Paul J. Dean Banking
Paul has a lot of experience acting for or against financial institutions (as dictated by the Cab Rank rule). Over the years his cases have involved:-
- buy-to-let mortgage fraud;
- want of authority;
- guarantees and indemnities;
- contested mortgage possessions/enforcement actions;
- FCA Handbook compliance (including mis-selling of mortgages and other financial products);
- advising on complaints made to the Financial Ombudsman Service and the FSCS (plus Judicial Review thereafter).
He has taken a particular interest in IRHP (SWAPS) claims, particularly in the context of insolvent companies.
Nautch Ltd and Others v Mortgage Express and Walker Singleton (Property Management) Ltd  EWHC 4136 (Ch): acted for 20 claimants (forming a buy to let property portfolio) in a trial concerning the lawfulness of the appointment of LPA receivers. Established a breach of equitable duty to the borrower (cf. lender). Costs order approached globally, despite there being 20 individual claimants (but with common ownership).
Mortgage Express v Loi and Loi  EWHC 4048 (Ch): a declaratory relief for subrogated rights arising from negligent conveyancing on a remortgage of a freehold title which overlooked the existing of a lease.
Earles v Barclays Bank plc  Bus LR 566: want of authority case. Mr Earles lost. However, the bank's costs order was reduced by 50% for failing to provide e-disclosure properly. No adverse inference made as there was no evidence of deliberate spoliation.
Notable unreported cases include:-
- Judicial review against the Financial Ombudsman Service in respect of a case with an impact on hundreds of complainants. Preparing Pre-Action Protocol letter of claim grounds, application for permission and submissions. Resolved successfully by consent before application adjudicated upon.
- Acting for a high street bank in a case involving a Freeman on the Land who had obtained a witness summons against the bank’s CEO;
- High Court trial to recover over £2m lent to a property developer;
- Alleged fraud by a senior corporate bank manager for converting an unsecured and unauthorised company overdraft into a personal liability of the shareholder; and
- Advising on the enforcement of a personal guarantee in circumstances where there had been prior settlement with a co-guarantor; and
- Advice and assistance with a variety of mortgage mis-selling claims (court and ombudsman).
Chambers and Partners UK 2018 (partnership):
"A partnership specialist who knows the technical aspects, laws and procedures very well and is familiar with all the leading cases."
Chambers and Partners UK 2017 (partnership):
"He has one of the best junior partnership practices in Birmingham and is more experienced in it than anyone else I know: a go-to man for partnership."
"Always a port of call for me: I trust him when it comes to partnership law and he's involved in the big cases."
Legal 500 UK 2016 (commercial, banking, insolvency and chancery law):
"a well-known insolvency expert" and "Technically very astute and accurate, and very personable."
Chambers and Partners UK 2015 (partnership):
"The key to Paul Dean is that he gives you a very clear understanding of what he needs from you and in return you get access to his analytical and methodical mind."
Legal 500 UK 2014 (commercial, banking and insolvency):
"A very tenacious, efficient and persistent advocate"
Chambers and Partners UK 2013 (partnership):
"He's very methodical and precise, and he gives you the comfort that no point will not have been fully researched and considered."
Legal 500 UK 2013 (chancery, commercial, insolvency and banking):
"an acute eye for detail"; and a "relaxed but firm style of advocacy".
Recovery magazine (R3):
• Case summaries (2015)
Corporate Rescue & Insolvency:
• In Practice - "Proving solvency: consolidated accounts and the wisdom of hindsight?" Vol 7(6)  (Dec 2014)
• Case note - "Re: Safehosts (London) Ltd  BCC 721 (provisional liquidation instead of administration)" (March 2011)
Birmingham Law Society Bulletin:
"E-disclosure update" (March 2011)
• "The hazards of insurance law" (Winter 2007 - Issue 3)
• "E-disclosure - adverse costs" (Spring 2010- Issue 7)
• "E-Disclosure - update (the new practice direction)" (Spring 2011 - Issue 8)
• Partnership law: "Accounts and inquiries - how to achieve an equal footing" (2013)
• Whitgift School, Croydon.
• 1991: BSc (Hons) Manufacturing and Material Science - 1st class
• 1993: PGDL (Nottingham Law School)
• 1994: LPC (Nottingham Law School) - commendation
• 1996: Solicitor
• 2001: Solicitor Advocate (Civil)
• 2001: Called to the Bar (Inner Temple)
Midland Chancery and Commercial Bar Association (MCCBA).
Birmingham Law Society – Dispute Resolution Committee (former member)
· Pre 2006: playing rugby, travelling, scuba diving, certain wines and DIY.
· Post 2006: parenting, thinking about the above and IPA.