Region Area

Barristers

Gerard Van Tonder

Gerard Van Tonder

Position

Barrister with general Chancery and commercial practice comprising litigation and advisory work in the following practice areas: property, corporate and personal insolvency, partnership, company law and with a separate niche practice in the area of costs.

He is an established practitioner in property litigation and is especially effective in complex cases which cross over into connected practice areas such as company law, insolvency and professional liability.  He is often instructed against leading counsel and receives regular instructions from local authorities

Significant reported cases include: Dwyer v The Lord Mayor and Citizens of the City of London [2014] EWCA Civ 153 (whether the judge correctly held that an easement had been abandoned in respect of a class of users); Garside and Anson v RFYC Ltd [2011] UKUT 367 (LC) (whether the Leasehold Valuation Tribunal should have taken account of financial impact on tenants when deciding whether to phase major works); Maqsood v Mahmood and Another [2012] EWCA Civ 251 (whether a judge had been entitled to strike out a claim as a request at the failure to comply with orders of the court); Pattle and Another v Secretary of State for Transport [2009] UKUT 141 (LC) (whether party entitled to loss of rental income from a redevelopment scheme when part of land taken by compulsory purchase); Hilmi & Associates Ltd v Pembridge Villas Freehold Limited [2010] EWCA Civ 314 (Concerning strict requirements under Companies 1985 (and by extension Companies Act 2006) for the execution of documents by a company); Clowes Developments (UK) Ltd v Mulchinock [1998]1 WLR 42, Ch (Cancellation of a caution); Alfred Dunbar v Homebase [2003] 1 P&CR 6 (whether a supplemental deed of a subtenant diminished the obligations of the subtenant); Williams & Another v Natural Life Health Foods Ltd & Another [1998] 1 WLR 830, (HL)(E) (personal liability of company director for negligent misstatement made by the company).

Career

Called 1990; Middle Temple; previously member of Bar in South Africa dealing with civil and criminal litigation; appointed to sit as assessor (costs cases) in the High Court 2004; instructed to give expert evidence in the High Court, Dublin on English law; served on the Conduct Committee of the General Council of the Bar and the Qualifications Committee of the Bar Standards Board; advocacy trainer at Middle Temple.

Languages

Afrikaans (fluent), working knowledge of Dutch.

Memberships

Chancery Bar Association; Professional Negligence Bar Association; London Common Law and Commercial Bar Association.

Education

University of the Witwatersrand (BA; LLB).

Leisure

Music, theatre, reading, running, tennis, cycling and golf.