Nicholas Horton
Partner/Head of Dispute Resolution
- Phone: 01892 701313
- Email: nicholas.horton@ts-p.co.uk
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Specialisms & expertise
- Probate disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and disputes relating to the administration of estates and trusts, including issues concerning the conduct of executors and trustees
- Professional negligence disputes, particularly those arising from estate and trust administration, tax planning advice, and complex property transactions
- Planning, compulsory purchase and environmental claims, including planning and enforcement appeals, judicial reviews and handling investigations/prosecutions for breaches of planning/listed building/environmental legislation. Also related professional negligence claims.
Client stories & examples of work
- Acting for executors and trustees on a dispute with the Deceased’s widow over ownership of an expensive West End property; the case involved allegations of constructive trust and proprietary estoppel as well as a 1975 Act claim and issues with estate creditors / discretionary beneficiaries
- Advising trustees of a discretionary will trust on how to exercise their discretion and how to avoid incurring personal liability for costs in the face of a 1975 Act claim and a debt/damages claim against a large estate with assets in several jurisdictions
- Representing beneficiaries on applications to the court under Section 50 Administration of Justice Act 1985 to have executors replaced
- Applying for permission to bring a 1975 Act claim out of time and, once the case had concluded, bringing a professional negligence claim against the client’s former solicitors for residual losses and for increased costs resulting from their failure to commence the 1975 Act claim in time
- Acting for beneficiaries in a professional negligence claim against a large London private client firm for losses arising from tax planning advice provided to their late father
- Acting for executors, trustees and beneficiaries on a professional negligence claim against a major regional firm arising from their will drafting work and from the setting up of a trust
- Acting for the Royal British Legion in the Court of Appeal where important guidance was given on procedures and costs in judicial review cases: [2005] EWCA Civ 1583
- Defending a high value professional negligence claim arising from the purchase of residential property which was later found to have been built on the edge of a former landfill site; the land was severely contaminated and in need of an extensive remediation scheme
- Pursuing a compulsory purchase claim relating to the compensation payable upon the acquisition of land, which included a former quarry, for the Channel Tunnel Rail Link. Ground breaking aspects of planning law were involved.
Achievements & other appointments
Nick is a member of the Professional Negligence Lawyers Association (PNLA).
Profile
Nick’s clients commend his “crystal clear analysis of the law”. He is praised for his ability to “communicate in layman’s language” and for “his appreciation of commercial business drivers”.
In 2008 Nick became the Head of the Dispute Resolution department. He is a member of the Professional Negligence Lawyers Association (PNLA).
Nicholas Horton's depth of experience in this area shows in the way he handles cases. His knowledge of the practice area is so clear that clients are soon put at ease.
The Legal 500 2020
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