Christopher McCauley
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
Practice summary
Christopher is a Chancery Barrister specialising in the law of real property, landlord and tenant disputes (commercial and residential), contentious probate and trust disputes, property related insolvency and company law matters.
Property
Christopher’s recent property practice has included cases involving adverse possession, boundary disputes, charges and mortgages, the construction and enforcement of covenants, commercial property (consents, dilapidations, forfeiture, 1954 Act, lease renewals, surrender) and residential landlord and tenant (disrepair, possession, rent repayment orders, quiet enjoyment, sham leases, succession, tenancy by estoppel), easements (rights of way, rights of light, rights of drainage, rights of support), escheat, land registration and rectification of the register, ownership of airspace and subsoil, the Party Wall Act, part performance, proprietary estoppel, property related insolvency, restrictive covenants, service charge disputes, shared ownership, strict settlements, trusts for sale and Trusts of land.
Examples of his recent work include:
- Successfully representing a client an appeal relating to the creation of easements;
- An appeal concerning issues relating to proprietary estoppel, restitution and Pallant v Morgan constructive trusts
- 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;
- Successfully establishing exceptional circumstances in a claim for an order for sale;
- Successfully representing a client in a 5 day partnership dispute relating to a trust of land. The claim involved arguments about breach of fiduciary duties, limitation, laches and acquiescence.
- 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;
- Successfully representing commercial landlords in a claims for possession following forfeiture;
- Advising on the succession provisions in the Rent Act 1977 and the Housing Act 1985;
- Advising on whether a proposed use of a way would constitute excessive user;
- Advising on rights of drainage;
- Advising as to whether pipes protruding into airspace constituted trespass;
Advising as to the ownership of airspace above a leasehold property.
Contentious probate and trust disputes
Christopher is regularly instructed in contentious probate matters and his recent practice has included cases involving questions about: testamentary capacity, want of knowledge and approval, undue influence, fraudulent calumny, the execution of wills, the removal executors, executor’s duties, devastavit, Beddoe orders, the interpretation of wills, gifts, the Inheritance Act and the intestacy rules.
Christopher is also regularly instructed in trust disputes and has been involved in cases relating to constructive and resulting trusts, the severance of beneficial joint tenancies, strict settlements, trusts for sale, the partition of co-owned land, breaches of fiduciary duty, proprietary estoppel, Pallant v Morgan constructive trusts, protective trusts, replacing trustees and challenges to declarations of trust.
Commercial, Company and Partnership
Christopher is regularly instructed in commercial, company and partnership matters and he has particular interest in fiduciary relationships. Christopher’s clients range from large international corporations to small businesses and individuals and he 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 a party in an eleven day trial concerning breaches of fiduciary duties and unlawful means conspiracy;
- 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.
Insolvency
Christopher appears in the High Court and District Registries in insolvency matters and has recently been instructed in matters relating to transactions at an undervalue, preferences, post-petition dispositions, applications to set aside statutory demands, bankruptcy petitions and whether there are exceptional circumstances to postpone an order for sale.
Further information
Christopher enjoys spending his free time with his wife and sons and enjoys watching films, going to the gym, martial arts and reading.
Professional Memberships
Chancery Bar Association
Property Bar Association
Further Information
Christopher enjoys spending time with his wife and sons enjoys watching films, going to the gym and reading (mainly legal or philosophy books).
VAT Number 267498056
