising star in the field” with “the confidence of a silk” (Chambers UK). His practice encompasses traditional onshore and offshore trust and inheritance disputes and he is regularly instructed by charities in litigation over legacies.
Recent highlights include:
Crociani v Crociani [2017] JRC 146; involved before during and after the trial on behalf of the successful claimant in this complex and lengthy $200m breach of trust claim and in the appeal to the Jersey Court of Appeal
Pakistan v Natwest [2016] EWHC 1465 (Ch) (on non-justiciability, limitation and abuse of process); acting for His Exalted Highness the Nizam VIII of Hyderabad in a long-running claim involving the states of India and Pakistan (led by Eason Rajah QC)
Dellal v Dellal and others [2015] EWHC 907 defending a 1975 Act claim (and associated proceedings in Switzerland) brought by the widow of the deceased (led by Eason Rajah QC)
Pakistan v Natwest [2015] EWHC 55 (Ch) (on sovereign immunity, discontinuance and abuse of process); (led by Eason Rajah QC)
Leon is recommended by Chambers UK in this area. He is described as “a tough litigator and very client friendly” and “Exceptionally responsive, hard-working and smart. He really knows his stuff.”. He is a committee member of the London branch of the Court of Protection Practitioner’s Association.
Leon acts for applicants, respondents and the Official Solicitor in all aspects of Court of Protection work (including Health and Welfare and hybrid applications), but with a particular emphasis on complex property and affairs matters such as tax planning statutory gift applications, statutory wills and the role of the Court of Protection in inheritance disputes.
Leon gives regular talks on Court of Protection practice and procedure.
Recent highlights include:
- Acting for the applicants in a substantial statutory gift application for purely tax planning purposes where P’s life expectancy was shorter than 7 years
- Acting for the Official Solicitor in a number of tax planning applications
- A contested attorney dispute with underlying proceedings to recover money from an ex-attorney on behalf of P
- Acting for the Official Solicitor in an urgent and expedited statutory will application
- A deprivation of liberty challenge with property and affairs aspects and a contested attorneyship
Private Client: Non-Contentious
Leon is recommended in this area by Chambers UK and Chambers HNW. He is “very easy to deal with” and is praised for his “very good quality, practical advice” and “practical opinions on trust law” (Chambers HNW). He is one of the co-authors of Tolley’s Inheritance Tax Planning and a co-author of Parker’s Will Precedents.
Leon teaches the STEP Trust Administration course and regularly speaks on private client subjects around the country He has been described as an “excellent” and “engaging” speaker.
In addition to capital taxes and succession-planning work, Leon is often instructed in applications to correct settlor and trustee mistakes through rectification and the setting aside of settlements in their entirety.
Recent highlights include:
- Re South Downs Trustees Ltd [2018] EWHC 1064 (Ch)
- A rectification of a deed of appointment (unreported, High Court, 2016)
- Setting aside a £1m+ settlement on the ground of equitable mistake (unreported, High Court, 2015)
- A successful will construction/rectification claim (unreported, High Court, 2015)
- A number of applications under the Variation of Trusts Act 1958
Leon has a broad commercial chancery practice with an emphasis on fiduciary duties and accounting. He will often be brought in to deal with complicated financial issues, particularly in relation to partnership, LLP and company accounts. He has recently acted in long-running international proceedings dealing with conflict of law, non-justiciability and sovereign immunity issues.
Leon also has a keen interest in regulatory and professional discipline law. He sits as a barrister member on tribunals for the Bar Tribunals and Adjudication Service and has been appointed as a member of the judiciary of the Rugby Football Union. He is also a lay member of the professional conduct committee of a national healthcare regulator.
Recent highlights include:
- Acting for trustees who successfully set aside service of an unfair prejudice petition
- Breach of trust and fiduciary duty proceedings offshore in relation to a commercial trust and joint venture
- Advising on funeral pre-payment trust structures
- Defending a claim for breach of trust and fiduciary duties in relation to the sale of company shares owned by a trust.
Reported Cases:
- Griffith v Gourgey and others [2018] EWHC 1484 (Ch); on damages for acting without a client’s authority and on costs of an application to set aside orders (led by Eason Rajah QC)
- Pakistan v Natwest [2016] 1465 (Ch): On non-justiciability, limitation and abuse of process (led by Eason Rajah QC).
- Pakistan v Natwest [2015] EWHC 55 (Ch): On sovereign immunity, discontinuance and abuse of process (led by Eason Rajah QC).
Leon has a diverse real property and landlord and tenant practice including co-ownership disputes, developments and possession claims, including squatters.
Recent highlights include:
- Proceedings under the Trusts of Land and Appointment of Trustees Act 1996 where his client had an unadministered interest in an estate.
- A possession claim defended on the basis of proprietary estoppel and the so-called rule in Hastings-Bass.
- A large number of successful squatter claims (including one where the property was occupied by horses).
- Advising on the capital gains tax implications of dispositions of land and options over land.
Leon is recommended in by Chambers High Net Worth which praises his “cogent advice” and “practical opinions on trust law”. He is one of the co-authors of Tolley’s Inheritance Tax Planning and has recently written the new edition of Parker’s Will Precedents (Bloomsbury). He regularly lectures around the country on trusts and inheritance tax planning.
Leon’s capital taxes work focuses on IHT and CGT planning, including lifetime and testamentary mitigation, as well as in the Court of Protection. He also deals with professional negligence aspects of capital taxes work, including applications to correct mistakes with adverse tax consequences and in advising on and acting in claims against negligent advisors.
Recent highlights include:
- A rectification of a deed of appointment from a will trust with adverse IHT consequences (unreported, High Court, 2016)
- Setting aside a £1m+ settlement with adverse IHT and CGT consequences on the ground of equitable mistake (unreported, High Court, 2015)
- Acting for claimants in a substantial claim arising from negligent tax-planning advice (2015-2016)
Leon has been noted by Chambers and Partners (2016) as regularly instructed by charities in relation to legacies. He acts for charities in administration, construction, probate and Court of Protection claims. More broadly, Leon also acts for charities in relation to cy près schemes and third party claims.
Leon is a member of the Charity Law Association and was a member of their working group on the ‘Charities and Litigation’ guidance.
Recent highlights include:
- Defending former charity trustees from a substantial breach of trust claim intimated by the charity
- Advising on distributions from a charity to an insolvent company
- Advising on the charitable status of gifts in a homemade will
- Acting for charities seeking to remove a personal representative.
Recommendations
Qualifications
- Wadham College, Oxford, MA (First)
- Wadham College, Oxford, MPhil (Distinction)
- GDL
- BVC (Outstanding)
Appointments
- Accredited mediator
- Member of the Bar Tribunals and Adjudication Service
- Member of the judiciary of the Rugby Football Union
- Member of the professional conduct committee of the CNHC
Associations & Memberships
- Chancery Bar Association
- Charity Law Association
- Court of Protection Practitioners’ Association
Publications
Speaking Engagements
Leon regularly gives in house talks and seminars and is a sought after speaker for commercial seminar providers. He has been called an “excellent” and “engaging” speaker with an “entertaining presentation” and a recent CLT delegate said of him: “Wonderful speaker; one of the best I’ve seen.” He also teaches for STEP.
Leon Pickering is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is regulated by The Bar Standards Board [Bar Ref 57378] and is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/066] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. He is registered for VAT under the reference 119673101.
