Simon C. Lane

Simon has extensive experience in contentious probate and private client litigation, including:

• Trusts of Land, co-ownership, constructive and resulting trusts and proprietary estoppel
• Wills, Trusts and Probate claims
• Inheritance Act claims
• Administration actions and disputes involving personal representatives
• Trustee and executor retirement, appointment and removals

Much of Simon’s work is heard in the Chancery Division (Property, Trusts and Probate List) and in the County Courts at Central London and Bristol.

Recent Inheritance, Wills & Probate cases:

• Archibald v Alexander [2020] EWHC 1621 (Ch) – The High Court confirmed that where property is transferred on agreed terms, but the recipient later seeks to act inconsistently with those terms, equity may impose a constructive trust to prevent the recipient from acting improperly.
• Khan and others v Khan [2024] EWHC 2491 (Ch) – The High Court upheld that four London properties were held on trust for subsets of the Khan siblings – declaring an express trust over one property in favour of the daughters and applying De Bruyne-type constructive trusts for the other three properties in favour of the sons – based on shared family understandings and conduct, and ordered the defendant to account for income and mortgage proceeds.

Simon’s longstanding property litigation practice spans the High Court, County Court and First-tier Tribunal (Property Chamber). Areas of expertise include:

• Boundary and adverse possession disputes
• Rights of way and other easements
• Property torts (e.g. nuisance)
• Conveyancing-related disputes
• Co-ownership and Trusts of Land
• Party Wall Act and Access to Neighbouring Land
• Overage and option agreements
• Vesting orders and Bona Vacantia
• Rectification and Land Registration issues

Simon acts in both residential and commercial landlord and tenant matters, including:

• Possession, forfeiture and service charge disputes
• Enfranchisement and leasehold reform
• Housing Act 2004 Improvement Notice appeals
• Business lease renewals under the Landlord and Tenant Act 1954
• Dilapidations and breaches of covenant
• Quiet enjoyment and unlawful eviction

Recent Landlord & Tenant cases:

• PME Cake Ltd PME Cake Ltd v Craig (a protected party by her litigation friend) and others [2022] EWHC 1783 (Ch) – The High Court affirmed that a guarantor remains liable for sums payable under a Tomlin Order settling the principal debtor’s breach – even though the guarantor was not party to the agreement and the principal’s original liabilities were replaced by a payment obligation under that Order.
• Gill (as trustee of Gilcrest UK Pension Scheme) v Lees News Ltd [2023] EWHC 403 (Ch) – The High Court (Chancery Division) held that when considering a landlord’s opposition to a business tenancy renewal under section 30(1) of the Landlord and Tenant Act 1954, a court may assess the tenant’s conduct over the entire lease term – not just at the hearing date – and must reach a holistic determination on whether it would be fair to compel a new tenancy, taking into account both past breaches and remedial efforts.

Town & Village Green, Highway, Planning and Compulsory Purchase

Simon has developed a niche practice in Town & Village Green (TVG) with a strong track record of representing clients at inquiries and in the High Court. He also advises on Highway Law, including rights of way and public-private land-use conflicts.

Recent TVG and Highway cases

• R (oao Goodman) v Secretary of State for the Environment Food and Rural Affairs [2015] EWHC 2576 (Admin) – Simon (led by Douglas Edwards KC) successfully challenged the refusal to register Eastern Fields in Exeter as a new Town Green. The Court held that there was no authority for the planning inspector’s proposition that an appropriation of land to open space use could be simply inferred from the planting of trees on the land.

Simon’s expertise in Town & Village Greens extends to broader planning and environmental matters, especially where restrictive or compulsory purchase issues overlap with land use.

Recent Planning and Environmental cases:

599 Developments Ltd v NMB Generation C0 HPC) Ltd [2019] UKUT 235 (LC) – Simon acted for the Claimant in a matter of the Compulsory Purchase Act before the Upper Tribunal.

Simon has been an accredited mediator since 2006 and mediates widely in his core practice areas. He also represents clients at mediations and joint settlement meetings.

Disputes mediated include:

• Contested probate and Inheritance Act claims
• Boundary and rights of way disputes
• Claims under the Torts (Interference with Goods) Act 1977
• Shareholder and partnership disputes
• Property devaluation and building disputes

Simon is also a member of Chambers’ Inheritance and Probate Mediation Team.

Simon regularly accepts Direct Access instructions in his core areas of practice, particularly in property disputes, contested probate, and town and village green matters.

He is known for being approachable and cost-conscious, and he is happy to offer initial guidance directly to clients. In suitable cases, he will recommend experienced solicitors to assist with case management.

Simon can assist clients in preparing bundles and documents, supported by case management software and a dedicated personal assistant to keep matters efficient and cost-effective. Where appropriate, he can collaborate with KCs and specialist solicitors on complex or appellate matters.

Recent Direct Access cases:

• Liability under personal guarantees
• Enforcement of mediated agreements
• Contested Spanish property ownership
• Inheritance and probate claims
• Boundary and easement disputes
• Town Green applications under the Commons Act 2006

Simon enjoys travel – particularly to France, Italy, Greece and, above all, South Africa.