Practice Summary

John has been involved in Chancery matters since his pupillage and has evolved with the law. Knowledge of historical legal developments is an attribute which is necessarily connected to easier identification and solution to problems. His practice embraces what traditionally have been labelled ‘Chancery matters’, including property law and commercial disputes since pupillage in 1975, and he therefore has considerable knowledge and expertise of these areas.

He has appeared in a number of Court of Appeal decisions involving banking and mortgages (Royal Bank of Scotland plc v Etridge (No.2) (1999) 31 HLR 575, CA), proprietary estoppel and constructive trusts (George v Hazell, 2007, CA), adverse possession of land, construction disputes (Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd [2004] EWCA Civ 1757), planning (particularly Inquiries), landlord & tenant (Blanway Investments Ltd v Lynch (1993) 27 HLR 378, CA), bankruptcy (Bank of Baroda v Dhillon (1998) 30 HLR 845, CA), orders for sale, overriding interests and s.30 Law of Property Act 1925, property distribution on breakdown of relationships, and Probate actions (embracing capacity, Inheritance (Provision for Family and Dependants) Act 1975 claims, proprietary estoppel and constructive trusts.

He understands the need for ‘team effort’ with his instructing solicitor and for clear and careful explanations of options open to a client in considering what instructions to give.

John regularly lectures on Chancery-related topics in which he practices (including the Land Registration Act 2002 and equitable principles).

John undertakes work through the Public Access scheme.

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Finance & Procurement

John has dealt with a number of consumer finance problems ranging from Consumer Credit through to mortgages. He was involved with one of the conjoined appeals in Royal Bank of Scotland v Etridge (undue influence, representations following on from Barclays Bank v O’Brien).

Wills Trusts and Probate

John has an interest in and ongoing cases involving challenges to Wills (execution, validity and undue influence). He argues these cases in all the Courts and some of his cases have been reported. An important area here is also in the application of the Inheritance Act 1975 and the recent Supreme Court decision in Ilott v The Blue Cross decided in March 2017.

Residential and Commercial Landlord & Tenant

John’s expertise relates principally to the operation of the legislation as it relates to business premises. Sometimes it is necessary to move quickly and John is quick to identify whether protective measures are needed.

Real Property

John regularly advises and represents clients who challenge boundaries,

make claims for adverse possession, problems with title and the like. He
has lectured widely on the application of the Land Registration Act
2002 and is often consulted on ‘conveyances that have gone wrong.’

ADR

John is a great advocate of the importance of mediation and alternate

dispute resolution. The incidence of costs (emotional and financial) in
all the areas in which he practices is an important consideration to be
borne in mind. His success rate in mediations is high.

Public Access

John accepts instructions directly from members of the public and is authorised by the Bar Council to do so.


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