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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

Practice summary

Christopher is a Chancery Barrister specialising in the law of real property, landlord and tenant disputes (commercial and residential), property related insolvency and company law matters. Christopher is also regularly instructed in probate disputes.

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), land registration and rectification of the register, ownership of airspace and subsoil, the Party Wall Act, proprietary estoppel, property related insolvency, restrictive covenants, shared ownership and Trusts of land.

Examples of his recent work include:

  • Successfully representing a client an appeal relating to the creation of easements;
  • 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 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 a commercial landlord in a claim 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.

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 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.

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.

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


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