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Paul J. Dean

Year of Call:  2001

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Senior Practice Manager
Daniel Griffiths
James Wackett

Practice Group Clerks
James Ashford
Mitchell Nash
Cameron Grant
Oliver Lee


Chief Executive & Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
[email protected]

 

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;
  • restitution;
  • factoring;
  • 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.

NOTABLE CASES

Nautch Ltd and Others v Mortgage Express and Walker Singleton (Property Management) Ltd [2012] 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 [2011] 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 [2010] 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.

RECENT EXPERIENCE

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).

DIRECTORIES


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".


PUBLICATIONS

Recovery magazine (R3):

• Case summaries (2015)

Corporate Rescue & Insolvency:

• In Practice - "Proving solvency: consolidated accounts and the wisdom of hindsight?" Vol 7(6) [245] (Dec 2014)

Insolvency Intelligence:

• Case note - "Re: Safehosts (London) Ltd [2013] BCC 721 (provisional liquidation instead of administration)" (March 2011)

Birmingham Law Society Bulletin:


"E-disclosure update" (March 2011)

Chambers’ newsletters:

"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)

 

QUALIFICATIONS

• 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)

 

MEMBERSHIPS

Midland Chancery and Commercial Bar Association (MCCBA).

Birmingham Law Society – Dispute Resolution Committee (former member)

 

INTERESTS

·        Pre 2006: playing rugby, travelling, scuba diving, certain wines and DIY.

·        Post 2006: parenting, thinking about the above and IPA.