Ajmalul Hossain KC has vast experience of advocacy in complex and high-value cases in the High Court and Court of Appeal in London, in the High Court and Appellate divisions of the Supreme Court of Bangladesh and in domestic and international arbitrations and mediations. He has specialist knowledge of multi-party actions, cross-border disputes, recovery of debt and security, commercial frauds, regulatory and fiduciary obligation, and commercial documents and financial contracts. As A Hossain and Associates in Bangladesh, he highly rated by the Chambers Asia Guide and The Asia Pacific Legal 500.He acts as counsel for and against banks, financial institutions, corporations and others in complex litigation, arbitrations and mediations involving millions of pounds. Cases dealt with include claims arising out of transnational banking, trading, supply and financial contracts. His clients include solicitors, foreign lawyers and other professionals, several multinational and local banks, development and other financial institutions and companies.
Selborne Chambers
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Alexander is a commercial and chancery practitioner, whose work spans litigation, international commercial arbitration and mediation. Recent instructions include: a dispute between shareholders, begun by without notice injunction, in relation to the creation of an additional class of shares and involving a challenge to jurisdiction; a dispute between property developers, begun by without notice application for a freezing order, and a claim for an account, whether on the basis of a partnership, joint venture, or beneficial interest; a claim by the executor and beneficiary of an estate to repayment of substantial sums loaned and an interest in the development of a golf club that was settled at a mediation; a trial concerning the standard of repair to a luxury motor yacht by its manufacturer, together with substantial alleged consequential losses; a franchise dispute, begun by application for interim injunctive relief, to enforce restrictive covenants, and for ‘springboard’ relief, giving rise to allegations of fraud and concerning a related asset sale agreement; an unfair prejudice petition on behalf of the respondent majority shareholder and concerning allegations of quasi-partnership that settled shortly before trial. Featured cases include: Al-Baho v BGP Global Services Ltd (2017) (Ch) LTL 5/7/2017 -The normal criteria for setting aside an order for security for costs, namely a change in circumstances or misleading information, applied also to applications to vary such an order. The threshold could be adopted more flexibly when liberty to apply had been granted. An application to set aside or vary an order for security for costs was refused where it had been made on the final day allowed for paying the required sum into court, with no adequate explanation for the delay and no real change in circumstances. Maass v Musion Events Ltd, O’Connell & Rock [2015] EWHC 1346 (Comm) - An arbitrator's decision that he had jurisdiction to hear a dispute had breached his duty under the Arbitration Act 1996 s.33(1)(a) to give the parties a reasonable opportunity of putting their case and dealing with that of the opponent. That irregularity was serious because it caused one of the parties a substantial injustice, and that party would be granted relief under s.68. Ramsay v Love [2015] EWHC 65 (Ch) - A celebrity restaurateur failed in his claim that he was not liable under a personal guarantee, which had been given on his behalf by his father-in-law, who was also the chief executive officer of one of his companies. The evidence showed that the restaurateur had conferred a wide authority on his father-in-law to bind him in commercial matters, and that he knew his signature was frequently and routinely placed on legal documents without his express permission, using a signature-writing machine. Dream Doors Ltd. v Lodgeford Homes Ltd & Lodge [2012] EWCA Civ 1556 - In considering a claim for rectification of a franchise agreement, a judge had erred in ignoring evidence as to the wider background leading up to the production and execution of the agreement, and in looking only at the circumstances immediately surrounding its signing.
Archie joined chambers in August 2022 as a Junior Clerk. His roles include the transferring of papers to and from court, organisation of documents while also assisting the clerking team with Diary Management, entering briefs as well as general administrative duties.
Aron joined Selborne Chambers in September 2016 as a Junior Clerk and assists the clerking team in the management and development of all aspects of the barristers’ practices including diary management, court fixings, fee negotiation and client liaison.
Calum accepts instructions across all areas of Chambers’ practice. Prior to joining Chambers, Calum taught contract law on the LLB at the University of Leeds. Calum also worked as a paralegal in the litigation department at Hogan Lovells. He gained valuable, first-hand experience of a wide variety of commercial litigation issues whilst working on Eurasian Natural Resources Corporation Limited v (1) Dechert LLP (2) David Neil Gerrard and The Director of the SFO [2022] EWHC 1138 (Comm). Calum is a Harmsworth Scholar and Blackstone Entrance Exhibitioner of the Middle Temple.
A chancery practitioner undertaking work in the areas of real property, insolvency and commercial disputes
He has been recommended in past years of ‘The Legal 500’ for commercial and chancery cases and for property and environmental work under the south-eastern section; previous commentators have described him as ‘a razor sharp intellect’ (‘The Legal 500’, 2011) and ‘one of those rare advocates who is as strong on his feet as in drafting advice and pleadings’ (‘The Legal 500’, 2012). Chancery/commercial: He has appeared in a number of reported and significant cases in the field of chancery/commercial law, including Johnson v Davis (1998) 3 WLR 1299 CA (whether an IVA under Insolvency Act 1986 released a co-debtor), and Stimpson v Smith (1999) Ch 340 CA (The rights of contribution between co-sureties on settlement with their joint creditor). Property/environment: He has an established and substantial practice in property and environmental law particularly along the south coast of England. As a result of his long association with the water industry (see Raglan HA v Southampton C.C & Southern Water (2008 2 AER CA) and with claims arising out of damage to sewers and associated pipes, he now acts in a number of substantial disputes before the Technology and Construction Court in relation to flooding claims and have acquired considerable experience of those parts of environmental legislation that affect the waste and water industry including its criminal provisions. At the start of this year he appeared, together with Ron Thwaites QC, in R v Southern Water Services (2014) EWCA Crim 120, the now lading case on sentencing for environmental offences. Previous reported property cases include Jones v Cleanthi (2007) 1 WLR 1604 CA (the statutory extinguishment of an easement under the provisions of the Housing Act 1985) and Lane v O’Brien (2004) EWHC 303 QBD (calculation of Wrotham Park damages for breach of covenant).
Darren joined chambers on its foundation in June 2002, having started his clerking career in 1999, and was appointed chambers’ Senior Clerk, along with Paul, in January 2017. He is responsible for the management of the clerking team and promotes, manages and develops practices at all levels of seniority. His experience in chambers has enabled him to build an extensive knowledge of all members practices and how they can align with the requirements of their clients. Darren has a commercial approach to fee negotiation and is always willing to discuss fee arrangements to suit client and case requirements. Darren actively maintains and develops client relationships both domestically and internationally.
David Warner is an experienced chancery and commercial litigator with particular expertise in property and landlord and tenant law, commercial litigation and administrative law. The main thrust of his practice is trial advocacy, with regular appearances in the High Court and the county courts as well as in the Upper Tribunal and the First Tier Tribunal. As a result, David has been recommended in the directories for a number of years. The Legal 500 Guide 2021 describes him as “A formidable advocate in the courtroom who never wastes words or takes bad points.” The Legal 500 2020 said that “His pleadings are a joy to read and he is commanding in the courtroom” and that “Judges listen to this incredibly bright barrister.” David has considerable experience of the Court of Appeal and other appellate courts. David Warner’s property practice covers the entire range of property related work. He is particularly well known for his expertise in relation to allegations of fraud in conveyancing transactions. He was instructed on behalf of the successful defendants in the leading case of Thorp v Abbotts [2015] EWHC 2142 (Ch) and in Byrne v Mullan [2017] EWHC 1387 (Ch). He also enjoys a formidable reputation in connection with boundary disputes having appeared in the Court of Appeal in the leading case of Parmar v Upton [2015] 2 P&CR 18. Property cases with a public law element are another area where David has particular experience. He represented the successful defendant in R(Grimsby Institute of Further and Higher Education) v Chief Executive of Skills Funding [2010] 3 EGLR 125, a £200m claim for FE college funding. This links to David’s experience in Administrative Law in particular in the area of homelessness and local authority housing. He is regularly instructed to appear in the Administrative Court on applications for Judicial Review. David Warner also has a significant reputation in commercial litigation and insolvency. That reputation has developed from frequent appearances in the Business and Property Courts in trials. Most recently, leading Kristina Lukacova of Monckton Chambers, he successfully defended the Secretary of State for Education at trial in UKLA v Secretary of State for Education [2018] EWHC 2915 (Comm), a £1m claim for alleged training fees and before the Court of Appeal [2020] EWCA Civ 370. He also has experience of the Commercial Court, appearing in Global Currency Exchange Network Ltd v Osage 1 Ltd [2019] 1 WLR 5865.
Duncan is a commercial chancery practitioner. He has appeared in numerous reported and significant commercial High Court and Court of Appeal cases, most recently acting for a solicitor disputing recovery of a professional practice loan (Royal Bank of Scotland Plc v McCarthy, QB Div, 2015), for a satellite TV manufacturer in a claim against its steel suppliers (KLM Steels Ltd v Global Invacom Ltd, Commercial Court, 2015), in a dispute over ownership of part of an island in the Thames (Stapleford v Port of London Authority, FTT, 2016) and in a development dispute in BNP Paribas Jersey Trust Corporation v Marshall Street Regeneration, Ch Div, 2015). Other significant cases include: Commercial contracts (Acre 1127 Ltd v De Montfort Fine Art Ltd, Court of Appeal, 2011); Consumer contracts (Friarwood Ltd v Champagne Cattier SA, Court of Appeal; Company law and shareholder disputes (Jordan v Roberts, Ch Div, 2009; Insolvency (Rubin v Coote, Court of Appeal, 2011; Fraud and asset recovery (Hardy v Washington Green Fine Art Publishing Co Ltd, Court of Appeal, 2010; Boundaries/party walls (Nelson’s Yard Management Co v Eziefula, Court of Appeal, 2013); Property and constructive trusts (De Bruyne v De Bruyne, Court of Appeal, 2010.
A chancery practitioner specialising in property law, professional negligence and property damage. Recent cases include: Ortiz Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023], High Court trial relating to the sale of the Valderrama golf course; Tejani v Fitzroy Place Residential Limited [2022] trial concerning alleged noise nuisance; Valbonne Estates Ltd v Cityvalue Estates Ltd [2022] Court of Appeal case about full and frank disclosure when seeking an injunction; In the matter of Pinnacle (Angelgate) Limited [2020] a case about a large failed development in Manchester; John Innes Foundation v Vertiv Infrastructure Ltd [2020] a successful summary judgment arising from a fire at science park; Jafari v Tareem Ltd [2019] trial and appeal concerning breach of quiet enjoyment when redeveloping a hotel in Brighton; P & P Property Limited v OWC LLP and Crownvent Ltd t/a Winkworth [2018] – the landmark Court of Appeal authority on property identity fraud; Gibbs v Lakeside Developments Ltd [2018] Court of Appeal case on forfeiture and unjust enrichment; Devere v LB Hounslow [2018] Chancery appeal regarding houseboats trespassing in Brentford; London College of Business v Tareem Ltd [2018], Chancery trial concerning the lease/licence distinction in business premises; Crown House Technologies Ltd v Cardiff Commissioning Ltd and Emerson Network Power Limited [2018], successful summary judgment in case relating to the supply of chiller units to a data centre.
George specialises in property, contested probate and trusts, and commercial litigation in London and throughout England and Wales. A good deal of George’s practice concerns ‘domestic’ chancery disputes, such as those between families, former couples, business partners, neighbouring landowners and landlords and tenants. He is appointed to the Attorney General’s B Panel of London junior counsel to the Crown.
Hannah joined chambers in October 2023 as a Junior Clerk. Her roles and responsibilities include assisting barristers to and from court, organising documents and assembling bundles for the barristers use in court, doing daily runs to the DX, as well as assisting the clerking team with general administrative duties around chambers.
Henry practises in commercial chancery and property law. His commercial chancery experience covers trusts, fraud, undue influence, fiduciary duties and professional negligence. His property practice includes real property (sale of land, easements, boundary disputes, adverse possession), land registration, mortgages, co-ownership claims and commercial and residential landlord and tenant disputes.
Commercial chancery practice centred on land and finance, business, and IT. Expertise in professional negligence, shareholder disputes, fraud, tracing and asset recovery including related freezing orders, and insolvency. Mediator.
Ian continues to be ranked in both Chambers and Partners and the Legal 500 for his expertise in the core areas of his practice: Commercial, Real Estate/Property litigation, Professional negligence and Private client (wills and trusts). Rated as “one of the finest advocates; fiendishly clever, with an excellent eye for detail” and for being “calm, affable, tactically astute, and most of all a persuasive advocate”, he is also commended for building a good rapport with clients, with whom “[he] engages well…. and has his own particular style – direct, to the point and with good humour”. His practice in this jurisdiction, the Caribbean and Gibraltar involves substantial commercial contractual disputes; issues of fraud, trusts/probate, insolvency and professional negligence and conflict of laws. He also regularly undertakes instructions relating to land (especially on land registration matters) and mortgages (on which he co-edits one of the two practitioner texts). He has acted as an expert in foreign proceedings. He has been a part-time judge since 2004 and a fellow of the CIArb since 1997. His practice includes appearing in arbitrations and sitting as an arbitrator. He is on the QICCA Panel of Arbitrators. He also has extensive experience of acting as a mediator, particularly in real property and insolvency matters.
Isabel’s practice covers all areas of Commercial Chancery litigation. She is regularly instructed in relation to commercial and residential landlord and tenant matters, real property matters such as disputes concerning easements, restrictive covenants and co-ownership of land, commercial and personal insolvency and related matters such as directors disqualification claims, as well as general commercial litigation and claims concerning restitutionary remedies. Isabel appears regularly in the High Court, County Court and the First Tier Tribunal (Property Chamber). Recent instructions include advising on a complex dilapidations claim, appearing in a dispute concerning the co-ownership of numerous properties, undue influence and unjust enrichment, several trials concerning disrepair and other leasehold covenants and acting for HMRC in the Winding-Up Court.
James is a specialist chancery and property practitioner and typically acts in cases concerning or ancillary to the ownership and rights over land (including planning and construction disputes). His principal areas of practice are landlord and tenant, land registration, co-ownership and beneficial interests, trusts of land, rectification, misrepresentation, fraud, undue influence, adverse possession, restrictive covenants, easements, rights of way, trespass, and nuisance. James is regularly instructed to appear in the Court of Appeal, High Court (Ch.D), Upper Tribunal (Lands Chamber), First-tier (Property Chamber), and Technology and Construction Court. James has acted in a number significant and widely reported cases: Sheikh v Malik [2018] (pending) – a very important case concerning the scope of presumed undue influence in “family assets” cases; Corvan v Mahmoud [2017] UKUT 228 (LC) - construction of qualified long-term agreements; London Borough of Islington v Dyer [2017] EWCA Civ 150; [2017] P.T.S.R. 731; [2017] H.L.R. 20; [2017] 2 P. & C.R. DG6; Times, May 3, 2017 – what constitutes a “notice”; Firstport Property Services Limited v Ahmet [2017] UKUT 0036 – the construction of defectively drafted leases in a large development scheme; Rapose v Viridian HA Limited [2017], TCC, Jan 5, 2017 – the validity of a third surveyor’s award where there was a defect in service; Primeview Developments Limited v Ahmed and others [2017] UKUT 0057 (LC) – the approach to take when making orders for costs in unreasonable conduct cases; R (on the application of Pearce and ors) v Purbeck District Council and ors [2017] - whether the question of “need” was correctly assessed when deciding to grant permission to developing an area of outstanding natural beauty on the Dorset coast. Begum v Birmingham CC [2015] EWCA Civ 386; [2015] CP Rep 32; [2015] 3 Costs LO 387; [2015] HLR 33 - Amendments; Breach of statutory duty; Costs; Defects; Local authorities’ liabilities; Local authority housing; Sale of property; Statements of case; the scope of the decision in Beoco. Norwich CC v Redford [2015] UKUT 30 (LC) - Apportionment; Flats; Lighting; Local authorities’ powers and duties; Rateable value; Service charges; Queensbridge Investments Limited v Leaseholders of Flat 2 and 3, 135 Ladbroke Grove, London, W11 1PN Upper Tribunal, (permission) LRX/70/2015 and LRX/156/2016 - s.168 of the Commonhold and Leasehold Reform Act 2002; waiver of covenant prohibiting sub-letting; ostensible authority of managing agents; R (on the application of Bishops Stortford Civic Federation) v (1) East Hertfordshire District Council (2) Anley Trustees Limited and Maison Anley Property Nominee Limited [2014] EWHC 348 (Admin); [2014] PTSR 1035; [2014] BLGR 161; [2014] JPL 852; [2014] ACD 104 - £105m redevelopment; whether the decision was impugned by irrelevant and prejudicial remarks made by a member of the Executive; Ergun v Smith and Anor [2014] EWHC 2494 - when new evidence can be adduced in support of an appeal; Aaron Burchell v Raj Properties Ltd [2013] UKUT 443 (LC); [2014] L & TR 3; [2013] 3 EGLR 62; [2013] 43 EG 127 (CS) - leasehold enfranchisement; “terms of acquisition”: s.48(1), Leasehold Reform, Housing and Urban Development Act 1993; restrictions on dispositions; meaning of “change”: s.57(6)(b); London Borough of Brent v Cheryl Tudor [2013] EWCA Civ.157; [2013] HLR 20; [2013] 1 P & CR DG23 - Possession; under occupying; ground 16; whether reasonably required to accommodate the successor secure tenant and her family; Brasilian Point Ltd v In Shops Ltd and another [2012] All ER 17 - forfeiture; commercial lease; terms of relief; arrears uncertain; unjust enrichment; Anas v Arora [2012] EWCA Civ 102 and [2012] EWHC 1488 (QB) - possession; refusal of a stay of execution; academic appeals; civil restraint orders; Vernon v Spoudeas and Rosenthal [2010] EWCA Civ 666 - the approach to be taken for relief against “unless” orders;
Jonathan’s practice focuses on all aspects of residential and commercial property, contract and commercial disputes, and professional negligence and tortious liabilities, as well as company law. He regularly appears in the High Court and County Courts. Reported cases include: Canary Riverside Estate Management Ltd & Ors v Coates [2021] EWHC 1505 (Ch) – various appeals against case management decisions; Westfields Homes Ltd & Anor v Keay Homes (Windrush) Ltd [2020] EWHC 3368 (Ch) - claim for specific performance of contractual obligations. Recall Support Services Ltd v SoS Business, Innovation & Skills [2018] EWHC 30 (Ch); [2018] B.P.I.R. 761- Effects of bankruptcy on directorships and shareholdings, Extended Civil Restraint Orders; Gore v Naheed [2017] EWCA Civ 369; [2017] 3 Costs L.R. 509 - Consideration of the “rule in Harris v Flower” – effect on a right of way to access part of claimant’s property which had been acquired by adverse possession. Also concerns the effect of a refusal to mediate on the assessment of costs; Patience v Tanner [2016] EWCA Civ 158; [2016] 2 Costs LR 311 – rights of way, costs determination; Wattret v Thomas Sands Consulting Ltd [2015] EWHC 3455 (TCC); [2016] B.L.R. 104; [2016] T.C.L.R. 2; 163 Con. L.R. 223; [2016] P.N.L.R. 15 Professional Negligence against surveyors – need for expert evidence; Ludsin Overseas Ltd v Maggs [2014] EWHC 3566 (Ch); (2015) BPIR 156; Kynaston v Carroll [2011] EWCA Civ 1669 (abandonment of appeals, costs, permission to appeal); Carroll v Kynaston [2011] QB 959 (the recovery of costs incurred between parties in subsequent proceedings between the same parties); Beckenham M.C. Ltd v Centralex Ltd & ors (Hart J) [2004] EWHC 1287 (Ch); [2004] 2 B.C.L.C. 764; [2004] B.P.I.R. 1112, [2004] All ER (D) 65 412 (s. 423 Insolvency Act 1986 – transfers at an undervalue, defrauding creditors); Okolo v Mortgages 4 Ltd & ors (Lawrence Collins J) [2004] EWHC 3019 (Ch) (strike out applications, mortgage defences); Okolo v Mortgages 4 Ltd & Ors (Neuberger J) [2003] EWHC 3205 (Ch) [2004] All ER (D) 412 (strike out applications; treatment of litigants in person); Al-Abbas v Al-Dabbagh (CA) [2002] EWCA Civ 1962; [2002] All ER (D) 323 (charging orders and solicitors’ liens).
Julia deals mainly with contentious litigation in the Chancery Division, with particular expertise in contentious probate and administration; company and shareholder disputes. She regularly acts for trustees/executors and beneficiaries of high value Estates and has a particular interest in cross border succession disputes and domicile. She has appeared in the High Court in Cayman and Northern Ireland as well as regularly dealing with issues of construction; challenges to the validity of testamentary documents; the removal of executors and claims under the Inheritance (Provision for Family and Dependants) Act in the Chancery Division. She advises on P’s Property and Affairs in the Court of Protection and is an editor of the Court of Protection Law Reports. In the Family Division she is experienced at intervening on behalf of companies, trustees and creditors in Financial Remedy Proceedings and frequently advises directors and shareholders of family businesses caught up in matrimonial proceedings on share division; income and voting rights; minority shareholdings and the ownership of assets. Her expertise in this field is recognised by the fact that since 2012 Julia has written the Unfair Prejudice Chapter for the leading text Gore Browne on Companies.
Justin is widely recognised as a leading junior barrister in chancery and commercial litigation. Solicitors instructing Justin commend him for his exceptional client handling skills and ability give forthright, practical and tactical advice. He has been variously described in the legal directories as a ‘standout junior’, who is ‘very bright, hardworking, client-friendly and engaged’, and courtroom operator who has ‘real presence’ and is ‘a very forceful advocate’. He is ‘pleasant, fair and sensible’ with the ‘ability to absorb huge volumes of paper and give advice extremely quickly.’ Recent and reported cases include: Chuku v. Chuku [2017] 2 Cossts LR 267, Barnsley & Others v Noble [2016] EWCA Civ 799 (CA); [2014] EWHC 2657 (Ch) (£150m claim for breach of contract, deceit and breach of fiduciary duty and trust); Crossco No4 Unlimited v Jolan Piccadilly Ltd [2012] 2 All ER 754, [2011] EWHC 803 (Ch) (a 35-day 1954 Act trial and three-day appeal before the Court of Appeal in which he was successful); Fraser’s v RAB Pension Trust [2010] (High Court; trespass and specific performance); and Eileen Corr v IBC Vehicles Ltd [2008] 1 AC 884 (House of Lords; leading negligence authority).
Lara has a thriving commercial chancery practice, with particular experience in commercial, company, insolvency and real property (including landlord & tenant) matters. She has appeared in Court litigation and arbitrations in England and internationally in disputes relating to a range of industry sectors, frequently with a technological focus. Lara also has considerable experience of claims relating to the conduct of fiduciaries such as directors and trustees and shareholder/partnership disputes. Her clients include corporations, insolvency office holders, litigation funders, company directors, private individuals and the UK Government. Lara was recommended as a leading junior in the Legal 500 in 2023 (“covers every angle and has brilliant drafting abilities”). Lara is appointed to the Attorney General’s C panel of junior counsel to the crown and represents the Government in commercial, company and insolvency matters.
Mark Warwick KC is head of chambers and a highly respected silk whose work regularly consists of high-profile and complex real property litigation. He also handles property-related professional discipline matters. He is a leading expert on break clauses. Mark’s practice extends to contentious chancery and professional negligence. He has appeared in every tier of court, including the House of Lords and Supreme Court. His reported cases exceed 200.
Mark Spackman has a heavyweight civil practice at Iscoed Chambers and is the head of the Iscoed civil team. His civil practice draws on his previous experience from his employment by the Treasury Solicitors Department in commercial litigation up to 1991. He specialises in insolvency and commercial litigation. He regularly appears at the High Court and County Court on all sides of commercial disputes. Mark is regularly instructed by insolvency practitioners, liquidators and administrators of companies including instructions from the leading firms in these areas. His work involves all aspects of insolvency work both corporate and individual in areas including the recovery of directors loans, preferences, transactions at undervalue and wrongful trading. Mark also acts for parties to unfair prejudice petitions, in company director disqualification cases and in bankruptcy restriction order cases. Mark deals in all aspects of company and insolvency work. Mark is also instructed on behalf of individuals in these areas. Mark’s commercial practice involves sale of goods, contract and other commercial disputes including consumer credit and consumer regulation law. Mark has considerable experience in partnership and related disputes and has acted in high profile partnership disputes. Mark works regularly on other civil law areas including professional negligence, economic torts, civil fraud, property disputes (including boundary disputes, rights of way, adverse possession and beneficial interest cases) and construction disputes. He accepts instruction on the basis of Conditional Fee Agreements. His significant reported cases include Gullicksen v Pembrokeshire County Council [2002] 2 WLR. Mark is a CEDR trained and CEDR accredited mediator, accepting instructions to conduct mediations in all aspects of civil law but particularly in the fields of commercial law. Mark has been recommended for commercial litigation and insolvency in the Legal 500 for several years and is referred to in the current edition as being ‘pleasant, efficient and clever’.
A highly experienced property and commercial litigator whose practice substantially involves disputes in a business context, Neil provides friendly, pragmatic, and plain-speaking advice. Known as a tenacious advocate, Neil argues cases without flinching or backing off under pressure. He has built a particular reputation for always turning round urgent paperwork so as to meet client requirements and deadlines. Many of Neil’s cases involve land and property issues and he has extensive practical experience in commercial landlord and tenant matters, general property litigation (including conveyancing, easements, and boundaries) as well as broader commercial and contractual disputes. Notable cases appear on Neil’s entry on the Selborne Chambers web-site, including the “Pallant v Morgan equity”, procedural irregularities, breach of trust, section 61 of the Trustee Act, limitation issues, TOLATA, misrepresentation, restrictive covenants, Access to Neighbouring Land Act, disability discrimination, negligence and many other, and varied, topics. He has significant expertise in difficult repossession issues and professional negligence claims involving solicitors and surveyors. As a “senior junior” Neil provides a competitive service by meeting a demand for advice and representation in substantial commercial disputes but at a reasonable price. Neil is highly experienced in representing clients at arbitrations and mediations and also accepts instructions on a Direct Access basis.
Nick is a commercial practitioner who acts in a wide range of business disputes, in litigation and arbitration, including those involving civil fraud, asset recovery, contractual claims, trusts, company and insolvency matters, and banking and financial services. He has significant expertise of landlord and tenant and real estate litigation. This gives Nick a strong grounding in professional liability disputes, in particular, in the property sector.
Nicholas specialises in complex commercial, chancery and property litigation and arbitration. He is sought after by clients for his commercial approach, eye for detail and willingness to go the extra mile to get them the best results. He also draws on several years of experience in commercial litigation and arbitration in Singapore and Malaysia. He is frequently instructed to assist with injunctive relief such as freezing orders, and enforcement proceedings, and has a particular interest in the enforcement of digital assets.
Oberon specialises in insolvency, property and commercial litigation. He has in-depth experience of the full range of personal and corporate insolvency in both domestic and cross-border situations. He acts for and advises officeholders, directors, shareholders, debtors and creditors alike. Recently, Oberon has successfully acted as sole counsel in the Court of Appeal in Watts v Revenue and Customs Commissioners [2021] EWCA Civ 1124. He is also a member of the Attorney-General’s London C Panel of Counsel.
Oliver Joined Selborne chambers in March 2010 and is a highly valued member of the senior clerking team playing a key role in the management and development of the members’ practices. Oliver’s role encompasses diary management, client liaison, fee negotiation and has a detailed understanding of listing procedures in all divisions of the High Court.
Paul regularly appears in the County Court, High Court, First-Tier and Upper Tribunals (Property Chamber) and Court of Appeal. He accepts instructions in any and all areas of property and commercial law, but with a particular emphasis on: Landlord and Tenant – Commercial - Paul acts for both landlords and tenants in opposed and unopposed lease renewal claims under Part II of the Landlord and Tenant Act 1954. Recent cases include acting for a tenant of large commercial premises in Croydon in a dispute as to the inclusion of a landlord’s redevelopment break clause in the new lease, the terms of future repairing obligations upon the tenant and a dispute as to rent worth approximately £5m over a ten-year term. This was also the leading decision on what being an expert under CPR Part 35 actually means: Mondial Assistance (UK) Ltd v Bridgewater Properties Ltd [2016] EWHC 3494. Paul regularly has cases involving landlord’s opposition to the grant of a new lease under grounds (f) and (g) in section 30(1) of the 1954 Act. Paul also advises and attends court in claims involving forfeiture, trespass, nuisance (including rights to light), breach of covenant, terminal dilapidations and rent review. Paul recently acted in consecutive trials in the Chancery List in the County Court at Central London in which he represented variously a landlord Defendant who was accused of unreasonably withholding consent to the assignment of a lease, a landlord of a leading Chinese restaurant in Soho accused of withholding a rent deposit on the basis of a wrongful dilapidations set-off and a restaurant owner defending a forfeiture claim in respect of breaches of user and operation covenants. Residential – Paul recently acted in a four day hearing in the First-Tier Tribunal on behalf of a landlord seeking a determination that it was reasonable to maintain and repair rather than to replace the roof to a large, listed block of flats. Paul also often acts for tenants and landlords in service charge disputes, disrepair and nuisance claims, Party Wall etc. Act 1996 disputes, claims involving the construction and rectification of long leases and applications under the Landlord and Tenant Acts 1985 and 1987. Real Property -Paul is currently acting in several co-ownership disputes involving constructive trusts and the Trusts of Land and Appointment of Trustees Act 1996. He recently won a three-day trial in which his client claimed a life tenancy arising from a proprietary estoppel. Other claims also involve trespass, adverse possession, boundary disputes, and arguments over easements and injunctive relief. Paul is particularly known for his advice and representation in land registration disputes, particularly those involving rectification of the register of title at HM Land Registry under Schedule 4 of the Land Registration Act 2002. Commercial – Paul often accepts commercial instructions, including, but not exclusively, those with an element of property law. For example, Paul often acts in mortgage actions including those in which parties invoke the provisions of the Consumer Credit Act 2006 and related statutory provisions. He also acts in joint venture disputes and fraud and contractual disputes relating to the acquisition and development of land. Recently Paul acted for members of a golf club who had been told that their memberships had ceased and invited to ‘re-join’ in a case that turned on the law of agency and contractual estoppel. Paul accepts instructions in professional negligence claims arising out of contractual and property transactions and advice given.
Paul Bunting is Selborne’s Senior Clerk, having been with us since we opened our doors for business in June 2002. He started his clerking career in 1995 at the then largest set of chambers in London, Hardwicke Building. Paul is actively involved with leading the clerking and business development of chambers as well as building and maintaining client relationships. He plays a major role with marketing and developing member’s practices at all levels of seniority within Chambers. This includes fee negotiation, work placement and practice development. Paul has detailed knowledge and understanding of all of the specialist practice areas of the members of Selborne Chambers and mastery of listing procedures. He is known by clients for his responsiveness and adaptability in matching their expectations and requirements. Paul is approachable and flexible in fee negotiation, and is happy to discuss the structuring of fees to suit particular individuals and case demands.
Richard specialises in commercial disputes, frequently of an international nature, and property disputes, often when arising as part of a commercial transaction. He is often called upon when issues of evidential or technical complexity arise (including in the context of fraud) or when creative strategic thinking is required. Disputes on which Richard acts are frequently in the context of joint ventures, supply and distribution agreements, commodities, energy and other resources. He is an author of the Practical Law Company’s guidance in the UK and US on international arbitration.
Richard joined Selborne Chambers in August 2020 having previously held the position as senior clerk at Ely Place Chambers. With a career spanning some 26 years he has gained a wealth of experience across multiple disciplines. He takes a professional approach when dealing with all matters and is efficient and adaptable. Richard assists Darren and Paul in leading the clerking team, with some of his duties including diary management, fee negotiation, acceptance and distribution of work and business development. In December 2015, after two years of part-time study, Richard completed an ILM Level 5 Diploma in Leadership & Management. He has also been recognised in the legal directories as being ‘a second-to-none clerk’ who ‘always goes the extra mile’.
A chancery practitioner undertaking work in the areas of real property, insolvency and commercial disputes.
Sarah’s practice covers all elements of chancery litigation, including commercial disputes as well as professional liability claims, landlord and tenant matters, real property disputes and corporate and personal insolvency issues. She regularly appears in the High Court, County Court, and various divisions of the First Tier Tribunal and has developed a busy practice since joining Chambers at the beginning of 2015. She is currently in the process of qualifying as a fellow of the Chartered Institute of Arbitrators.
Simon’s practice covers all areas of commercial chancery litigation, arbitration and advisory work, including general commercial litigation and civil fraud, company and insolvency, professional negligence and real property and landlord and tenant.
A founder member of Selborne Chambers, Stephen is a barrister, mediator and arbitrator. His main practice areas are contentious trusts and probate (he is an ACTAPS registered contentious trust and probate specialist), property, professional negligence and commercial disputes. Stephen has been an accredited mediator for 21 years. He is a member of both CEDR’s commercial and contentious trust and probate mediation panels. He is a fellow of the Chartered Institute of Arbitrators and is also on CEDR’s panel of arbitrators. A graduate in Linguistic and International Studies, (comprising Russian, Swedish and Law), Stephen initially followed a business career, working for international trading companies in Hong Kong and South Africa. Approachable, calm, down-to-earth and good at building rapport with clients, Stephen brings his business experience and human relations skills to disputes, giving advice that is commercial, accessible and practical. Recent cases include: Ania v Ania 7/4/22 concerning the alleged breach of fiduciary duty by administrators of an estate; Travis Perkins Trading Company Limited v Bhambra 17/1/22 concerning a guarantee; Re Wales 17/7/20 concerning the interpretation of the words “such all of my nephew’s and niece’s children” in a will; and Goldhill Finance Limited v Berry 26/10/18 regarding a mortgagee’s common law rights to take possession.
Stuart’s practice comprises commercial Chancery, property and professional negligence. He has reported cases in all fields and regularly acts and advises in large and complex commercial and property matters. Recent cases include: Alfano v National Westminster Bank Plc [2013] EWCA Civ 1703 (the case concerned the enforcement of certain personal guarantees given as security for the borrowings of a connected company); JSC BTA Bank v Solodchencko & Ors (ongoing); Kearns Brothers Ltd v Hova Developments Ltd [2012] EWHC 2968 (Ch) (property and joint venture dispute); Westcoast (Holdings) Ltd v Wharf Land (Subsidiary No.1) Ltd [2012] (CA) (shareholder dispute); National Westminster Bank plc v Alfano [2012] EWHC 1020 (QB) (acting for bank on guarantee claim; United Marine Aggregates Ltd v GM Welding & Engineering Ltd [2012] EWHC 779 (fire and insurance warranty claim), pending in CA.
Commercial work covers a broad range of which recent examples include: Representing a number of Trustee Companies in 2020-2021 defending claims to enforce against up to £140m of their assets aid to represent the proceeds of the frauds identified in the Kazakhstan Kagazy litigation; Representing a Seychelles company suing a Singapore-based Trust Company for procuring breach of contract relating to a major property development in London. The defendant both held 95% of the shares in the defaulting company and required its employees to serve as directors of the corporate director of the defaulting company by Company for which it provided directors; Advising a Jersey Company on the availability of remedies as against its professional advisors in connection with losses of £150m due to systematic frauds committed against its wholly owned subsidiaries in Hong Kong and China; Defending a Gibraltarian Financial Services Company against allegations of breach of fiduciary duty in connection with an allegedly fraudulent investment scheme in which up to £15m was obtained from investors; Defendant a Hong Kong Company against a claim for £8m based upon an alleged guarantee given to the NHS in favour of a UK subsidiary; Within the “SKAT” litigation, successfully defending the Gerant (CEO) of a Luxembourgish Company who was alleged to have negligently failed to identify conduct said to be part of a world-wide conspiracy that has defrauded the Danish Tax Authorities of more than £1.2bn. The claim was discontinued in the face of an application for summary judgment by the defendant; Securing a quantum meruit for work done (without a contract) in assisting in the securing of the title sponsor (BWT) for the F1 team now known as Racing Point (which produced the well-known colouring of the team’s cars); Advising and representing parties to disputes relating to: the ownership and conduct of companies; the enforcement of post-termination covenants, and the Commercial Agents Regulations. Examples of recent/current defamation work include: Representing Arron Banks in an ongoing libel claim against Carol Cadwalladr arising out of her allegations (since accepted by her not to be true) that he lied about a secret relationship with the Russian Government in relation to accepting foreign funding in breach of UK referendum law (ie the Brexit Referendum); Defending at trial in May 2021 a claim for libel brought by TV presenter Rachel Riley against a former staffer of Jeremy Corbyn arising out of comments posted on Twitter concerning antisemitism; Representing HNW individuals the subject of defamatory articles or programmes published or broadcast from abroad (from both within the EU and elsewhere); Representing the owners of the nationally known “heir hunter” Anglia Research Services Limited in their successful libel claim against a competitor, for statements made in emails to sales persons; Representing the defendant in a libel claim brought by the manufacturer of a protein powder in which a report said (inaccurately) that a dead mouse had been found which was alleged to have caused losses of c£1m. Representing a Polish Port authority (and its president and an employee) in an action for libel and malicious prosecution brought against them in England (based on statements made in Poland and in Polish that the plant had breached local environmental laws. The case raised novel issues under the (now defunct) Recast Brussels Regulation and was appealed to the Court of Appeal: [2018] EWHC 1018 (QB) & [2019] EWCA Civ 1932; Successfully obtained an order that UKIP was liable for the costs of three Labour MPs who sued UKIP MEP Jane Collins for libel in a speech delivered at the UKIP Conference because it had manipulated her defence of that action in the hope of political advantage in the 2015 general election: Barron v Collins & UKIP [2018] EWHC 253 (QB); Successfully represented the claimant in a conjoined appeal heard over 3 days in which the attempt by various newspapers to strike down the recoverability of additional liabilities in publication cases failed. The Court’s judgment referred to his submissions as “spirited and impressive”. Miller v Associated Newspapers Ltd [2017] UKSC 33
