3PB

Property and Estates; Commercial.

Overview

Gavin Hamilton brings his many years of experience of practice as a barrister and a sharp and critical focus to the analysis of legal problems within his areas of specialisation.

For his instructing solicitors, Gavin aims to provide an efficient and responsive service and to turn around work speedily, where circumstances require it and he has the capacity to commit to doing so.

For the lay client, Gavin always tries to see the client’s perspective on their particular problem, to explain legal issues clearly and to give realistic advice as to how best to resolve matters.

He also accepts instructions on a direct access basis.

Gavin principally practises from London, but he is always willing to travel to our five other centres or to clients for conferences. He undertakes work in any part of the country.

Gavin was head of the Property and Estates Group in chambers for several years and he now heads the Commercial Group.

Gavin's practice covers a wide area of civil litigation. He specialises in the following areas:

• Professional negligence claims
• Property litigation
• Wills, probate and chancery disputes
• Commercial litigation & arbitration, including sale of goods, insurance and partnership disputes

He is an experienced adviser and trial advocate.

Gavin is an Accredited Mediation Advocate.

Commercial

Professional Liability

Much of Gavin’s experience both at 4 New Square until 2004 and at 3PB since then has been in professional liability claims.

His main practice area comprises claims involving solicitors, but he also regularly deals with claims involving accountants, barristers, insurance brokers, financial services advisers, surveyors, valuers, architects and engineers.

Reported cases:

Feakins-v-Burstow [2005] EWHC 1931 (QB), [2006] PNLR 6 – damages claim against solicitors for mishandling earlier civil litigation involving live sheep exports, leading unusually to the re-opening of the appeal in the original case.

McGlinn-v-Waltham Contractors Ltd. [2007] EWHC 149 (TCC), 111 Con LR 1 – Gavin represented the architects in a claim brought by their client for damages for defective design and construction of a luxury house in Jersey.

Kandola-v-Mirza Solicitors LLP [2015] EWHC 460 (Ch), [2015] PNLR 15 – claim against conveyancing solicitors for not protecting the client from the insolvency of the seller.

Luffeorm Ltd.-v-Kitsons LLP [2015] EWHC B10 (QB), [2015] PNLR 30 – claim by purchaser of public house for damages against its solicitor arising out of the solicitor’s failure to advise client to seek a restrictive covenant from the seller.

Hughmans-v-Dunhill [2015] EWHC 716 (Ch), [2017] EWCA Civ 97 – acting for solicitors on claim for fees and defending counterclaim for alleged negligence in the conduct of matrimonial proceedings.  A successful application for summary judgment was overturned on appeal.

Most of Gavin’s cases settle and usually at a mediation, at which he is frequently instructed to appear.

Recent cases:

• Acting for claimant against his conveyancing solicitors on sale of property for their failure to protect him against fraud on part of buyer, as result of which much of the purchase price was returned to the buyer on a bogus undertaking
• Claim against solicitors arising out of failure to advise sellers of development land as to the terms of the overage agreement and negligent drafting of the clauses
• Acting for claimant against solicitors arising out of negligence in failing to advise in  relation to partial surrender of commercial premises
• Claim against solicitors for failure to advise client on specific risk in settling claim arising out of lease of leisure business
• Several claims against solicitors for failing to advise joint purchasers as to the different methods of co-ownership of property resulting in loss to one of the owners on eventual sale
• Claim for damages against solicitors for failing to arrange for execution of will within the time scale of the instructions
• Claims by lenders against surveyors arising out of overvaluations of commercial and residential property
• Claims by property owners against surveyors arising from negligent surveys of residential property
• A claim by a commercial landlord against a surveyor acting under a rent review clause
• A claim against a surveyor acting as an expert witness in a boundary dispute
• Advising taxpayers on the recovery of tax paid unnecessarily, due to accountant's failure to advise
• Acting for taxpayers and accountants in claims to recover penalties and interest due to delays in preparation and filing of accounts and tax returns
• Acting for a company against its auditors for failing to identify thefts by an employee
• Acting for accountants resisting a claim by taxpayer for tax paid because no claim made to foreign domicile
• A claim against an architect for not providing proper advice about the absence of planning permission
• Acting for an engineer who advised on piling works for a domestic project
• Acting for an architect in the successful defence of a claim by developer concerning the restoration of a mediaeval timber-framed building
• Acting for architects on claims brought by employers arising out of extensions to domestic and commercial premises
• Defending an engineer in complex multi-party litigation about a landfill site
• Defending ground investigation contractors on a claim by the developer for loss and expense arising out of delays to housing development.

Trading and business finance         

Sale of goods and services

Gavin regularly advises businesses and consumers on contractual disputes concerning the sale and supply of goods and services.  These include disputes about contractual interpretation and exclusion and indemnity clauses.

Guarantees, indemnities and bonds

Gavin was instructed for the defendant in Close Brothers Ltd.-v-Ridsdale [2012] EWHC 3090 (QB), [2012] All ER (D) 156 in claim arising out of a guarantee given in connection with a property development.

Insurance

Gavin has acted in fire claims against insurers, professional negligence claims against insurance brokers and has advised on policy and coverage points concerning non-disclosure and breach of warranty, particularly for professional liability policies and legal expenses insurance policies.

He acted for the insurers in Pine-v-DAS Legal Expenses Insurance Co. Ltd.-v-Pine [2011] EWHC 658 (QB), [2012] Lloyd’s Rep IR 346.

Partnership and business entities

Gavin advises on various types of disputes for partnerships including farmers, solicitors, doctors, dentists and orthodontists.

Reported cases include:

Travelnet & Tours Ltd.-v-Patel [2012] EWHC 1438 (QB) - where Gavin acted for a defendant who had set up a company with a similar name to the claimant.

Kyaw-v-Claasen [2015] EWHC 3337 (Ch) in which he was instructed in a dispute about an expenses-sharing agreement between dentists and successfully resisted an application for an injunction compelling the defendant to join in an application for a new lease of the surgery from which the parties operated.

Property and Estates

Gavin's property work covers many aspects of the law of real property, including:

• Conveyancing
• Land registration
• Overage agreements
• Adverse possession
• Mortgages
• Co-owners’ disputes
• Commercial and residential landlord and tenant disputes
• Boundaries
• Easements
• Restrictive covenants
• Rights of way
• Trespass and nuisance
• Party wall disputes.

Reported cases include:

Rehman-v-Benfield [2006] EWCA Civ 1392, [2007] 2 P & CR 317 – successful appeal by freeholder against judgment against him in his absence based on prescription

Ijacic-v-Game Developments Ltd. (2009) (Land Registry Adjudicator) – successfully resisted claim by lender to a charge obtained by an imposter owner following identity theft on death of registered proprietor

Gordon-v-Elizabeth Court (Bournemouth) Ltd. [2012] EWHC 1333 (QB) – dispute about construction of lease in relation to parking arrangements in underground car park at block of flats

Chancery work covers principally:

·         Wills and probate

·         Inheritance Act claims

Wills and Probate

Gavin regularly advises on disputes concerning wills, including issues relating to their validity and due execution and the interpretation and effect of wills, the administration of estates and claims under the Inheritance (Provision for Family & Dependants) Act 1975.

Recent cases:

• A dispute within a farming family as to where the testator’s share of the farm should go, giving rise to issues of testamentary capacity, knowledge and approval and proprietary estoppel
• Claims by estranged children against the estates of their parents under the 1975 Act
• Disputes between siblings as to proper administration of the estate of their parents
• Many cases involving claims to an interest in family property arising under proprietary estoppel and/or constructive trust

Called 1979, Gray’s Inn. Pupil supervisor.

Chancery Bar Association London Common Law & Commercial Bar Association Professional Negligence Bar Association (PNBA) Property Bar Association Western Circuit

Accredited Mediation Advocate