Called to the Bar 1993/Inner Temple

Education

• Girton College, Cambridge University (MA Cantab)
• Middlesex University
• Inns of Court School of Law

What solicitors and clients have said about him in a recent survey:

Why do solicitors instruct him?

• “One of the best advocates I have used”
• “Robert is a barrister who ticks all the boxes.”
• “A rare advocate who is good in court and in written work”
• “He is approachable, extremely knowledgeable, his written advice will always cover all aspects of the case.”
• “He does what he says on the tin - he is my first port of call”
• “Collaborative but critical where necessary”
• “The fact that I have been repeatedly instructing him for approximately 10 years despite moving firms who have their own favourite chambers and will continue to do so is the highest recommendation that I can give.”
• All those questioned either have or would recommend him to another solicitor. Clients also recommend him.

Key strengths

• “Excellent advocate”
• “An ability to take on heavy duty, document intensive and complex instructions”
• “An ability to grasp quickly the issues (legal or otherwise) and formulate an approach to resolving the same”
• “A very good legal tactician and advocate”
• “The level of his expertise.”
• “An ability to advise on all issues both obvious and obscure”
• “The clarity of his advice”
• “Easy to talk to and approachable”
• “Careful and attentive listener capable of absorbing information quickly and adroitly and well able to address questions raised.”
• “Very capable of apposite lateral thinking”
• “His ability to look at matters from different angles”

Advocacy

• “One of the best advocates I have used”
• “Excellent advocacy skills”
• “Excellent advocate, gets on with judges, always well prepared. Good with difficult clients.”
• “Very effective at presenting complex issues of law clearly and concisely”
• “Highly prepared regardless of the type of hearing”
• “Never surprised by opponents in hearings”
• “Able to respond comprehensively to an unexpected point on case law”
• "Good on his feet, very effective in cross examination"
• "Great court presence – impressive advocate, judges and tribunals really listen to him and accept his submissions."

Expertise

• “Highly knowledgeable”
• “An ability to advise on all issues both obvious and obscure”
• “I am yet to come across another barrister who will consider a matter as in-depth as Robert.”
• "He is knowledgeable, extremely pleasant to deal with and is a skilled practitioner"
• “Always demonstrates the necessary expertise in all aspects of legal counsel”
• “Thoughtful and persistent in his pursuit of issues... very thorough.. doesn’t skate over issues; prepared to develop esoteric but relevant arguments.”
• "He is knowledgeable and approachable"
• “Reliable, knowledgeable, sound”

Written advice

• “Precise, accurate and detailed advice”
• "Invaluable advice"
• “Able to deal with legally complex and document intensive instructions”
•  “Written advice is clear and succinct. Easily absorbable by the client as well as instructing solicitor”
• “Written advice is considered, detailed and most importantly clear enough to be able to be copied to the client.”
• “Written advices are clear and sufficiently detailed to ensure that all aspects of a matter are dealt with within the document.”

Service

• "10 out of 10 in all areas of service including advocacy, advisory work both written and in conference"
• "First class service"
• “Always happy to assist over the telephone”
• “Prepared to work late and out of hours”
• “Will not hesitate to discuss a matter in depth over the telephone”
• “Always responds quickly”

Client perspective

• “He has the equivalent of a GP’s “good bedside manner.”
• “Very good with clients. Clients always ask for him”
• “Good client manner and empathy”
• “Very approachable from a client’s perspective”

Areas of Practice
He has an extensive advisory practice and regularly appears in the High Court, County Court and various statutory tribunals dealing with high value cases as well as representing clients in mediations and other forms of ADR in the following areas of practice:

Property
All types of property related work including easements, rights of light, restrictive covenants, boundaries, adverse possession, trusts of land, constructive/resulting trusts, proprietary estoppel including ransom strips with a particular emphasis on property development projects as well as nuisance and trespass.
He also deals with disputes arising from the purchase and sale of land including options as well as contracts to build and sale of property.
All aspects of landlord and tenant work, particularly business tenancies including disputes arising on renewal, assignment and termination including repairing covenants and dilapidation claims.

Business
Company law and shareholder disputes, commercial contracts, commercial agency, partnership, guarantees, agency, economic torts, commercial fraud, sale of goods and supply of services, professional negligence including accountancy, solicitors, surveyors, architects, building contracts, IT professionals and financial lending institutions; banking and financial services and civil fraud.

Chancery
Intellectual property rights, trusts and breach of trust including fraud and undue influence, securities and disputes involving financial lending institutions, wills, probate and Inheritance Act Claims;

Examples of Cases
Much of his work is advisory and cannot be disclosed in the interests of his clients.

Property

Yong v. Begum
Advising and acting for client responding to adverse possession claim before the Adjudicator to HM Land Registry.
Chadwick Lawrence LLP

Lockwood v. Phelan
Advising and acting for client responding to adverse possession claim before the Adjudicator to HM Land Registry concerning high value development land.
Armitage Sykes LLP

Property Development cases following the "credit crunch"
Advising and acting for clients seeking to challenge the enforceability of contracts to buy flats "off plan" from developer by reason of delay and repudiatory breach.
McKay Law LLP

Roberts v. Tinker
Long running dispute over right of way and boundaries of business premises over 13 years won on a preliminary issue together with an order for indemnity costs and interim payment.
Armitage Sykes LLP

Duties of Mortgagee on repossession of property
Advising and acting for clients seeking damages for theft and damage of possessions after re-possession of their home.
McKay Law LLP

Wesson v. Bingham
Advising and acting on behalf of claimant and obtaining judgment in boundary dispute/adverse possession case before the Adjudicator.
Atherton Godfrey

Pre-contractual advice on purchase of property
Advising on rights of way and other potential rights adversely affecting a substantial property prior to purchase.
Levi Solicitors LLP

Advising on various leases and other rights over substantial commercial premises prior to purchase
Direct Access work

Tulley v. Jones
Action on behalf of developer in right of way and boundary dispute successfully concluded by negotiation following application for summary judgment thus enabling onward sale of the development site.
Atherton Godfrey

Advising client pre-action regarding drainage rights
Armitage Sykes LLP

Woodlands v. Mann & White
Very high value action by developer for nuisance, obstruction of easement and breach of contract in respect of a development site.
MCF Commercial

Advising commercial landlords in respect of remedies available for breach of covenant in long leaseholds.
Levi Solicitors LLP

Advising on restrictive covenants in respect of residential and commercial property
John P Martin & Co

Laycock v Pluck
Advising on right of way dispute.
Armitage Sykes LLP

King v Doughty
Advising on rights of way involving residential land
Armitage Sykes LLP

Cobble Fold Developments v Tinker
Advising a client with a breach of contract and trust claim concerning the transfer of land, property development
Levi Solicitors LLP

Cooplands v Greggs plc
Advising and acting on behalf of a client enforcing a restrictive covenant between businesses, loss of business damages claim; settlement confidential.
Atherton Godfrey

Smith v Evans
Advising a client where right of way to commercial premises was obstructed.
Tierney & Co

McIlroy v Southwell and Nottingham Diocesan Board of Finance
Reference to HM Adjudicator
Advising a client with an adverse possession claim against Church land.
Atherton Godfrey

Redfearn v Owen
Reference to HM Adjudicator
Advising and acting on behalf of a client with a right of way dispute involving residential and agricultural land.
Armitage Sykes LLP

Haigh v McKay
Acted for a client in a property related dispute involving business and residential premises.
Atherton Godfrey

Dhillon v Dyson
Conveyancing transaction dispute
Armitage Sykes LLP

Timson Retail v. Cattee
Business Tenancy dispute
Armitage Sykes LLP

Business, banking and financial services and professional negligence

Firth v. Walker Wake Smith & Tofeld
Advising claimant in a property purchase related solicitor’s negligence claim
Oxley & Coward

Alexander v. Romans Surveyors
Advising a claimant in a property purchase related surveyor’s negligence claim
MCF Commercial

Various IFA’s v. FSA
Advised group of IFA in respect of remedies available for breach of duty
Direct Access

Archway Engineering Ltd v. Co-operative Bank plc
Advising and acting on behalf of claimant for a claim in conversion of cheques.
Armitage Sykes LLP

Undersettlement of Miners Compensation Claims
Instructed in multiple claims against solicitors representing miners in compensation schemes.
Neil Hudgell Law

Mackay v. NJ Fabrics
Advising in a commercial agents claim
Armitage Sykes LLP

Wood v Berg & Company
Advising and acting on behalf of a defendant in a breach of trust claim involving solicitors
Atherton Godfrey

Dunham Holdings Ltd v Vickers Orriss
Advising a claimant in a surveyor’s negligence
Armitage Sykes LLP

Green v Sentley Wilson Bowen
Advising a claimant in a solicitors negligence claim
Atherton Godfrey

Thurloe v Richmond and Overton
Instructed on appeal to High Court in a breach of contract case.
Irwin Mitchell

Chancery
Advising a police force in respect of intellectual property rights.
In house solicitor

Andrews et al v. Gray
Claim on behalf of executors of an estate before the adjudicator in order to set aside the transfer of property of the deceased on the grounds of incapacity, undue influence and non est factum. Chadwick Lawrence LLP
Advising client in beneficial interest claim in real property with insolvency issues
Atherton Godfrey

Hussain v Alam and Bi
Advising and acting on behalf of a client who was the victim of undue influence, solicitors negligence, proprietary estoppel giving rise to an order for a constructive trust in his favour.
Schofield Sweeney

Hartley v Allen
Advising and acting on behalf of a client who was made a very substantial payment to a third party as a victim of undue influence during a romantic involvement and obtained repayment of the same together with an indemnity costs order in his favour.
Atherton Godfrey

Badger v Clymo
Constructive trusts and beneficial interest in real property
Schofield Sweeney

Carlac v Frost
Guarantees and TOLATA
Atherton Godfrey

Re Baxter Deceased
Wills/Distribution of estates
Armitage Sykes LLP

Re Madeley Deceased
Inheritance Act Claim
AMS Law

Bell v Rogers
Inheritance Act Claim
Atherton Godfrey

Parnall v Parnall
Inheritance Act Claim
Tierney & Co

Lawton v Holmes
Inheritance Act claim
Bailey Smailes

Public Access

He is authorised by the Bar Council to accept instructions in accordance with the Public Access Rules which enable members of the public, in many circumstances, to instruct a barrister direct,

Professional Membership

• North Eastern Circuit
• Chancery Bar Association
• Northern Chancery Bar Association
• Professional Negligence Bar Association