Winston Kan

I am a litigation lawyer with experience in a wide range of dispute resolution matters.

I have experience of dealing with a variety of cases in the Court of Appeal, High Court, County Court, Residential Property Tribunal, Leasehold Valuation Tribunal and proceedings before the Adjudicator to HM Land Registry.

My areas of expertise include:

  • Civil/Commercial litigation
  • Property dispute resolution
  • Landlord and Tenant dispute resolution
  • Personal injury (accidents at work/road traffic accidents/slips and trips)
  • Professional negligence

I take pride in being approachable and responsive and working to understanding a client’s needs and achieving the best possible outcome.

Education/background

I studied at the College of Law, London, qualified as a solicitor in February 2007 and joined the firm in July 2009. I previously gained experience in conveyancing before concentrating on civil and commercial litigation.

Client testimonials

Demo Content

Recent notable cases
  • Represented a client in a dispute with his business partner, helping to separate assets between them.
  • Acted for various clients in obtaining orders for sale in a property dispute.
  • Successfully defended a claim made against a company in a commercial property dispute.
  • Represented a freehold company in enforcing covenants in a lease against a tenant.
  • I regularly represent clients injured at work, in road traffic accidents or who have suffered slips and trips.
  • Recently acted in a professional negligence case, in which a client had made a claim against their previous solicitor.
  • Acted for a client to obtain a substantial payout under an income protection policy.
Memberships
  • Law Society Civil Litigation Section
  • APIL (Association of Personal Injury Lawyers)
Additional languages

Cantonese

Out of the Office

I am a keen golfer and a member of Hendon Golf Club. I also enjoy watching football, tennis, international cricket and many other sports. My other interests include watching films, going to museums and travelling.

Ian Pearl

I advise businesses and high-net-worth individuals on a broad range of disputes and I am devoted to delivering sound commercial advice in a cost effective manner.

My advice is based upon seeing the “big picture”. I will not exchange correspondence to score points against another lawyer, only to progress the case for my clients.

Throughout many years as a commercial litigator, I have built up a solid track record advising clients on shareholder disputes, property disputes (including ownership rights, enforcement of covenants and insolvency issues) and acting for both commercial landlords and tenants. From the outset I focus on understanding what outcomes are achievable and then implement a strategy accordingly.

I also regularly advise insolvency practitioners, debtors and their parties seeking to protect or recover assets subject to insolvency / bankruptcy proceedings.

My work in property and insolvency, which often involves issues of intention, capacity and trust law, means that I am also able to offer specialist advice in contentious probate disputes including issues surrounding capacity to make a Will, undue influence and claims against executors for breach of trust. In addition I advise clients in claims where a Will fails to make proper financial provision for a family member.

I have built a reputation of offering sound commercial advice on a cost effective basis, instructing counsel from the top tier of commercial chambers where appropriate.

Education/background

I qualified as a solicitor in 2003, having previously worked on a marine syndicate at Lloyds of London. I practiced at Freemans in the West End before moving to OGR Stock Denton in 2008.

Client testimonials

“When disputes arise Ian gives concise legal and commercial advice to enable me to make the best decision for the company” --- David Burr, Oakfield Foods Limited.

Recent notable cases
  • Successfully claiming that a claimant’s shares were unlawfully converted and that the damages should not simply be assessed at the date that the conversion was found to have taken place, which would have prejudiced the claimant. Miah –v- Islam & Ali. 2IR62019 (2015)
  • Successfully obtaining an ex-parte worldwide freezing order against two individuals who had property which was a relative’s home and had failed to purchase a new home for the relative in breach of a verbal agreement. The case settled very shortly after the emergency order was served. (2015)
  • Claiming that a client’s former solicitors were not entitled to fees due under a “no win, no fee” agreement on the grounds that the retainer was unlawful. The case settled on terms favourable to the client (2016).
  • Acting for two charities and an individual to uphold the validity of a death bed against a former partner who was seeking to rely upon an earlier will. The case settled on highly favourable terms for the clients. (2014).
  • Successfully setting aside worldwide freezing order. McKew v Moore [2012] EWHC 1287 (QB) (cited in Zuckerman on Civil Procedure)
  • A claim to enforce an overseas declaratory judgment which held that the claimant had a beneficial interest in a property in the jurisdiction Shami v Shami [2012] EWHC 664 (Ch) (cited in Dicey & Morris); also [2013] EWCA Civ 227 (CA).
  • Successfully resisting a claim for unfair prejudice relief and the setting aside of a share transaction in a three week hearing and in the Court of Appeal - Re Mister Dee International & Shah –v- Shah [2011] EWHC 1902 (Ch) and [2010] EWCA Civ 1408.
Memberships

Property Litigation Association

Publications

“The Effectiveness of the Corporate Form as a Regulatory Tool in European Sport: Real or Illusory” published in Professional Sport in the EU,  Caiger A & Gardiner S eds, Asser Press, The Hague 2001.

The Battle to rid Sport of Tobacco, Sports Law Bulletin, January 2001.

Leisure interests

I enjoy sailing (proud holder of RYA day skipper certificate) and hope to return to the water once my children are older. I am also a keen cook and trustee of the charity Jnetics.