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Helping individuals & companies resolve disputes.

Legal advice. Negotiation. Mediation. ADR. Advocacy. In-court representation.
Whether you are a solicitor, company or individual, contact me to see how I can help.

Why instruct Me?

I am an experienced barrister and a CEDR Accredited Mediator who specialises in resolving disputes inside and out of court.

As a lawyer, my strengths are providing clear, practical advice together with fearless advocacy in court.

As a mediator, my interests are in helping parties to find creative solutions to their problems, especially where positions are entrenched or emotionally fraught.

Unlike many, who practice in very specialised areas, I retain a broad practice in civil (particularly chancery) and family law. The reason for this is simple: I believe it brings great benefits to clients. Legal problems are rarely confined to a single area and only those lawyers who have wide-ranging expertise can properly assess a case in-the-round.

Mediation & Alternative / Non-Court Dispute Resolution.

Having spent my first decade in practice exclusively representing clients, I have recently broadened my practice into working as a mediator, obtaining CEDR Accreditation and becoming a Civil Mediation Council Associate Mediator.

I have a particular interest in mediation because it can be effective at resolving even the most difficult, deadlocked disputes.

In addition to mediation, I also welcome instructions to facilitate other forms of alternative or non-court dispute resolution, such as being a early neutral evaluator (who provides a confidential assessment of the strengths and weaknesses of a case at an early stage) or a private financial dispute resolution “judge” (which is a similar rôle most commonly encountered in financial remedies and inheritance dispute cases.)

What is mediation?

Mediation is a dispute resolution process carried out with a trained, neutral professional who helps facilitate agreement between the parties. The process is extremely flexible. It generally involves a day (but it can be longer or shorter) being set aside for confidential and without prejudice discussions which usually take place separately, with just the mediator, and, by agreement, face-to-face between the parties. Any information shared with the mediator by one party is kept confidential and only disclosed to the other side by prior agreement. This allows the mediator to work through issues with the parties, exploring as aspects of a dispute, with the aim of finding a way forward.

Principal Practice Areas

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Chancery & Property

  • Ownership of Property.
  • “TOLATA”.
  • Trusts.
  • Wills and Probate.
  • Personal and Corporate Insolvency.
  • Landlord and Tennant.
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Family

  • Financial Remedies.
  • Child arrangements.
  • Removal and Relocation of Children.
  • Child Abduction.
  • Care Proceedings.
  • The Court of Protection.
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General Civil & Commercial

  • Contractual Disputes.
  • Company Law.
  • Construction Disputes.
  • Financial Services.

Other & Former Practice Areas

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Personal Injury & Driving

Personal injury claims including medical negligence; OL; and EL. Driving cases involving civil RTAs; credit hire; criminal trials; and licensing.

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Employment

Appearing for both companies and employees in a full range of Employment Tribunal jurisdictions, including cases of unfair & wrongful dimissal, harassment and discrimination.

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Crime

Defending individuals and companies in the Crown & Magistrates’ court, with a particular emphasis on fraud, money laundering and factually or legally complex cases.

Particular Skills and Interests

I particularly welcome cases which are legally complex, either because they concern obscure or difficult areas of law, or which require a creative use of the law to achieve the desired result for the client.

I also enjoy cases involving factual complexity, whether through expert evidence on scientific matters or, particularly in family proceedings, where cultural and religious issues are in dispute.

Finally, I have an interest in the workings of the legal system as a whole, and therefore welcome cases involving the conflict of laws, both between England, Scotland and Northern Ireland and internationally.

Chancery & Property

Introduction

My property and chancery work includes almost all disputes relating to land and any case where the existence or operation of a trust is a live issue. Clearly there is a substantial overlap with other areas, depending on the type of case. This is why I find a broad practice helpful.

Property

I carry out a full range of property work. My main interest is in respect of disputes about ownership, particularly under TOLATA, but also boundary disputes and related issues. In addition to this, I have dealt with many landlord and tenant cases, from simple possession to issues such as dilapidations and forfeiture.

Examples of Recent Cases

  • National Crime Agency v. Dong [2017] EWHC 3116 (Ch); [2018] Lloyd’s Rep. F.C. 28; [2018] 1 P.&C.R. DG20: Gratuitous transfers and resultant trusts.

  • R v. M Ltd: Long-running dilapidations trial, involving questions of recovery caps under s.18.

  • S v. S: Dispute relating to the enforcement of Spanish service charges in England.

  • X v. X & X: Mortgage possession case turning on questions of undue influence and constructive trusts.

  • L v. E: Defending in a complex property action where the Claimant had delayed for over 16 years in enforcing a costs order.

Wills, Probate & Traditional Chancery

Will and probate disputes can touch on many areas, from simple questions of interpretation to allegations of dishonesty and theft. For all of these, experience with other areas of a law is important, so as to achieve the best result for each client.

Examples of Recent Cases

  • Re X: Calling in of letters of administration in an Inheritance (Provision for Family and Dependants) Act 1975.

  • Re F: Breach of fiduciary duties by executors: wrongful dissipation of the estate.

Insolvency & Company Law

I have extensive experience of corporate insolvency and personal bankruptcy from straight-forward applications to more unusual matters such as examinations under the Insolvency Act.

I also welcome instructions, particularly advisory, as to questions of company law, including the incorporation and dissolution of limited companies and other bodies corporate.

Examples of Recent Cases

  • Re X. Ltd: Preferences involving overseas defendants.

  • Re T. Ltd: Extremely long-running winding up dispute.

  • G v SoS: Successfully represented a director who sought permission of the court to act as a director of a phoenix company notwithstanding his disqualification for omissions which led to the winding up of its predecessor.

  • S et al. v T et al.: Dispute relating to a contact formed during the dissolution of a company.

  • Re L: Advisory work in relation to the incorporation of a long-established charity.

Family & Court of Protection

Private Law Children

My most frequent family work is in private law children cases, ranging from “straight-forward” child arrangement / contact disputes to more complex issues such as:

  • Applications for removal from the jurisdiction or relocation.
  • Abduction / return proceedings under the Hague Convention.
  • Wardship cases.
  • Allegations of serious emotional or physical harm; intractable hostility; or “parental alienation”.

Examples of Recent Cases

  • X v. X: Successful application for enforcement order against non-resident parent, due to delayed return of child.

  • W v. G: Wardship case involving child abduction to Northern Cyprus.

  • G v. P: Allegations of “parental alienation” and change of residence.

  • Re EE (Children) (Habitual Residence) [2016] EWHC 3363 (Fam); [2017] 1 F.C.R. 500: Habitual residence under BIIR.

  • Numerous applications for leave to remove or relocate.

Financial Remedy & TOLATA

I have represented clients in numerous financial remedy cases. Many clients appreciate my willingness to give straight-forward advice: when to settle; how much to offer; when to pursue the matter to a final hearing.

I also have considerable experience in applications ancillary to the main proceedings. For example:

  • Applications for maintenance pending suit.
  • Freezing injunctions.
  • Enforcement.
  • Applications to vary consent and final orders.
  • Cost disputes.

In the civil courts, I have also represented cohabiting couples in TOLATA-disputes. Here, having a good knowledge of civil procedure is a particular advantage.

I have also represented clients in less-common financial disputes within the family court, such as Children Act 1989, Schedule 1 applications and applications under the Married Women’s Property Act 1882.

Finally, my broad practice gives me particular expertise in cases where are overlapping civil considerations, such as those involving bankruptcy or insolvency or attempts by third parties to establish interests in matrimonial property.

Examples of Recent Cases

  • C v. N: Combined TOLATA / Schedule 1 proceedings.

  • R v. R: Successful freezing order, including costs against the respondent.

  • X v. X: Enforcement dispute including use of High Court QBD writs.

  • Z v. Z & Z: Intervenor case involving allegations of fraudulent deeds of trust.

Public Law Children

I also accept and welcome instructions in care / public law children cases, particularly acting for the parents, where a willingness to challenge and push for a favourable resolution is of particular importance. Here I find having a background in criminal law an invaluable advantage. Many cases include disputed drug / alcohol testing, allegations of non-accidental injuries, and controversial psychiatric evidence. Others include International disputes; parents who lack capacity; proposed placements in secure accommodation; and Family Court / Court of Protection transitions.

Examples of Recent Cases

  • Re T: Disputed drug testing; non-accidental injuries.

  • Re M: Very long-running case involving conjoined criminal trial and appeals; serious non-accidental injuries.

  • Re X: Jurisdictional dispute between English courts and Ireland.

Domestic Abuse & Violence

Whether arising in the course of other proceedings or as a stand-alone application; I have considerable experience representing both complainants and the alleged perpetrators of domestic violence, abuse and coercive behaviour.

Court of Protection

All of these overlapping skills are particularly useful for Court of Protection cases, and I welcome instructions in cases concerning administration of property and welfare.

General Civil & Commercial

Introduction

This area of my practice includes a very large number of different types of case, all of which are governed by a need to achieve a good result for my clients whilst not exposing them to undue risk or cost. Many cases settle, and here familiarity with the CPR is of particular importance to ensure that my clients are in the best position for negotiation.

In addition to domestic and conventional international disputes, I have a particular interest in Mauritian cases having been seconded to Thomas More International in Ebene, Mauritius during the latter half of 2015.

Commercial & Contractual Disputes

I am regularly instructed in commercial and contractual disputes, representing companies that range from multi-national corporations to unincorporated firms. Most cases touch on the interpretation and performance of contracts, although many range more widely into regulations, intellectual property work and even tort.

Examples of Recent Cases

  • Re: a Bank: Representing one of the UK’s largest banks in a number of claims arising out the mis-selling of interest rate hedging products to corporate customers.

  • Rawlinson and Hunter Trustees et al. v. Serious Fraud Office: Disclosure counsel in this high-profile, £300 million claim which arose out of the Serious Fraud Office’s failed investigation into the collapse of Kaupthing Bank.

  • S Ltd. v. C Ltd: Sole counsel for the defendant in a telecommunications trial, brought in negligence, representing a company accused of “slamming” another’s lines.

  • V Ltd. v. A. Ltd.: Another Telecommunications trial involving various disputes between an end-user and wholesaler provider.

  • P Ltd v. G: Breach of contract trial where the substantive dispute was over a question of electrical engineering. Detailed understanding of the subject matter was required to cross-examine effectively.

Other Civil Disputes

I enjoy cases which involve unusual areas of law, such as actions for conversion, bailment or defamation and welcome instructions where creative use of the law is needed in order to find a solution to the client’s problems.

I have been involved in a number of high-profile public law cases over a wide-range of areas. I am particularly interested in Freedom of Information and Data Protection issues and welcome instructions relating to the preparation and advancement of such requests.

Examples of Recent Cases

  • H v. R: Successfully acted for the Claimants in a case involving questions of bailment and restitution, arising from the sale of an Old Master painting.

  • W v. W: Defending in a unusual action for conversion, involving questions of contractual intentions and promissory estoppel.

  • Wilus v Regional Court in Poznan Poland [2014] EWHC 2718 (Admin): High Court extradition appeal. In addition to Article 8 (right to a private and family life) issues, the case raised questions of the provision of interpretors in appeals and the court’s responsibilities under Article 6(3)(e).

  • G v. C.: Freedom of Information case relating to papers produced during a criminal investigation, prosecution and appeal.

  • X v. X: Freedom of Information case relating to historic child sexual abuse.

Personal Injury & Driving

Personal Injury (excluding RTAs)

My personal injury work includes fast- and multi-track cases in all the major areas: occupier’s liability; employer’s liability; and professional negligence.

My particular interests are in contested cases which can range from simple liability disputes to cases where fundamental dishonesty or fraud is alleged.

Examples of Recent Cases

  • A v. A NHS Trust: Multitrack brain injury case.

  • X v. Y: Employer’s liability causation dispute.

  • Z v. A: Surveillance evidence & fraud.

Road Traffic Accidents and Offences

I have dealt with many trials relating to road traffic accidents, of greatly varying levels of complexity and seriousness, together with the associated credit hire disputes.

In carrying out this work, I am able to built on my experience in defending numerous road-traffic offences, from drink-driving, driving with no insurance and failure to stop.

Examples of Recent Cases

  • W, X v. Y: Successful trial where the Defendant had instructed a “fraud specialist” counsel who attempted to prove the accident never occurred.

  • Z v. A: Success in showing the Claimant was fundamentally dishonest as a result of his credit hire evidence.

  • R v. A: Represented the same defendant in two cases of driving otherwise than in accordance of a licence. Special reasons found on both and absolute discharges twice imposed.

  • R v. G: Successful defence of a driver charged with driving whilst disqualified and driving without insurance. No positive case was advanced and the defendant was not called to give evidence: after exclusion of an at-the-scene confession and forensic evidence, the court found that it could not be sure that the defendant was driving as opposed to being a passenger in the car.

Taxis, Minicabs & Professional Drivers

I have particular experience in defending professional drivers, both for conventional motoring offences and for professional-driver-specific offences.

Examples of Recent Cases

  • R v. A: Successful application to the Crown Court to overturn a local authority’s decision to revoke a mini-cab driver’s private hire licence.

  • R v. X: Successful defence of a minicab driver accused of taxi touting.

  • R v. S: Successful defence of a black cab driver accused of failing to stop.

Employment

Introduction

I welcome instructions for both the claimant and respondent in cases under all Employment Tribunal jurisdictions. I have a particular interest in the area of overlap between Employment Tribunal and Court claims and so particularly welcome cases involving allegations of breaches of contracts.

Much of my work has involved cases involving multiple defendants, and I have particular expertise in relation to questions of the status of employment agencies and their potential liability.

Examples of Recent Cases

  • X v X: Successfully acted for the Claimant in a two-week sexual harassment and constructive dismissal trial.

  • Re R: Acting for the Claimant in a sham redundancy case. Early engagement resulted in the case being successfully settled before the first hearing in the tribunal.

  • H v H & MJ: Represented the first Respondent in a direct disability discrimination trial.

  • P v R & H: Multi-faceted claim turning on the question of whether a contract is for employment or services; agency agreements; and limitation when joining additional parties.

  • X v H: Defending in a discrimination claim, relating to the apportionment of blame amongst various potential defendants.

Crime

Introduction

Although criminal cases no longer make up the majority of my practice, I continue to welcome instructions in appropriate matters, which tend to be cases which are particularly serious, difficult or legally / factually complex. Often these overlap with other areas of law where a broad experience is to be welcomed.

Examples of Successful Defences on Points of Law

  • R v. S: ABH trial stayed as an abuse of process due to Crown failures in disclosure.

  • R v. H: Successful submission of “no case to answer” to a possession of offensive weapons charge where the defendant told Police he carried a knife for his own “protection”.

  • Numerous acquittals following the exclusion of at-the-scene confessions.

Examples of Successful Defences when the Crown is Put to Proof

  • R v. AB: Successful defence in a handling stolen goods case arising out of a robbery. The entirety of the police interview was excluded. The defendant did not advance a positive case or give evidence and was acquitted on the basis of doubts raised as to continuity evidence.

  • R v. G: Successful defence of a driver charged with driving whilst disqualified and driving without insurance. No positive case was advanced and the defendant was not called to give evidence: after exclusion of an at-the-scene confession and forensic evidence, the court found that it could not be sure that the defendant was driving as opposed to being a passenger in the car.

Examples of Fraud and Financial Crime

  • R v. G: Successful defence in a counterfeit bank-note case, including the successful exclusion of an at-the-scene confession by the defendant.

  • R v. B: Successful defence of a student charged with money laundering as part of a substantial CHAPS fraud.

Examples of Defence Work in Cases of Violence, Drugs or Sexual Crimes

  • R v. G, R & R: First defendant in a serious s.18 trial, involving a large number of disputed witnesses of fact.

  • R v. A: Advisory work in relation to a high-profile murder trial, on the question of the meaning and effect of the expression “under the Queen’s peace” in the definition of murder.

  • R v. R: Historic sex case.

  • R v. X: Successful defence in a drugs case following the exclusion of the Crown’s forensic evidence identifying the seized package as drugs.

  • Numerous trials relating to allegations of assault.

Academic CV & Qualifications

  • Called to the Bar, the Hon. Soc. of the Middle Temple (2010).
  • CEDR Accredited Mediator.
  • L.L.B., the College of Law, London.
  • M.A., Selwyn College, University of Cambridge.
  • Authorised to conduct public access (direct access) work.
  • Registered pupil supervisor.

Contact Details

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If you are interested in instructing me—whether as a solicitor or a member of the public—it is usually best to make an initial enquiry to my clerks on + 44 (0)20 7404 7000 or by clerks@thomasmore.co.uk. They are generally available to answer calls from 9am to 6pm, Monday to Friday, and have access to my professional diary so can give you details of my availability and fees.

  • Post: Thomas More Chambers, 7 Lincoln's Inn Fields, London, WC2A 3BP. (Google Map)
  • Telephone: + 44 (0)20 7404 7000.
  • Fax: + 44 (0)20 7831 4606.
  • DX: 90 Chancery Lane.
  • Clerking email: clerks@thomasmore.co.uk
  • Email: .
  • Secure Email: CJSM: jacob.gifford-head@tmchambers.cjsm.net and other means. Please contact me for further details.