Norman Lamb

PROFILE

Norman has developed a strong chancery practice, specialising in probate, trusts and property law matters.

He is regularly instructed to appear at complex and high-value hearings and trials in courts and tribunals across England and Wales, both at first instance and on appeal. Norman has extensive experience litigating in the Business and Property Courts and Chancery Division of the High Court. In addition, he is regularly instructed to provide specialist advice and complex technical drafting.

Norman has built an established reputation for his persuasive written and oral advocacy, meticulous preparation and dependable client care. His caseload regularly includes disputes beyond his year of call. Norman has a particular skill for identifying and researching pertinent issues and strives to find pragmatic solutions, tailored for each client.

AREAS OF PRACTICE

PRIVATE CLIENT: TRUSTS, PROBATE, WILLS & ESTATES

• Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam) (Principal Registry, London) - Successfully acted in an unusual s.122 Senior Courts Act application before the Chief Chancery Master in the High Court. The wider probate claim concerned the testator’s capacity. The client’s standalone application compelled the draftsperson of the deceased’s will to attend the High Court under a penal notice for cross-examination in relation to a Larke v Nugus request. Costs were successfully obtained against the draftsperson.
• F -v- A (High Court, Manchester, ChD) - Successful in a sombre and emotional matter concerning an urgent without notice interim injunction, s.116 Senior Courts Act 1981 and the Non-Contentious Probate Rules 1987. Norman secured an urgent injunction, on both prohibitory and mandatory grounds, to immediately halt the imminent cremation of a client's father, scheduled at an undisclosed time and location. Before an expeditated trial, two weeks thereafter, Norman secured a s.116 Order to 'pass over' the presumed administrator to appoint his client with entitlement to the body and funeral arrangements.
• Claims for and against executors, administrators and beneficiaries.
• Applications to administer and distribute estates.
• Applications for an inventory and account of estates.
• Drafting and attending s.50 Administration of Justice Act applications to remove or replace executors of an estate.
• Drafting and attending s.116 Senior Courts Act applications to ‘pass over’ those ordinarily entitled to a grant of representation for an estate.
• Dealing with rights relating to the deceased post-death, burial and funeral arrangements, exhumations.
• Testamentary challenges - Lack of capacity, undue influence, want of knowledge and approval, fraudulent calumny, donatio mortis causa/deathbed gifts.
• Cases arising from breach of trust or fiduciary duty.
• Validity of wills.
• The effect and consequences of wills upon death.
• Cases involving double portions and advancement.
• Constructive trusts, resulting trusts and estoppel.
• Caveats against probate applications.
• Advising trustees and beneficiaries in relation to wills and trust documents, including in relation to construction and distribution.
• Injunctive relief.
• Providing legal opinions regarding settlement for protected parties.

PROPERTY

• Real and personal property.
• TOLATA disputes - Constructive trusts, resulting trusts, proprietary estoppel, equitable accounting and occupational rent.
• Enforcement action.
  - Norman has recent experience acting for school/insurer clients in relation to the enforcement of monies against the properties of former teachers convicted of historic offences.
• Mortgages, charges and other securities against property.
  - Norman will be editing a prominent practitioner text on Mortgage Law, focusing on the enforcement of securities against property.
• Claims to compel trustees to transfer property to absolute beneficiaries.
• Vesting Orders.
• Escheat and bona vacantia.
• Applications to vary or remove restrictions/charges at H.M. Land Registry.
• Tribunal matters, in both the Residential Property and Land Registration divisions.
• Landlord and tenant matters.
  - In particular, Norman successfully resisted an appeal in relation to an application for relief from forfeiture of a commercial unit situated below a large student residential high-rise.
  - Acting for both landlords/commercial clients and tenants.
• Boundary disputes.
• Rights of way over land and injunctive relief.
• Adverse possession.
• Torts (Interference with Goods) Act, bailment and conversion.

COMPANY & INSOLVENCY

• Partnership disputes.
  - Norman acted for a foreign client in a large partnership dispute involving numerous Porsche motor vehicles.
• Corporate and personal insolvency applications.
• Winding up petitions, restoration of companies to the Register.
• Applications to execute documents on behalf of another.

FURTHER

• Norman regularly delivers seminars and presentations for professional clients and legal groups.
• Video Q&A: Funeral Disputes
• Article: Injunctions & Funeral Disputes
• Presentation: Manchester Law Society, Property Law Conference