Called to Bar:
1999 Inner Temple
Gregory has a broad chancery practice covering; trusts and probate, property, commercial litigation and insolvency disputes. He is recognised by the legal directories for his “impeccable knowledge” of trusts of land matters in particular and is described as being “prepared to go the extra mile in all his cases”.
He has particular experience of heavy weight offshore trust and fund disputes in the Channel Islands and is currently a consultant to a leading Guernsey law firm.
Trusts and Probate
Gregory’s practice involves both advisory and litigation on matters such as claims in respect of appointment and removal of trustees; breach of trust claims; dishonest assistance and knowing receipt; family provision and setting aside declarations of trust. His trust and probate cases and experience include the following:
- Burnard v. Burnard  EWHC 340 (Ch). The Court was asked to determine a number of preliminary issues concerning the effect of a will, the validity of various transfers of land, shareholdings in company and the validity of a declaration of trust in the course of a claim under the Inheritance (Provision for Family and Dependants) Act 1975 s.2. Gregory was instructed on behalf of the Claimant.
- C v. D  – Gregory is currently instructed on behalf of a number of beneficiaries in respect of a claim against the trustees of a family settlement for breach of trust concerning misapplication of trust fund assets and for their removal as trustees.
- Re E Settlement  – this is a claim by the current trustees of a settlement against the former trustees for a multi million pound breach of trust claim concerning the misapplication of trust assets and failure to properly oversee investments together with a claim for unauthorised profits. The claim also involves allegations of dishonest assistance against former directors of the trustees.
- Manning v. Grant  – a claim for a declaration that a property was held as joint tenants pursuant to an express declaration of trust. Express declaration of trust denied by the Defendant. Declaration of trust upheld. Gregory acted for the Claimant.
- Oladejo v. Oladejo  – a claim for an estate account and an account of profits in respect of the unauthorised misapplication of rental income by the executors and trustees under a will. Gregory advised and represented the Claimants.
- Trotman v. Trotman  – a claim and counterclaim for a declaration of legal and beneficial ownership arising out of allegations made by the Defendant that the Claimant had fraudulently transferred several properties into her own name and had subsequently dissipated assets by using a Swiss bank account. Claim involved various applications for injunctions and forensic handwriting evidence. Gregory successfully represented the Claimant at trial.
- X v Y (2012) – Gregory advised a well known commentator in relation to a dispute with his former partner concerning ownership of a property in the UK and in Europe.
Gregory acts for clients in respect of a variety of residential and commercial property related cases from leasehold enfranchisement, to easements and rights of way, boundary disputes, lands tribunal and 1954 Act claims. Recent cases include:
- Cain Court v Higgitt (2013) – this case concerned the acquisition of the freehold by the tenants in a block of flats. The application was resisted on the basis that the freeholder was entitled to a leaseback of a loft space within the block and the extent of the premises to be acquired. Gregory advised and represented the Applicant throughout the proceedings.
- Wool v. Southern Railway (2012) – this case concerned the grant of a new tenancy of commercial premises at Redhill Railway Station. The matter went to trial on the terms of the new lease. Gregory represented the tenant.
- Mole Valley District Council v. Turner (2012) – the Claimant Council made an application for an injunction to remove the Defendant’s caravan from a site in Leatherhead. The application was resisted on the grounds that the Defendant would obtain planning permission. Following a trial the Court granted an injunction in favour of the Claimant. Gregory advised and represented the Claimant.
- Hepburn v. O’Donnell and Others (2012) – Gregory was instructed in relation to a claim for possession of a 50-acre agricultural holding in northwest London. The claim focused on allegations that the Defendant had hijacked the Claimant’s company by fraudulently transferring shares and appointing directors to acquire an interest in the land.
Gregory acts for both private and corporate clients in a broad range of cases including contractual disputes, supply of goods and services, directors’ duties and liabilities and commercial agency. Examples of recent cases include:
- Advising a Liechtenstein Foundation and company incorporated in the BVI upon a claim for rectification of various multi-million pound loan agreements.
- Advising a fund manager on multi million pound claim brought by the liquidators of a fund relating to allegations that the fund manager had lost control of assets.
- Advising a trustee of a fund upon the consequences of litigation between a fund manage and a unit-holder. In particular consequences for the fund of a claim for an indemnity by the fund manager.
- Advising an international bank in New York upon its obligations, as a third party to disclose documents in a claim worth in excess of US100m brought by liquidators against a former fund manager and its directors.
- Advising upon a claim against international offshore bank for its alleged failure to sell a fund following instructions.
- Advising a client upon a claim against one of the largest insurance companies in UK, relating to a £32 million contract.
- Successfully advised and represented a company upon summary judgment application in claim for damages arising out of sale of goods contract. The defendant company was advised and represented by a leading QC throughout.
- Representing Elf Business Energy in relation to a claim for the transportation and supply of gas. Acting for a manufacturer of RFID printing process in a £1 million plus contractual claim against the largest research development company in Europe. Issues of construction of letter(s) of intent, misrepresentation and estoppel by convention.
- Representing a building company for works carried out in the USA involving issues of forum, illegality and restitution.
Commercial Bankruptcy and Insolvency
Gregory represents liquidators, creditors and debtors in relations to all aspects of bankruptcy and insolvency. Recent cases include:
- Advising a respondent in relation to a transfer at undervalue.
- Representing a liquidator upon a claim for an interest in the former matrimonial home.
- Advising a respondent upon a potential claim by the liquidator for wrongful trading.
- Assisting the liquidator in a claim brought by the bankrupt’s former partner for a beneficial interest in the former home of the bankrupt.
- Setting aside orders of bankruptcy.
- Reinstatement of a company following earlier dissolution.
Publications & Articles
- International Civil Fraud (2013) – Sweet and Maxwell – Contributor to the Chapter on fraud in the jurisdiction of Guernsey.
- Sellers beware – what you say (or don’t say) may come back to haunt you!
- Possession claims against a bankrupt tenant
- De Facto directors – the net widens
- Service charges- a windfall for leaseholders at the expense of landlords?
- What is the extent of a builder’s duty of care beyond the obligations in the contract?….
- Chancery Bar Association
- Property Bar Association
Greg accepts Direct Access instructions.
VAT Number 770444629