James Gibbons

December 30, 2015

James Gibbons has been in practice at the Bar since 1974.

His practice covers many aspects of chancery and commercial disputes, civil fraud and professional negligence. He has a particular interest in trade secrets and confidential information and related pre-emptive remedies, advising employers, employees, directors, partners, vendors and purchasers of businesses and in assisting clients before setting up competing businesses to avoid the risk and costs of litigation by adopting an open and straightforward strategy.

James is licensed for Direct Public Access work.

 


Robert Bourne

December 2, 2015

Robert Bourne is a highly experienced barrister whose practice covers all aspects of chancery commercial disputes and civil fraud. Robert has a particular specialisation in professional negligence claims against lawyers and other advisers.

Robert’s professional negligence practice has involved cases of all types arising from defective advice by lawyers about such diverse topics as valuation, tax, company formation and flotation, partnerships, sale and purchase of land and fishing rights and medical negligence. He has also acted in many cases concerning the negligent conduct and settlement of litigation both in Court and in Arbitrations and in the UK and overseas.

Robert also acts in disputes between auctioneers and vendors and purchasers of fine art, and other items concerning proper conduct of sale, safe custody of goods, valuation, attribution and payment of price.

Robert accepts Direct Public Access work.

Robert is a member of the Bar Pro Bono panel.


Jonathan DC Turner

Jonathan is an experienced barrister specialising in intellectual property and competition law.

His practice covers all types of intellectual property and a wide variety of subject-matter. He is particularly well-known for litigation relating to fabric designs, domain name disputes, and issues relating to the interface between intellectual property and competition or free trade law.

He is also known for his willingness to take on difficult cases and fight tenaciously and creatively for his clients, challenging conventional views when necessary.

He has extensive experience of cases which involve both IP and commercial, international, tax or other issues.

He is the author of “Intellectual Property and EU Competition Law” (2d Edition, OUP 2015), which has been described as the leading work of reference on this subject.


Mark Watson-Gandy

Mark practices in the areas of insolvency, company, banking and private international law. He is the author of “Watson-Gandy on Accountants“, “Corporate Insolvency Practice” and “Personal Insolvency Practice“. He is one of the Editors of the Butterworths Corporate Law Service.

He is a Visiting Professor at the University of Westminster.

His Holiness Pope Benedict knighted him in recognition of “his work as a barrister and law professor for the Catholic Church” in 2007 (Knight of the Order of St Gregory of the Great).

Mark is also a member of the Bars of the Eastern Caribbean (BVI) and DIFC (Dubai).


Timothy Clarke

April 8, 2018

Tim offers advice and representation in both contentious and non-contentious work relating to real property, wills, the administration of estates and trusts and partnerships. He has particular expertise in probate disputes and Inheritance Act claims. He also advises on matters of Ecclesiastical Law.

Tim advises on any issue involving land: buying and selling; registration and rectification; adverse possession; mortgages; easements and restrictive covenants; co-ownership and trusts of land, and proprietary estoppel.

He has recently been involved in cases where specific performance has been sought; in appeals from party walls awards and an adverse possession claim by tenants. He has also advised in cases relating to exclusive rights of burial in cemeteries.

He also advises on professional liability issues arising from property transactions.

Tim advises trustees and beneficiaries in relation to the administration of trusts.

Tim will advise on all matters relating to wills, probate and the administration of estates, from advice on the drafting of wills; questions about validity whether formal or substantial, particularly testamentary capacity; through disputes about obtaining grants and Inheritance Act claims, to administration actions and removal of executors and administrators. He has recently been involved in Inheritance Act claims by spouses, cohabitees and children; disputes involving questions of testamentary capacity; disputes as to the valuation of an estate where the deceased was a partner in a business and a case involving mutual wills. He has advised executors and administrators, as well as beneficiaries.

Tim has appeared in the Court of Protection and advised in cases involving disputes over the appointment of deputies, sales of a patient’s real property and statutory wills.

Tim covers all areas of Landlord and Tenant law, whether business, residential or agricultural, including claims to possession, lease renewal, relief from forfeiture, enfranchisement, service charges and succession. Recent cases have involved contested renewals of business tenancies, a service charge dispute where the works were covered by an insurance policy and the construction of a break clause.

Tim has advised and provided representation at consistory court hearings in relation to faculty applications. Tim has expertise in cases relating to burial and exhumation

Tim accepts instructions under the Bar’s Public Access scheme.


Richard Peat

December 2, 2015

Richard specialises in financial services regulatory and related legal areas.

He works directly with financial services and other clients, as well as taking instructions from solicitors and in-house lawyers.

Richard joined Chambers in January 2005. He had previously been an Assistant Official Receiver in the DTI’s Insolvency Service, a Senior Examiner in the DTI’s Companies Investigation Branch, Enforcement Counsel at the Investment Management Regulatory Organisation, and an Advanced Associate, Litigation Counsel and Enforcement Counsel at the Financial Services Authority.

At the FSA, Richard was involved in legal and policy work leading up to the introduction of the FSMA regulatory regime in December 2001, and then in advising on, and managing, investigations and enforcement casework.

Since joining Chambers Richard’s work has included advising on:

  • perimeter issues, regulated financial services activities, financial promotions and collective investment schemes;
  • applications for authorisation and variations of permission, and “passporting” into and out of the UK;
  • conduct of business, client money and assets, prudential and anti-money laundering requirements;
  • FSA and FCA supervision and enforcement investigations;
  • duties of financial advisers, liability of appointed representatives and their principals;
  • Freedom of Information and Data Protection issues;
  • UK and EU regulation of medical devices and cosmetics;
  • regulation of estate agents;
  • complaints to the Financial Ombudsman Service, Bar Standards Board, Legal Services Ombudsman, Information Commissioner and Parliamentary Ombudsman; and
  • applications for compensation to the Financial Services Compensation Scheme.

Richard was heavily involved in issues arising from the failure of Keydata Investment Services Limited. He has worked on matters arising from a wide range of financial services business areas, including financial advice, structured product provision and distribution, spread betting, unregulated collective investment schemes, invoice discounting, payment services, futures trading, insurance intermediation, mortgage intermediation, banking conduct of business, and claims management.

Much of Richard’s work is advisory and/or relates to regulatory enquiries and matters that are concluded without further action by the regulator or disputes that are resolved by agreement and remain confidential.

Richard is a Chartered Member of the Chartered Institute for Securities and Investments.


Tim Ludbrook

Tim’s primary professional interests lie in the creation, exploitation and enforcement of Intellectual Property rights and the protection of reputation, privacy and secrets. He is just as comfortable acting for clients intent on resisting claims for such interests as he is for those who enjoy them.

Tim is a highly experienced barrister, being a commercial lawyer and advocate. He deals with both contentious and non-contentious concerns and provides specialist advice, drafting and advocacy services to his clients, whether they are in the UK, EU member states, the USA, Canada, Australia and beyond. Tim offers representation  in mediation and arbitration contexts as well as at interim level, substantive hearings and trial, and on appeal before a broad range of courts and tribunals, including: UKIPO; the High Court, Court of Appeal and Supreme Court; EUIPO; and the European Court of Justice.

Tim’s practice is grounded in four key (and often overlapping) areas of substantive law and procedure:

  • Intellectual Property
  • Media
  • Entertainment & Sport
  • Information Technology

Tim acts for clients whose activities range across the entire spectrum of creative and commercial fields, from music, broadcasting, publishing, fashion, film, TV, fine art, and sports, through to advertising, branding, franchising, manufacturing and High Street retail business and technical and other forms of product design and development. His practice also encompasses many new fields of endeavour, such as social media and other forms of technological innovation and communication.


Richard Devereux-Cooke

Richard practises primarily in property based law including all aspects of landlord and tenant work (commercial and residential) as well as other issues relating to land ownership and occupation. He has a particular interest in matters involving adverse possession, easements, housing, access to land (including rights of way and highways), licences, boundary disputes, and claims concerning trespass and nuisance especially where these involve environmental issues. Richard also advises and acts on planning issues and in respect of tree preservation orders.

An important part of Richard’s practice is personal injury litigation with a regular focus on high-value and complex claims involving motorcyclists. In addition, Richard undertakes work involving clinical and other professional negligence claims, often with a strong medical context.

Richard advises and appears in cases relating to Trusts of Land, Inheritance Act claims and other matters linking property and family law such as contentious and non-contentious probate work, and in commercial contract disputes. A part of recent years’ practice has also been taken up with work dealing with Consumer Credit Act disputes.

In common with other member of Chambers, Richard also advises and acts in matters dealing with both personal and corporate insolvency and related issues.

Richard has been admitted to the Bar of Gibraltar in order to appear in personal injury and clinical negligence cases in the Supreme Court of Gibraltar, instructed by solicitors based in Gibraltar.

Richard is an accredited mediator and is equally happy to appear for parties at mediations as well as act as a mediator. He is also able to accept instructions for work through the Bar’s Direct Public Access scheme.

Background

Richard came to the Bar after a highly successful career in agriculture, covering both practical farm management and two decades running his own agricultural business providing services to farmers and industrial land users. Whilst in that industry, he became a nationally recognised expert in pesticide use and law. He was a member of a number of government and government agency committees dealing with pesticides, environmental, and health and safety issues. He has also had major involvement in the drafting of environmental codes of practice and other industry guidance on the avoidance of pollution.

Seminars

Richard has for many years been a regular contributor to technical seminars and conferences, both as a speaker and as conference chairman. He continues to contribute to seminars on property law matters.

Richard is also a Middle Temple Advocacy Trainer, and an accredited pupil supervisor.


Katherine Hallett

Katherine has a broad practice encompassing a wide variety of chancery and commercial litigation, including advisory work. She has particular interest in insolvency and property law.

As regards insolvency, Katherine’s practice includes:

  • petitions for bankruptcy and winding up
  • applications to set aside statutory demands
  • validation orders
  • annulment and rescission applications
  • applications for possession and sale
  • actions against officers for misfeasance
  • transactions at an undervalue, preferences, unlawful dividends etc
  • challenges to office-holders’ remuneration and expenses

Katherine’s property-related work includes:

  • landlord and tenant disputes (residential and commercial, including ASBO-related matters)
  • real property (boundary disputes, adverse possession claims, easements and rights of way)
  • trusts of land matters (including orders for sale)
  • proprietary estoppel
  • mortgage repossessions (including mortgage fraud)

She is also particularly interested in disputes relating to beneficial interests in property.

Katherine’s commercial practice covers:

  • company law
  • breach of contract
  • sale of goods
  • supply of services
  • contracts regulated by the Consumer Credit Act 1974
  • personal guarantees and indemnities

Katherine’s probate-related practice covers:

  • the validity, interpretation and rectification of wills
  • administration of estates
  • claims under the Inheritance (Provision for Family & Dependants) Act 1975
  • challenges to wills on the grounds on lack of testamentary capacity, want of knowledge and approval and undue influence

Katherine appears before a variety of tribunals, predominantly the High Court, the County Court and First Tier Tribunal (Property Chamber)/Upper Tribunal (Lands Chamber).

Katherine also contributes regularly to Lexis PSL Restructuring and Insolvency. She has written several Case Notes (see below) and Practice Notes (on after-acquired property in bankruptcy and partnership disqualification).

Public Access
Katherine undertakes Public Access work. Please see the Bar Standard Board’s Public Access Guidance for Lay Clients here.

Upon accepting instructions, Katherine or her Clerks will agree the basis upon which the Public Access client is to be charged for the work to be done. In direct access cases, fees (plus VAT) will be charged on a stage by stage fixed fee basis, which will be set by reference to the nature and complexity of the case, the amount of reading and research involved, the likely length of any hearing, and Katherine’s experience in that area of law. The agreed fee (together with the VAT) must be paid as soon as Katherine accepts instructions on the case.

Katherine is not authorised to conduct litigation. This means that Public Access clients will need to do certain things themselves. That includes issuing proceedings, filing documents at Court, and serving documents on other parties.

VAT
Katherine is registered for VAT. Her number is 979115288.


Michael Smith

Michael is a barrister specialising in intellectual property, insolvency and general commercial litigation.

His intellectual property practice comprises copyright, designs, trade marks and trade names, passing off, patents and confidential information.

In his insolvency practice, he acts for trustees in bankruptcy, liquidators, creditors and debtors.

Michael has a special interest in the music industry and in music law. He has acted in disputes between artists and their management on both sides. He is well acquainted with the various IP rights involved in music production and with how they move in the music industry. Michael has acted for and against world renowned artists and other industry players and in doing so he knows the strategies that work. In addition, his cross-discipline expertise leaves him uniquely placed to deal with questions related to insolvency of musical artists, their service companies, and record and publishing companies.

As a former IT infrastructure specialist and keen coder himself, Michael is well placed to assist with disputes about IT and software.  He has first hand experience of the contractual, technical and IP issues that can arise.  His current language of choice is C# and he has worked in the past with many, including Java, VB, VB.NET, VBScript, C++, XML, XSLT and Windows Installer.  Michael is always looking for opportunities to automate or simplify his working practices using technology.  Current projects include a C# WPF application for managing and analysing data about winding up petitions and hearings, an addin for Outlook, and an application for managing and merging data into document templates to create rich documents.

Michael has a reputation as an excellent litigation strategist and tactician. His forensic analysis of documents is meticulous and he has a keen eye for the unusual. He is known for his thorough and well considered advice and his strong commercial focus. He is an effective and persuasive advocate whose cross-examination can turn a trial.

Michael is is an accredited mediator with the Society of Mediators and also deals with company law matters, commercial matters and general chancery work.