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Naomi Winston

"Extremely bright with a deep and detailed knowledge of all things partnership and LLP, she brings huge enthusiasm and energy to all her cases."
(Chambers UK 2019)

Naomi Winston’s busy practice covers litigation, drafting and advisory work across the full range of commercial chancery and chancery matters, but with particular focus on partnership, probate and trust matters and property.

 

Practice Areas


Partnership

As recognised by the directories (see above), the law relating to partnership and LLPs forms a core part of Naomi’s practice. She regularly acts for and advises both firms and individual members or partners across a wide range of partnerships from solicitors and accountancy firms to investment banking consultancies and private equity firms to medical practices, farming partnerships and property partnerships. In particular, she regularly advises in relation to partnership exits, team moves, restrictive covenants and remuneration disputes. She has significant experience of advising managing partners on internal issues and also of drafting partnership and members’ agreements, retirement deeds and other related documents.

Reported Cases:

  • Reinhard v Ondra [2015] EWHC 26 (Ch); [2015] EWHC 1869 (Ch): Acting for a former member dealing with questions of the nature of member’s interests in an LLP, whether members can be employees and what terms apply to members.
  • Castledine v Bentley Jennison (a firm) [2011] EWHC 2363 (Ch): Acting for a firm where a former partner sought a declaration that he retained a valuable equitable share of goodwill after his agreed retirement.

Recent Cases:

  • K v H: Acting for a partner and member of a complex private equity structure, challenging the decision to reduce carry.
  • M v S: Taking of an account after dissolution of a property development partnership; disputes as to whether property partnership property and whether fiduciary duties breached.

Private Client: Contentious

Naomi is frequently instructed in contentious probate and family provision claims and regularly deals with disputes about administration of wills and trusts and wills (including removal of trustees and personal representatives and breaches of duties).  She also deals with associated professional negligence issues. Naomi has particular expertise in dealing with those estates or trusts which contain an interest in a partnership or assets used by a partnership.

Reported Cases:

  • TWM Trust Corporation Ltd v Attorney General [2010] All ER (D) 139 (May): Acting for an unincorporated association claiming that it could take a gift in a will to an association with an altered name as the new association carried on the same purposes.

Recent Cases:

  • Acting for a minor’s litigation friend in a 1975 Act claim with complicated residence issues.
  • Acting for the beneficiaries under a will to recover the assets of a substantial estate taken by the administrator.
  • Acting for a beneficiary of a discretionary trust seeking provision of trust information.
  • Acting for the administrator of an insolvent estate dealing with multiple-party litigation against the estate for breaches of trust.
  • Acting for the executor / beneficiary of a will, dealing with claims of lack of capacity and undue influence in circumstances where serious allegations of childhood abuse had been made.
  • Acting for the trustee of a will trust to remove the co-trustee, obtain an order for sale and defend a proprietary estoppel claim by the co-trustee / beneficiary.

Private Client: Non-Contentious

Naomi has significant experience of dealing with non-contentious administration and construction issues relating to trusts and estates. Naomi has particular expertise in dealing with those estates or trusts which contain an interest in a partnership or assets used by a partnership.

Recent Cases:

  • Acting for the executor / trustee of multiple partners in a potentially insolvent partnership which had continued to use the deceased partners’ assets for a number of years.
  • Acting for minors on sale of French ‘trust’ property.
  • Advising as to the construction of a homemade will, drafted to deal with the insolvency of a beneficiary.
  • Advising as to the distribution of an estate in circumstances where the validity of a foreign marriage was in question.

Court of Protection

Naomi particularly enjoys those aspects of her private client practice which involve property and affairs Court of Protection work.

Recent Cases:

  • Disputing appointment of deputy in circumstances where deputy involved in production of potentially invalid will for P.
  • Removing incapacitous settlor / trustee of a trust with power reserved to the settlor to appoint new trustees and add beneficiaries.
  • Duties of a professional deputy in circumstances where a co-deputy (and P’s carer) is charged with a dishonesty offence.
  • Conflicts of interests of attorneys under an EPA.

Property

Naomi has a broad experience of property disputes, both real property and landlord and tenant, including proprietary estoppel and trusts of land, rights of way, restrictive covenants, manorial right disputes, adverse possession, business tenancies and possession actions.

Prior to joining the Bar, Naomi worked as a research assistant in the Law Commission’s Family, Property and Trust Team, largely focusing on the Easements, Covenants and Analogous Rights Consultation Paper.

Reported Cases:

  • Malik v Fassenfelt [2013] EWCA Civ 798; [2013] 3 EGLR 99 (CA): Acting for the landowner in possession claim against trespassers, concerning how proportionality under Article 8 of the ECHR should be applied in the case of a private land owner, the rule that trespassers must be dispossessed forthwith and s 89 of Housing Act 1980.
  • Walker v Burton [2013] EWCA Civ 1228; [2013] 3 EGLR 129 (CA): Case concerning rectification of the register to correct a mistake under Land Registration Act 2002, Sch 4, para 6(2) arising out of the registration of title of a lordship.
  • Kahlon v Isherwood [2011] EWCA Civ 602; [2011] 2 EGLR 23, (CA): Acting for the tenant on an appeal from a decision that a Tomlin order could amount to a prescribed form under the Housing Act 1988.

Commercial Chancery

Naomi also acts and advises in a range of commercial chancery claims, particularly joint ventures, unfair prejudice petitions and shareholder disputes, where she is able to bring her commercial and partnership expertise to bear.

Recommendations


“Extremely bright with a deep and detailed knowledge of all things partnership and LLP, she brings huge enthusiasm and energy to all her cases.” “Has displayed a very clear picture of her expertise in this area and is extremely client-friendly.”

Chambers UK 2019 - Partnership

“She has a commercial approach and provides great strategic advice.”

Legal 500 2018 - Partnership

‘A highly active and very well-regarded barrister with an established reputation as a junior counsel in key partnership cases, who continues to attract attention and admiration as a leading advocate and adviser in her own right’.

 “Incredibly learned, very quick on the uptake and someone who gets up to speed in an incredibly short space of time.” “Very bright and knowledgeable.”

Chambers UK 2018 Partnership

“Extremely bright, with a deep and detailed knowledge of all things partnership and LLP, she brings huge enthusiasm and energy to all her cases.” “Has an enthusiastic manner, is client-friendly and is clearly talented.”

Chambers UK 2017 - Partnership

She “has been attracting increasing acknowledgement from sources as a major figure on the partnership scene, having already made a name for herself supporting senior counsel in high-profile cases. Active in both contentious and advisory roles and an experienced drafter, she is also noted for the excellent relationships she establishes with clients and instructing solicitors.”

Chambers UK 2016 - Partnership

She “provides clear advice and is good with clients”, “she has impressive fingertip command of points of law and authorities”, “she is thorough and hardworking, and has a phenomenal brain. She keeps drilling down and drilling down until she gets the answer that she is looking for” and she is “…noted for her strong cross-examination skills.”

Chambers UK 2015 - Partnership

“Very easy to work with and a pleasure to instruct.”

Legal 500 2016

“She has enormous capability to turn work around quickly and is very capable in her field.”

The Legal 500 2015

Qualifications


  • LLB (First), Leicester University

Associations & Memberships


  •  Association of Partnership Practitioners
  • Chancery Bar Association

Publications


For more information and advice

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

Social links


naomi-winston-chambers-uk-2017Top_tier_firms

Naomi Winston is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. She is registered with The Bar Standards Board [Bar Ref 50785] and is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/061] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. She is registered for VAT under the reference 938328691.

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