0113 372 0025 pab@paulbrook.com

Recent Cases

My work in commercial and property law is extensive.

You can read about some of my recent cases below.

Gateway Plaza Ltd v White & Anor [2015] EW Misc B2 (CC) (28 January 2015)
([2015] EW Misc B2 (CC); From English and Welsh Courts – Miscellaneous; 44 KB)

Gateway Plaza Ltd v White [2014] EWCA Civ 555 (08 May 2014)
([2014] EWCA Civ 555; From England and Wales Court of Appeal (Civil Division) Decisions; 50 KB

Counsel for First Defendant/Respondent.

Contract – Construction – Contractual term – Parties settling proceedings by settlement agreement obliging defendant to exchange contracts – Defendant failing to exchange contracts – Claimant contending proceedings remaining in existence – Defendant contending claimant in breach of settlement agreement – Judge finding claimant in breach – Claimant appealing – Whether judge erring in construction of settlement agreement and in finding claimant in breach.

 

Dingmar v Dingmar Rev 1 [2006] EWCA Civ 942 (12 July 2006)
([2006] 3 WLR 1183, [2006] EWCA Civ 942, [2007] 2 All ER 382, [2007] Ch 109; From England and Wales Court of Appeal (Civil Division) Decisions; 89 KB)

http://www.bailii.org/ew/cases/EWCA/Civ/2006/942.html

Counsel for AppellantFamily provision – Dependant – Reasonable financial provision – Deceased and defendant beneficial joint tenants of property where widow lived with children – Widow seeking order that deceased’s severable interest in property be treated as part of net estate – Whether judge empowered to award widow half share in property – (Provision for Family and Dependants) Act 1975, s 9.

 

Stericker v Horner [2012] BPIR 845.

Counsel for Appellant.

Proprietary estoppel, undue influence and scope of Court of Appeal’s decision in McGuinness v Norwich & Peterborough Building Society on statutory demand set aside.

 

Timothy Everard Upton v (1) National Westminster Bank Plc (2) Richard Tichborne Everard Upton (3) Rosalie Jane Prior (2004)

Ch D (Leeds) (Judge Behrens) 9/8/2004

“Lawtel”; 16.08.04

Counsel for National Westminster Bank PLC.

An illegitimate child, later adopted by his father, could not, under the terms of his grandfather’s will made in 1930, inherit his father’s share under the will as a “child” of his father, as legislation removing discrimination on the grounds of illegitimacy or adoption was not retrospective and, on the facts, the Human Rights Act 1998 could not apply

 

Skipton Building Society v Stott [2001] QB 261.

Counsel for Skipton Building Society.

Where security held for a debt was sold at an undervalue by the creditor the surety was pro tanto released.

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