Christopher McCauley

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Called to Bar:
2009 Middle Temple

Practice Areas

Degrees and other qualifications

BA Hons Classical Studies – Reading University
Graduate Diploma in Law – College of Law
Bar Vocational Course – College of Law
LLB Hons – College of Law
LLM Media Law – City University
LLM International Trade and Commercial law – Nottingham Trent University

Commercial and Company

Christopher’s commercial practice has a chancery focus and his clients range from large international corporations to small businesses and individuals. Recently Christopher has been instructed in matters relating to acquiescence, agency, assignment, breach of confidence, breach of fiduciary duty, collateral contracts, construction of contractual terms, conversion, consumer protection, copyright, debentures, defamation, derivative actions, directors’ duties, estoppel, equitable remedies, factoring agreements, gains based damages, guarantees, implied terms, indemnities, laches, misrepresentation, partnership disputes, piercing the corporate veil, penalty clauses, rectification of the share register, rescission, repudiation, sale of goods, sham contracts, supply of services, specific performance, unjust enrichment, unfair prejudice and waiver. Examples of his recent work include:

  • Successfully representing an international telecommunications company in libel proceedings, at first instance, and in the subsequent appeal proceedings;
  • Successfully representing a director in a claim involving allegations of breach of fiduciary duty, an attempt to rely on past consideration to support a variation of contract and the enforceability of a personal guarantee;
  • Successfully representing a company in a claim relating to the Sale of Goods Act 1979;
  • A 3 day trial, arising from the sale of a business, involving a claim for an account of profits and specific performance;
  • A number of claims relating to the enforceability and construction of personal guarantees;
  • Several claims relating to misrepresentation and collateral contracts;
  • Advising on proceedings relating to rectification of the share register and unfair prejudice.

Property

Christopher regularly appears in property matters and has recently been instructed in claims relating to express and implied trusts of land, easements, charging orders, dilapidations, damage to the reversionary interest, injunctions, landlord and tenant, shared ownership, the Party Wall Act 1996, possession of land, sham leases, succession and tenancy by estoppel. Examples of his recent work include:

  • Successfully representing a client in a multi-track TOLATA trial where there was a challenge to a declaration of trust;
  • Successfully representing a client in a multi- track trial in a dilapidations claim;
  • Representing clients in claims for injunctions where issues relating to interference with rights of light, interference with rights of way and the Party Wall Act 1996 have been raised;
  • Advising on the succession provisions in the Rent Act 1977 and the Housing Act 1985.

Insolvency

Christopher appears in the High Court and District Registries in insolvency matters and accepts instructions in corporate and personal insolvency proceedings and is currently instructed in a transaction at undervalue claim which also involves a trust of land dispute.

Costs

Chrisopher has extensive experience in conducting detailed assessments in the Senior Courts Costs Office, and in County Courts, as the receiving party and paying party. Chris has appeared in costs appeals in the County Court and the Senior Courts Costs Office and has drafted grounds of appeal, and skeleton arguments, in costs appeals in the High Court and Court of Appeal.

Restitution

Christopher has a particular academic interest in the law of restitution and has recently represented, and advised, clients in claims for restitution for wrongs and claims for restitution for unjust enrichment arising from mistaken payments, money had and received and quantum meruit.

Trusts, Wills & Probate

Christopher has a growing private client practice and has recently advised on the distribution of an estate under the intestacy rules, constructive and resulting trusts, gifts, breach of fiduciary duty and oral declarations of trust.


Reported Cases

  • Davies & Ollin & Ollin v Greenway Senior Courts Costs Office Appeal
  • Bromley v Hewson Medway County Court
  • Macefield v Bakos (drafting of grounds of appeal and skeleton argument only) EWCA Civ 184
  • Hodson v Mahmood Senior Courts Costs Office

Further Information

Christopher enjoys spending time with his wife and son enjoys watching films, going to the gym and reading (mainly legal or philosophy books).


Guildford Chambers Stoke House, Leapale Lane, Guildford, Surrey, GU1 4LY