Commercial litigator specialising in insolvency, company fraud, banking and real estate disputes. He regularly deals with freezing injunctions and other urgent applications.
Radcliffe Chambers
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Alex has a busy Commercial Chancery practice with an emphasis
on commercial litigation, civil fraud, banking and finance,
insolvency, shareholder and corporate disputes and professional
negligence. He has considerable experience of cross-border
litigation and advising on conflicts of law and issues of
jurisdiction.
Specialist areas of practice include: personcal and corporate insolvency, directors' disqualification, company, landlord and tenant; mortgages; real property.
Barrister specialising in contentious insolvency, company (in particular directors’ disqualification) and private client work. He has extensive trial experience and as Junior Counsel to the Crown acts for central government as well as directors, corporations, insolvency practitioners, other professionals, charities and private individuals.
Leading commercial chancery junior, specialising in insolvency (including cross border), company commercial (including fraud) and financial (including banking) law. Experienced practitioner in wide range of domestic (and some international) tribunals, arbitrations and mediations.
PRACTICE AT THE BAR: Planning, property, local government, rating and valuation and compulsory purchase and compensation litigation in court, and at public inquiries and tribunals, and advisory work. Illustrative cases: Planning: R (otao Zafar) v. Sec of State for C & L Govt. (2015) – s. 288 challenge to refusal of planning permission, R (otao Elliott) v. South Norfolk DC (2015) - judicial review of planning permission, Chichester DC v. Searle(s) (2013-14) - s. 187B injunction & committal for contempt, R (otao Hill) v. Worthing BC (2012) – judicial review planning powers challenge, South Norfolk DC v. Elliott, Jay & Valoris – sale of land following direct action by LPA (2010) - Adjudicator to HM Land Registry. Additional planning regulatory prosecutions and enforcement cases involving listed buildings, conservation areas, trees, advertising and POCA. Property: Henley Investments Ltd. v Westwoods Ltd. (2016) leasehold enfranchisement dispute, Olivewood Ltd v. Barnet LBC (2015), and Camden LBC v. Cornhill Investments Ltd. (2014) & Camden LBC v. Travis Perkins plc (2013) – all Pt II 1954 Act (f) landlord’s intended redevelopment cases, Camden LBC v. Post Office (2014) - rental value dispute Swiss Cottage Post Office, Mayor’s Office for Policing & Crime v. Metropolitan Police (Imber Court) Sports Club and others (2010 – 2014) equitable/beneficial interest in real property Chancery Division. Local Government: Brentwood BC – land held on charitable trust or corporate property, disposal and procurement (2016), Hounslow LBC - disposal of charity land (2015), Brent LBC charitable bequests (2014), Surrey County Council (2014) library bequest, Bath and NE Somerset Council (2014) – care home fees portfolio, land charges and land registration. Rating: Masala Zone v. Golding (V/O) [2016] UKUT 328 (LC), Vines v. de Mauny (V/O) [2010] UTUT 322 (LC) rating valuation appeals, Broxtowe BC v. Scotia Aid Sierra Leone (2015) rates liability of charity, Camden LBC v. Travis Brothers (2013) rates liability of night club owners, Camden LBC v. Retail Space Management Ltd. (2009) liability for retail space in Camden.
Praised by clients for his “practical and commercial” approach, Daniel’s practice focuses on private client, insolvency and commercial disputes in England and Wales and the British Virgin Islands.
Banking and financial services, commercial litigation; consumer credit; insolvency (corporate, personal, directors disqualification, Re Waterfall Media (In Administration) [2013] BPIR 1109); pensions; property (landlord and tenant, real property, mortgages); professional liability; trusts (Killearn v Killearn [2011] EWHC 3775 (Ch)); wills and estates.
Dawn specialises in chancert commercial litigation; with particular emphasis on insolvency, comany and civil fraud. She frequently acts in cases involving transaction avoidance, misfeasance and/ or breach of fiduciary duty, claims founded on secondary liability for breach of trust in dishonest assistance and knowing receipt, and wrongful trading. Her practice areas also include cases concerning business sale agreements, shareholder disputes, breach of warranty and guarantees.Dawn previously acted as Junior Counsel to the Secretary of State for Business, Energy and Industrial Strategy for Directors' Disqualification Directions hearings. This provided Dawn with extensive experience of the duties of directors, particularly in the context of insolvency.Dawn's aptitude, combined with her practical knowlege and commercial approach to litigation, has proved extremely valuable. Furthermore, Dawn is a skilful and foreceful advocate. Her strategic judgement together with her approachable nature ensure with solicitors and clients continue to instruct Dawn as their counsel of choice.
Dov Ohrenstein’s practice focuses on litigation and dispute resolution in the fields of commercial, private client and property law. He has wide-ranging experience across all manner of chancery matters including banking, company and insolvency, partnership, trusts, wills and probate and professional negligence cases, particularly solicitors’ and accountants’ negligence. He is equally experienced in complex contractual litigation, such as sale of goods, agency, loans and employment disputes.
Chancery and commercial practice, specialising in real property and private client litigation, areas of work including land, boundaries, easements, freehold covenants, landlord and tenant, trusts, wills and probate, family provision, administration of estates, contract and commercial disputes, consumer credit and insolvency.
Barrister specialising in pensions, retail financial services and building society work (litigation and drafting and constitutional issues relating to societies); trusts, wills and probate (contentious and non-contentious); professional negligence relating to solicitors, accountants, actuaries and surveyors (claimants and defendants); conveyancing and property litigation; cases include: Twogates Properties v Birmingham Midshires Building Society; Davies v Richards & Wallington Industries; Bowers v Bowers; Gibbon v Mitchell; Cheltenham & Gloucester Plc v Booker; Johnson v Gore Wood; Re T&N Ltd; Alitalia-Linee Aeree Italiane SPA v Rotunno; HR Trustees Ltd v German (the IMG case) Prudential Staff Pensions v Prudential Assurance Company; Danks v QinetiQ Holdings; the Pensions Regulator v A Admin; Arcadia Group Ltd. v Arcadia Group Pension Trust Ltd; NRAM Plc v Nelmes.
Chancery, with an emphasis on charities: also education. Recent cases include Sparrow, Came & Websper v Charity Commission and Others (First-tier Tribunal (Charity) (2014); Bangor Provident Trust Limited and Victoria Housing Estates Limited v Charity Commission for Northern Ireland (Charity Tribunal for Northern Ireland) and (on appeal) High Court in Northern Ireland and (Victoria only) Court of Appeal in Northern Ireland) (2013, 2014, 2015); Cifci v Erbil (Chancery Division) (2012); Attorney General v Charity Commission & Others (Upper Tribunal) (2012); R (Independent Schools Council) v Charity Commission & Others (Upper Tribunal) (2011). Numerous non litigation cases involving sensitive matters and high profile organisations.
Gary Lidington specialises in the full range of commercial, commercial chancery and property disputes, including related professional negligence disputes, both in the English Courts and in arbitration. His practice includes sale and supply of goods and services, banking and financial services, partnership, company and insolvency, commercial agency and insurance matters, much of which has a strong fraud or multi-jurisdictional element. His property practice traverses the full range of landlord and tenant and real property matters. He has a growing and successful Oil and Gas practice. He is known for his practical, commercially-minded and client focused approach.
Barrister specialising in real property-related litigation and commercial litigation, particularly involving equitable remedies; also specialises in probate, administration of estates and professional negligence (barristers, accountants and solicitors etc) concerned with areas of the law of a general Chancery and commercial nature; cases include: Woolwich Building Society v Dickman [1996) 3 All ER 204; Urban Manor v Sadiq [1997] 1 WLR 1016; Bankgesellschaft Berlin AG and Others v Philip Makris and Others, Commercial Court 1998 (unreported); The Special Trustees for Great Ormond Street Hospital for Children v Pauline Ruskin and others [2001] WTLR 1137; and P&O Overseas Holdings Ltd v Rhys Braintree Ltd and Dawnay Day Properties Ltd TLR 5 April 2002; Queen Elizabeth’s Grammar School Blackburn Ltd v Banks & Wilson [2002] PNLR 210-320.
Barrister specialising in pensions; private client; trusts, wills and estates; financial services; related professional negligence. Co-editor of Wurtzburg & Mills: Building Society Law (Sweet & Maxwell).
Howard Smith’s practice is in traditional and commercial chancery. He specialises in property work (easements, rights of light, covenants, party walls, conveyancing and associated professional negligence claims), probate and administration of estates, Court of Protection and charities. He is a deputy master of the Chancery Division.
Josh is a private client specialist, concentrating on contentious and non-contentious trusts, contested probate and asssociated disputes. His trust experience covers onshore and offshore work, which predominantly involves Jersey and Guernsey. Josh also advises on tax, usually in connection with estate planning and trust arrangements. He has developed a niche specialism in connection with the PSC Register, advising companies, trustees and individuals in relation to complex and high-value trust and corporate structures, predominantly offshore.
Barrister specialising in Chancery, comprising charities, wills, trusts including offshore work, property, company and insolvency, and commercial litigation.
Justin Holmes is an experienced adviser and advocate in both the Chancery Division and the Court of Protection. In the High Court, he advises and represents executors, trustees and beneficiaries in disputes involving wills, estates and trusts, and has particular experience of applications under the Inheritance (Provision for Family and Dependants) Act 1975. He has advised and represented clients in numerous cases involving the selection or replacement of executors, administrators and trustees. His practice includes applications in the Probate Registry of the Family Division as well as in the Chancery Division of the High Court. A major part of his work is providing sensible, clear and practical advice to executors, trustees and administrators on the construction of wills and trusts, and, if necessary, obtaining the court’s determination of questions in dispute. He also has particular experience of Court of Protection litigation, including contested deputyships, objections to attorneys under Lasting and Enduring Powers of Attorney, orders for lifetime gifts and statutory wills, applications for declarations of capacity, applications for personal welfare orders (such as a direction as to which residential home is suitable for the incapacitated person, or whether a particular individual should be allowed to visit the incapacitated person), and applications for authority to conduct litigation. He is a regular speaker at conferences on Court of Protection matters and on wills and probate issues.
Barrister specialising in general Chancery; private client, trusts and estates (including taxation), wills, probate, family provision, property litigation, landlord and tenant, commercial and residential property, Court of Protection, revenue, charities. Cases include: Densham-v-The Charity Commission for England and Wales [2019]; Reid-v-Revenue and Customs Commissioners [2018]; Christodoulides-v-Marcou [2017]; Hashmi v IRC (CA); McAdam Properties Ltd v Robinson (CA); Lonsdale v Braisby (HMIT) (ChD); IRC v Arkwright; R v LVT ex parte Sayers; Coombes v HMRC; Elizabeth court (Bournemouth) Ltd v HMRC (ChD); The Serious Organised Crime Agency v Szepietowski [2009-11]; Taff v Highways Agency; Siaw v Lock (ChD) [2011]; Holden Hindley v Holden Hindley (ChD) [2013]; Szepietowski v National Crime Agency (SC) [2013].
Her practice covers a broad spectrum of commercial and insolvency work for international and domestic clients, across a wide range of sectors (including financial services and real estate). She has notable experience in dealing with cross-border issues in insolvency litigation.
Principal area of work is general chancery, primarily pension schemes, real property, trusts, professional negligence and commercial litigation. Important cases include William Makin, MMI v Harrop, Hearn v Younger, Re T &N Ltd, British Vita v British Vita Trustees, Cripps v Trustee Solutions, Re ILG Travel, R v Takeover Panel ex parte Datafin, Re Thompson's Settlement, Gillett v Holt, Harwood-Smart v Caws, Bloor v Calcott, Lambeth BC v Blackburn, Bogg v Raper, Worby v Rosser, Dent v Ellison Furniss Blank, Jasmine Trustees v Wells & Hind, Weir v Secretary of State for Transport (the Railtrack case), Alitalia v Rotunno, ITS v Hope (the llford case), HR Trustees v German (the IMG case), Prudential Staff Pensions v Prudential Assurance, Houldsworth v Bridge Trustees, Danks v QinetiQ, Rigid v Sarjeant, Vaitkus v Dresser Rand, Pensions Regulator v. A Admin, Briggs v Gleeds, Arcadia Pension Schemes, the Jimmy Savile litigation and Buckinghamshire v Barnardo’s.
Marcus Flavin practices mainly in the field of trusts and estates.His experience covers both contentious work, including breach of trust cases, tracing claims, claims against trusts arising out of matrimonial litigation, construction cases, non-contentious probate applications and summonses, contentious probate claims, and applications under the Inheritance (Provision for Family and Dependants) Act 1975; and non-contentious work, including drafting, construction, advising trustees and executors on proposed courses of action, advice on capital taxation matters, and applications for approval of variation. He has a particular interest in offshore trust litigation and advisory work, particularly in Jersey and Man. He also practices in the fields of insolvency, partnerships, and property and has a particular interest in disputes concerning farms and agricultural matters.
The focus of Marie-Claire Bleasdale’s practice is advocacy in court, in particular the conduct of witness actions. She has developed a reputation as a tenacious advocate, and is praised by clients both for the effort and commitment she puts into all her cases and for the importance she attaches to communicating well with clients at every stage of a case. She has an advisory practice dealing with non-contentious Chancery and general common law work. Her wide range of experience in advising in property disputes includes commercial and residential landlord and tenant; joint ownership of property; resulting and constructive trusts and proprietary estoppel; rights of ways; boundary disputes; restrictive covenants; adverse possession; mortgages and charging orders including claims for possession and sale; and contracts for the sale of land. Marie-Claire also advises in connection with contentious probate, the construction of wills and trust deeds, administration of estates and trusts, and tax issues related to these matters. She has a wealth of experience of applications for provision under the Inheritance (Provision for Family Dependants) Act 1975. Marie-Claire’s experience in the field of professional negligence includes litigation and advice in respect of solicitors’, accountants’ and surveyors’ negligence.
Barrister with a Chancery and commercial advisory and litigation practice.
Martin specialises in commercial litigation, corporate and shareholder disputes, professional negligence and contentious corporate insolvency. Martin is extremely versatile, both as an adviser and an advocate, having acted for many different kinds of clients including SMEs, financial institutions, funds, insolvency practitioners and high net worth individuals. He is admitted in a number of jurisdictions and has substantial experience in disputes which are in international in nature or involve cross-border issues.
Nathan Wells has a wide ranging Chancery practice, which includes wills and trusts, probate and administration of estates, real property, charities, commercial and residential landlord and tenant and bankruptcy law. He is also regularly involved in general commercial litigation and has considerable experience of litigation involving local authorities. His practice includes contentious and non-contentious work. He appears regularly in the High Court and in County Courts throughout the country and he has also acted in a number of appeals, including appeals before the House of Lords and the Privy Council. He writes and lectures on his main areas of practice.
Oliver is a chancery barrister specialising in trusts, estates and property disputes, with a particular emphasis on contentious probate, breach of trust and fiduciary duties, setting aside lifetime transactions, 1975 Act claims and real property related litigation, including constructive trusts, proprietary estoppel and co-ownership disputes. Oliver’s practice also compliments his considerable expertise in the field of pensions, including pensions liberation, amendments to trust deeds, pensions administration, trustee disclosure and the winding up of schemes. Cases of note include Re Jordan Deceased [2016] EWHC 732 & [2016] EWHC 962; Ong v Ping [2015] EWHC 1742; Re Walker Deceased [2014] EWHC 71; HR Trustees v Wembley [2011] EWHC 2974; Haq v Island Homes [2011] EWCA Civ 805.&
Barrister specialising in commercial Chancery litigation; in particular, banking and financial services, property litigation (especially involving mortgages and property investment), litigation concerning the commercial application of trust principles, professional liability litigation relating to these principal areas of practice (especially involving solicitors, barristers, surveyors or valuers); together with associated areas of Chancery practice (including pensions, insolvency, company and partnership law). Illustrative cases: (banking and financial services) numerous recent cases involving the alleged mis-selling of pension and other financial products and especially cases with limitation issues, e.g. Anderson v Openwork Ltd [2015] EW Misc B14, Jacobs v Sesame Ltd [2015] PNLR 6 (CA), Evans v Santander UK plc [2013] EW Misc B55; Williamson v Bank of Scotland [2006] BPIR 1085; Rayner v FSA, Townsend v FSA (2004) (009) (Financial Services & Markets Tribunal); (property litigation) Morningside Residents Association Ltd v Martin [2015] EWLandRA 2014/0193; Graves v Capital Home Loans Ltd [2014] CTLC 233 (CA); Design Progression Ltd v Thurloe Properties Ltd [2005] 1 WLR 1; (commercial trust litigation) Horler v Rubin [2013] 1 BCLC 1 (CA); Dyson Technology Ltd v Curtis [2010] EWHC 3289 (Ch); Public Trustee v Bailey [2005] All ER (D) 12 (Dec); (professional liability) Ikbal v Sterling Law [2014] PNLR 9; (insolvency and other areas of Chancery practice) Butterworth v Soutter [2000] BPIR 482.
Piers Feltham has a general Chancery practice specialising in particular in property, private client, probate and trusts, capital taxes, landlord and tenant, mortgages and securities, pensions, company and commercial, insolvency, partnership, charities, court of protection, family provision, professional negligence and cohabitation.
Reuben Comiskey is a busy commercial chancery junior, with a focus on fraud and insolvency. He is frequently instructed in company, shareholder and partnership disputes. He has particular expertise in cases involving breaches of fiduciary duty (directors’ or otherwise), proprietary remedies (particularly in cases of accessory liability) and obtaining pre-emptive remedies. Reuben contributes to Kerr & Hunter on Administrators and Receivers (20th Ed.), and A Practical Guide to Insolvency Litigation (2nd Ed.).
Main practice areas include: real property disputes, landlord and tenant, contentious trust and probate litigation, private client, charities, partnership, lending and security, business and commercial litigation, tort claims in property or business contexts, professional negligence, particularly of solicitors, barristers, surveyors and accountants, and claims for injunctions and equitable remedies. Illustrative cases: University of London v Prag [2014] EWHC 3564 (Ch) – charities, university governance; Human Dignity Trust v Charity Commission for England and Wales [2015] WTLR 789 – charities, charitable purposes, human rights; Marwaha v Singh [2013] EWCA Civ 1878, [2014] PTSR 1166 – charities, litigation costs; Re Wedgwood Museum Trust Ltd (In Administration), [2011] EWHC 3782 (Ch), [2012] WTLR 913 – charities, liability of charitable assets for pension scheme liabilities; Shergill v Khaira [2012] EWCA Civ 983, [2012] PTSR 1697 – charities, justiciability of religious issues; Faidi v Elliot Corp [2012] EWCA Civ 287, [2012] HLR 27 – landlord and tenant; claim between lessees; Attorney General v Charity Commission for England and Wales [2012] UKUT 420 (TCC), [2012] WTLR 977 – charities, relief of poverty and public benefit; Howard v Howard-Lawson [2012] EWCA Civ 6, [2012] 3 All ER 60 – trusts; name and arms clause; R (on the application of Independent Schools Council) v Charity Commission for England and Wales) [2011] UKUT 421 (TCC), [2012] Ch 214 – charities, advancement of education, public benefit, judicial review of statutory guidance; Catholic Care (Diocese of Leeds) v Charity Commission (Chancery Division, [2010] 4 All ER 1041) – equality legislation; ability of charitable adoption agency to discriminate on grounds of sexual orientation; Power v Open Text (UK) Ltd Group Life Assurance Scheme Trustees (Chancery Division [2010] Pens LR 89) – group life assurance scheme, trustees’ powers and duties; Various Claimants v Institute of the Brothers of the Christian Schools (St William’s Group Litigation)(Queen’s Bench Division, 2009) – Class action, vicarious liability of religious organisations, Seevaratnam v Charity Commission (Charity Tribunal, 2009) – removal of trustee of charity; Guignabaudet v Scott-Moncrieff [2009] All ER (D) 239, Court of Appeal – landlord and tenant, consent to alterations; Father Hudson’s Society and Catholic Care v The Charity Commission for England & Wales (Charity Tribunal, 2009) – Charities, equal opportunities legislation; Dorrington Belgravia Ltd v McGlashan [2009] 08 EG 116 – Landlord and tenant, development of airspace; R (on the application of the Governors of Hockerill College) v Hertfordshire County Council (Administrative Court, 2008) – Judicial review, public rights of way; Seray-Wurie v Charity Commission (Chancery Division, 2008) – Appeal to High Court from order of Charity Commission removing charity trustee; Rysaffe Trustee Co v Ataghan Ltd (Chancery Division 8/9/06) – landlord and tenant, surrender of quarrying lease by operation of law – real property, implied acquisition of easements; Montrose Court Holdings Ltd v Shamash (Court of Appeal [2006] EWCA Civ 251) – real property, easement of parking, derogation from grant; Latchman v Pickard (Chancery Division 12/5/05) – medical partnership, rights to use of surgery premises following dissolution; Adams v Schofield (Court of Appeal [2004] WTLR 1049) – family provision, extension of time for claim; Re R (Chancery Division [2003] WTLR 1051) – Court of Protection, statutory will; Luckies v Simmons (Chancery Division [2003] 2 P & CR 30) – land law, restrictive covenants, stay of High Court proceedings to allow application to Lands Tribunal; Re Barton dec’d (Chancery Division [2002] WTLR 469) – administration of estate of testator domiciled abroad, variation of will – conflict of laws Recognition of Trusts Act 1987; Rodway v Landy (Court of Appeal [2001] Ch 703) – medical partnership, whether surgery premises partnership asset or separate property – NHS, restriction on disposal of goodwill of medical practice – real property, division of property under Trusts of Land and Appointment of Trustees Act 1996; Re E (Enduring Powers of Attorney) (Chancery Division [2001] Ch 364) – Court of Protection, agency, conflicting enduring powers of attorney; Varsani v Jesani (Court of Appeal [1999] Ch 219) – charities, jurisdiction of court to make charitable scheme; Norwich Union Life Insurance Society v Low Profile Fashions Ltd (Court of Appeal [1991] 64 P & CR 187) – landlord and tenant, whether duty of care owed by landlord on granting consent to assignment of lease; Lloyds Bank v Duker (Chancery Division [1987] 1 WLR 1324) – administration of estates, treatment of majority shareholding in private company; Essex plan v Broadminster (Chancery Division [1988] 56 P & CR 353) – landlord and tenant, lease or licence; Layton v Martin (Chancery Division [1986] 2 FLR 227) – administration of estates, claim by partner of deceased to interest under constructive trust; Tabarrok v E D C Lord & Co (Court of Appeal, The Times 14/2/97) – professional negligence, limitation of actions; Property Discount Corporation v Lyon Group Ltd (Court of Appeal [1980] 1 All ER 334) – company, priority of changes; Manchester City Council v Greater Manchester Metropolitan County Council (House of Lords [1979] 78 LGR 71) – local government, powers of local authority to set up educational charity.
Roger Mullis is a Chancery practitioner with an emphasis on property and trusts litigation, contentious probate, the administration of estates and family provision. Within the property field he has particular experience in landlord and tenant, both commercial and residential, including leasehold enfranchisement. In addition he undertakes a substantial amount of professional negligence work, particularly in relation to the above areas.
Commercial: Insurance, sale of goods, financial contracts, agency, credit & security, banking and financial services, engineering, energy (oil, gas, renewables), telecommunications, economic torts, bailment and conversion. Commercial Chancery: insolvency and company, partnership, set-off, confidential information, directors and other fiduciaries. Fraud: simple deceit to international asset tracing, breach of trust and fiduciary duty, dishonest assistance, fraudulent trading and transactions defrauding creditors. Professional Negligence: Solicitors, barristers, brokers, financial advisers, accountants, insolvency practitioners, surveyors and engineers – with particular expertise in associated limitation issues. Engineering: has advised and acted in a range of engineering disputes from giant water pumps in Wales to boric acid filtration plants in Turkey. Limitation: Advice, litigation and writing on the English Limitation Act and analogous foreign limitation laws. Privilege and disclosure/e-disclosure; Conflict of laws: Choice of law and jurisdiction disputes in a wide range of fields. Emergency interim relief: Employment: wrongful dismissal, covenants in restraint of trade, business secrets and confidentiality. Arbitration: He has advised or acted in arbitrations (here and abroad) under various institutional rules including LCIA, ICC, SIAC, Swiss Rules as well as ad hoc. He is ranked as a leading junior in commercial litigation in both Chambers & Partners and the Legal 500. He is ranked as a leading junior in commercial chancery in Chambers & Partners. He is ranked as a leading junior in commercial fraud in the Legal 500. He is ranked as a leading junior in professional negligence in the Legal 500.
Simon Mills is an experienced commercial barrister working in civil fraud, banking & finance litigation, contentious insolvency and asset recovery. He is lead counsel in the Arena litigation, a series of asset-recovery cases involving the largest hire purchase fraud ever seen in the UK with losses exceeding £280 million.
Simon is known for his user-friendly service and practical approach to helping his clients who are mainly financial institutions and banks, companies and insolvency practitioners.
Barrister and ADR Group accredited mediator specialising in property, commercial chancery and related professional negligence work. Appears regularly in the Property Trusts and Probate, Business, TCC, Insolvency and Companies lists of the Business and Property Courts of England and Wales, in the Court of Appeal, in the First Tier and Upper Tribunals, and in mediation and arbitration. Reported cases include Kuznetsov v Camden LBC [ 2019] EWHC 805 (Ch) (agreement in correspondence arguably compliant with s.2 Law of Property (Miscellaneous Provisions) Act 1989); Baxter & Others v Stancomb [2018] EWHC 2529 (Ch) (order for sale on TOLATA application re property which was part only of a large estate); Food Converters Ltd v Newell [2018] EWHC 926 (Ch) (claimant had not dispossessed paper title owner of land for the purposes of the transitional provisions of the Land Registration Act 2002); Thomas & O’Reilly v Mariner Properties Ltd & Others [2017] BPIR 598 (court looks to substance rather than form when considering tracing of assets through transfers of bank money); Squarestone Ltd v Bishop (2017) (Chd) (mandatory injunction compelling purchaser of commercial property to remove improperly obtained official search certificate from the title of the property); Therium (UK) Holdings Ltd v Cable Plus BV & Others [2016] EWHC 2421 (Comm) (interim remedies for breach of trust arising out of litigation funding agreement); Moorjani v Durban Estates Ltd [2016] 1 WLR 2265 (basis of assessment of damages for breaches of covenants to maintain common parts and to insure building); Smart v The London Borough of Lambeth [2014] HLR 7 (express/implied consent in context of claim to title to property by adverse possession); Good v Onsette Limited [2013] EWHC 3447 (Ch) (entitlement to beneficial ownership of shares in and dividend declared by mining/overseas exploration company); Scott v Kennedys Law & Vertex Law [2011] EWHC 3808 (Ch) (method of assessment of loss on the no transaction basis); Islam v Al Sami [2011] EWCA Civ 32 (validity of equitable charge); Joyce v Bowman Law Ltd [2010] PNLR 22 (causation and computation of damages in claim against negligent conveyancers for loss of a chance to develop land); Ofulue v Bossert [2009] 1 AC 990 HL (acknowledgement of title, without prejudice rule in context of adverse possession claim); Legal Services Commission v Banks (2008) 20 EG 137 (CS) (whether a temporary postponement of rent pending satisfaction of a significant award of damages is a financial gain for the purposes of the statutory legal aid charge); Ofulue v Bossert [2008] 3 WLR 1253 CA (adverse possession, human rights); Mortgage Credit Limited v Kalli [2007] EWCA Civ 1156 (adverse possession in a commercial landlord and tenant context, misconduct by trial judge); Filobake Ltd v Rondo Ltd and Frampton International Ltd [2005] EWCA Civ 563 (construction of performance obligation in contract for supply of goods); Pena v Coyne and Sunmoor Ltd (Chd) [2004] 2 BCLC 703 & 730 (setting aside sale of a restaurant business at an undervalue); Leeman v Mohammed [2001] 82 P & CR 14 (land registration, priority of interests, overriding interests); Hanina v Morland [2000] All ER (D) 1931 (whether alleged right an easement); Larksworth Investments v Temple House and Beach (No 2) [1999] BLR 297 (assessment of damages for disrepair of commercial premises); Savills v Kibble [1998] EGCS 170, Court of Appeal (construction of commission clause in estate agent's contract); Larksworth Investments v Temple House and Beach [1996] EGCS 86 (construction of alienation clause in commercial lease)
Tom Dumont’s practice falls into the following areas: trusts and estates, property, charities and professional negligence litigation. Tom Dumont is rated a ‘confident, forthright and extremely able advocate with a sound, practical approach to complex problems’ by ‘Chambers Guide UK’ for traditional Chancery work. He advises beneficiaries and trustees, ranging from large trust corporations at home and abroad, to family trustees and executors. He advises and lectures (including numerous STEP lectures) on the use of trusts and wills in tax and estate planning. He acts in Probate and Inheritance Act disputes, particularly on behalf of charities, aiming to resolve at the outset those cases which ought not to be fought, but to pursue vigorously those which should be. His charity practice is recommended in ‘Chambers Guide UK’ as ‘really excellent’. ‘The Lawyer’ has recommended Tom Dumont as ‘first choice when the opposition are unscrupulous’. He has also been instructed in professional negligence cases by most of the well-known firms who act for solicitors and accountants, as well as by insurers direct. His particular expertise lies in claims involving tax and property, as well as fraud (he was one of a handful of barristers on the SIF fraud panel). Tom has been selected by ‘Citywealth’ as one of the ‘Prominent Barristers – Trusts’ in its Leaders List 2016 and was the most recent STEP Advocate of the Year.
General commercial and chancery litigation practitioner with expertise across company law, corporate and personal insolvency, contract, commercial fraud, lending and other finance transactions, mortgages, guarantees and other securities
Barrister with general commercial and Chancery advising and litigation practice. Chancery (general); commercial litigation; civil fraud; property litigation; private client.
Specialises in chancery (general), pensions, Court of Protection, contentious probate (including family provision), landlord and tenant, and property law.
Barrister specialising in Chancery and commercial litigation including contentious wills and trusts, real property and professional negligence.