Barbara Rich

hailed for her "expert legal knowledge as counsel" and for being "a pleasant, sensitive and effective mediator."

Chambers UK 2012 : Chancery - Traditional

at the top of the Office of the Official Solicitor's and local authorities' lists for representation. A "Don" of the Court of Protection, she has a magisterial command of its workings and has shown herself to be "an impressive performer" time and again.

Chambers UK 2012 : Court of Protection

distinguishes herself by "offering a service that goes beyond what is normally expected."
Chambers UK 2010 : Chancery - Traditional

Practice

Barbara Rich has practised as a barrister at 5 Stone Buildings since 1991. She specialises in succession, trusts and Court of Protection cases, often of substantial value and/or legal complexity and importance, concerning

• validity of wills, disputes about entitlement to probate and the administration of estates and trusts
• interpretation and rectification of wills and trusts
• claims under the Inheritance (Provision for Family and Dependants) Act 1975
• proprietary estoppel claims arising from alleged testamentary promises
• all aspects of contentious trust claims involving family, charitable and pensions trusts
• applications under the Variation of Trusts Act 1958
• the Mental Capacity Act 2005 and the property and affairs jurisdiction of the Court of Protection
• professional negligence related to the above

Professional reputation

Barbara is recommended as a leading junior for traditional Chancery work in both Chambers UK and the Legal 500 2011 guides, and has been recommended by both guides for several years. She is one of only five barristers (three at 5 Stone Buildings) recommended in Band 1 of traditional Chancery juniors in Chambers 2011.  Chambers 2007 described her as "a swift intelligent advocate", in 2008 as " a strong player...with a manner that is... charmingly traditional." in 2009 as "highly regarded for her straightforward manner and understated approach" and in 2010”distinguishes herself by offering a service that goes beyond what is normally expected.”. Barbara was shortlisted for the Elder Client Law Professional of the Year award at the STEP Private Client Awards in October 2009 and for the Chancery junior of the year award at the Chambers Bar Awards 2010 and again in 2011.

Mediation

Barbara is an enthusiastic and effective mediator with a rapidly developing practice, particularly in contentious probate and Inheritance Act claims. Mediation clients have praised her persistence, patience and ability to help the parties focus on the issues in dispute. Recent feedback includes "patient and kind and very intelligent... she handled questions of fact and law very sensitively"; "Barbara's expertise and understanding of  the law, as well as her personal, yet pragmatic, touch resulted in a very quick and positive settlement for all involved"; "very grateful for the sensitive and diplomatic way a potentially volatile situation was handled" and "very able, knowledgeable and with a very good manner".

Publications and lecturing

Barbara is is the consultant editor of Jordans' Elder Law Journal (first issue published January 2011) and a contributor to Heywood & Massey: Court of Protection Practice and has written articles for a range of other professional journals. She is regularly in demand for speaking engagements within her field of expertise.

Recent and forthcoming speaking engagements:

February 2010       IBC Fiduciary Risk conference, Zurich

February 2010       Legal Network Television: Private Client

February 2010       Trusts and Estates Litigation Forum, Provence

June 2010              STEP Cayman

June 2010              Macfarlanes solicitors (with David Rees, Joseph Goldsmith and Mark Baxter)

September 2010    Wilsons solicitors (with David Rees)

October 2010         ACTAPS (with David Rees)

November 2010     Jordans publishing: podcast – Claims under the Inheritance Act 1975

November 2010     5 Stone Buildings annual Court of Protection seminar

January 2011         Withers solicitors (with David Rees)

February 2011       LexisNexis Private Client Law and Practice webinar

March 2011            Trusts and Estates Litigation Forum, Provence

Forthcoming articles:

January 2011         Private Client Business: Gorjat v. Gorjat – 'Identifying the ‘true issue’ in international law'

January 2011         Elder Law Journal: 'The Assessment of Capacity for Legal Purposes'

March 2011            Trusts and Estates Law and Tax Journal: 'Kings v. Bultitude'

March 2011            Elder Law Journal: 'Best Interests Revisited'

Languages

Barbara reads and speaks French well and is happy to accept instructions which have a French element or require reading French documents.

Notable Cases

Notable cases in which Barbara has appeared include:

Court of Protection

• Re G(TJ) [2010] EWHC 3005 (COP) - important case on best interests under Mental Capacity Act 2005 in relation to lifetime gifts made y P
• ITW v Z [2009] WTLR 1781 - statutory will under the Mental Capacity Act 2005
• Baker v H [2010] 1 WLR 1103 - principles relating to fixing security for a property and affairs deputy
• Re P [2010] Ch 33 - landmark case on court's approach to making a statutory will under the Mental Capacity Act 2005
• Re S and S [2010] 1 WLR 1082 - court's approach to P's own wishes when determining best interests under the Mental Capacity Act 2005
• Re F [2004] WTLR 657 - statutory will - court's approach to specific devise in previous will

Together with a number of other cases of which the facts and law remain private, but which have involved substantial assets, highly contentious allegations and multi jurisdictional issues.

Succession

• Kings v Bultitude [2010] WTLR 1571 - challenge to the validity of charitable gift to defunct Ancient Catholic Church
• Gorjat v Gorjat [2010] EWHC 1537 (Ch) - challenge on grounds of capacity and undue influence to validity of transfer of Swiss bank accounts into joint names/issues of forum and applicable law
• Macdonald and Bannigan v Frost [2009] WTLR 1815 - proprietary estoppel post-Thorner
• Supple v. Pender [2007] WTLR 1461 - probate - forgery of a will
• Ottey v Grundy High Court, and Court of Appeal [2003] WTLR 1253 - proprietary estoppel - causation and detriment in claim against estate of former co-habitee
• Gandhi v Patel [2002] 1 FLR 603 - Inheritance (Provision for Family and Dependants) Act 1975 - whether claimant a survivor of a void marriage entered into in good faith
• Fuller v Strum [2001] WTLR 677 - probate - alleged forgery of will
• Singer v Isaac [2001] WTLR 1045 - Inheritance (Provision for Family and Dependants) Act 1975 - surviving spouse - relevance of deceased's memoranda
• Jennings v Rice High Court [2001] WTLR 871 and Court of Appeal [2002] WTLR 367 - proprietary estoppel - extent of equity required to do justice

Trusts and Trustees

• Sutton v England [2010] WTLR 335, [2009] EWHC 3270 (Ch) - application under section 57 of the Trustee Act 1925
• Painter v Hutchison [2007] EWHC 758 (Ch) - sham trusts
• Thomas v Kent [2006] EWCA Civ 1485 - construction of residuary trusts of will made in 1944
• Iliffe v Trafford & Fitzgerald [2002] WTLR 507 - defence to trustees' liability to account on footing of wilful default

Pensions

• Lewis v Pensions Ombudsman [2005] PLR 195 - interpretation of agreement for pension enhancement
• Stevens v Bell [2001] PLR 99 - British Airways pension scheme litigation
• Bestrustees v Stuart [2001] PLR 283 - interpretation of documents effecting equalisation in pension scheme

Other

• Braymist v Wise Finance Co Ltd High Court and Court of Appeal [2002] 2 All ER 333 - enforceability of  company's pre-incorporation contract for sale of land

Professional Memberships

Barbara is a member of the Chancery Bar Association, the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trusts and Probate Specialists (ACTAPS), and an honorary member of Solicitors for the Elderly (SFE).