Profile submitted by Mark West
Bankruptcy/ insolvency, charities, general commercial/contract, company law, equity/ trusts, landlord/tenant (agricultural, business, residential), partnership, probate, professional negligence (especially solicitors' negligence), real property/conveyancing/mortgages, restitution. Reported cases: Kleinwort Benson v Sandwell BC  4 All ER 890; Morgan Grenfell v Welwyn Hatfield DC  1 All ER 1; Kleinwort Benson v Birmingham CC  QB 380; Kleinwort Benson v Lincoln CC  2 AC 349 (restitution of monies paid under ultra vires interest rate swap contracts); Chong Kai Tai Ringo v Lee Gee Kee  HKLRD 491 (Privy Council) (sale and purchase of property in Hong Kong); Portman Building Society v Hamlyn Taylor Neck  4 All ER 202; Portman Building Society v Bevan Ashford  Lloyd's Rep PN 354 (solicitors' negligence); Batchelor v Marlow  1 EGLR 119, (2001) 82 P & CR 459 (whether parking of cars an easement); Barclays Bank v Bee  1 WLR 332 (business tenancy: s.25 notices). Weir v. Secretary of State for Transport (No.1)  EWHC 812 (Ch) (costs capping orders); Weir v. Secretary of State for Transport (No.2)  EWHC 2192 (Ch) (misfeasance in public office); Banfield v. Leeds Building Society  EWCA Civ 1369 (effect of failure to surrender insurance policy on existence of possession action); McLean Estates Ltd v. Earl of Aylesford  EWHC 697 (Ch) (mines/minerals; whether Mercia Mudstone within 1922 exception and reservation of mines/minerals; powers of working minerals); Tregonwell Monro Smith v. Herbert  EWHC 4177 (Ch) (s.12 TOLATA 1996; unavailability and unsuitability of land for occupation by a beneficiary); Fielden v. Christie-Miller  EWHC (Ch) 87 (relationship between proprietary estoppel and unanimity principle where the representations made by one of several trustees; relationship between proprietary estoppel and principle that trustees cannot fetter exercise of discretion).
Chancery Bar Association; Professional Negligence Bar Association; Property Bar Association; Association of Contentious Trust and Probate Specialists.
'Swaps & Local Authorities: A Mistake?' (with Catherine Newman QC) in Swaps & Off-Exchange Derivatives Trading: Law & Regulation (FT Law & Tax, 1996). ‘Know Your Limits: Trustees' Mistakes under the Limitation Act’(2007) 86 Trusts & Estates Law Journal 12 ‘Breach of Warranty of Authority in Solicitors' Liability Claims’ (with Professor Francis Reynolds) (2009) 25 Journal of Professional Negligence 131;‘The Ownership of Surface Voids Created by Mineral Extraction’ (2011) Conveyancer 30; ‘Section 5 of the Limitation Act 1980 and Restitutionary Claims for Money Had and Received’ (2011) 30 Civil Justice Quarterly 366 ‘The Dangers of Appropriation: A Trap for the Unwary‘(2015) 31 Journal of Professional Negligence 140 ‘Adverse possession, illegality and land registration: the balancing of conflicting public policies’ (2015) Conveyancer 432 ’A Sporting Chance: is there a right to use sporting and recreational facilities?’ (19th February 2016) New Law Journal 11
Part of DTI Team under Hilary Heilbron QC and Michael Boohan FCA to inquire into affairs of Blue Arrow Plc (Blue Arrow II) (report published September 1992). Member of joint Bar Council/Law Society working party to review civil justice system: Report 'Civil Justice on Trial, The Case for Change', published June 1993. Contributing editor Lloyd's Law Reports (Professional Negligence) 1999-2003. Junior counsel to shareholders in Weir v Secretary of State for Transport (the Railtrack litigation) 2005. Member of Committee of Chancery Bar Association 2005-2016; Deputy Judge of the Upper Tribunal (Administrative Appeals Chamber) 2012 to date; member Bar Tribunals and Adjudication Service 2013 to date.