Paul J. Dean - Commercial Litigation
Paul has been in practice as a commercial barrister for over 15 years.
Prior to his call Paul qualified as a solicitor (Eversheds - 1996) and a Solicitor-Advocate (2001).
His first degree gives him helpful technical and practical knowledge of disputes involving engineering and technology. He has a keen interest in cases involving IT and IPR.
Paul specializes in the following areas:-
- Company & Partnership;
- Banking & Finance.
His practise also includes:
- Injunctions (including in personam, proprietary & mandatory);
- High value motor vehicles (so far a Maybach and a vintage Aston Martin DB5);
- Restraint of Trade;
- Arbitration: London and International (Copenhagen); and
- ADR (mediation and other formats).
Domestic & General Insulation Limited  EWHC 265 (Ch), HHJ Purle QC: A members’ voluntary liquidation commenced without giving prior notice to a charge holder: s.84(2A) IA1986 (in turn referring to para 14(2) Schedule B1). Subsequently, it was converted into a CVL and new liquidators appointed. The court was asked to declare that their appointments were valid.
The recent authorities regarding invalid appointments of administrators (viz Eco Link Resources  BCC 731) were “of no or limited assistance”. The liquidators’ appointment was valid by virtue of the original special resolution of the members: Re Centrebind Ltd  1 WLR 377 applied. An affected charge holder could still apply to stay the liquidation or present a petition.
Re: Husky Group Limited (in liquidation)  EWHC 3003 (Ch): acting for liquidator in a successful claim based upon s.423 and 238 IA1986. 8 day High Court trial before HHJ Purle QC. Legal issues included the form of relief and whether the presumption of insolvency could be rebutted using hindsight.
Re: Brown Bear Foods Ltd  EWHC 1132 (Ch): application for an administration order. Threshold met but discretion not exercised in order to preserve effect of s.127 IA1986. Provisional liquidator appointed with petition re-listed for final hearing 18 days later.
Re: Reflex Recordings Ltd  EWHC 4514 (Ch): costs - freezing injunction and administration order.
Re: Safehosts (London) Limited  EWHC 2479 (Ch),  BCC 721: application for an administration order. Threshold not met.
Application treated as a petition to wind up the company. Provisional liquidator appointed. Dispute over identity of office holder.
Re: James Dolman & Company Ltd  EWHC 3950 (Ch): a trial acting for the liquidator. Transactions at an undervalue, knowing receipt, constructive trust and restitution.
Re: Plants to Go Ltd  EWHC 3915 (Ch): a retrospective administration order in the context of a pre-pack sale of assets.
Douglas Wemyss v Sameer Karim and Douglas Wemyss LLP  EWHC 292 (QB): acted for the claimant in respect of the sale and purchase of a solicitor's practice. The case concerned a claim for the non payment of deferred consideration which was met with a substantial counterclaim. The trial took 9 days.
Hamed v Stevens  EWCA Civ 911: (judgment 26 July): conflict of laws (foreign land - Egypt). The case concerned the transfer of US$300,000 by Mr Stevens to Mr Hamed's bank account in Egypt for the purpose of purchasing a holiday apartment. There was a dispute over whether Mr Stevens (and/or his partner) ever received title. Mr Stevens issued proceedings for restitution (in personam) in the Birmingham District Registry. Mr Hamed challenged jurisdiction on the basis that the true character of the proceedings would be to resolve title to foreign land (in rem), in which case the jurisdiction of the English courts should be excluded under the Mozambique rule (British South Africa Co v Companhia de Mozambique  AC 602). HHJ Purle QC dismissed Mr Hamed's application. The unanimous judgment of the Court of Appeal (Arden, Lloyd-Jones and Fulford LJJ) was that the case did not fall within what was left of the Mozambique rule. Furthermore, it would have fallen within the recognised exception to the Mozambique rule anyway, being a claim in personam: per Lord Mance in Pattni v Ali  2 AC 85 . Mr Hamed's appeal was therefore dismissed. Lloyd Jones LJ added that a "most interesting point" raised in respect of the operation of Articles 2 and 22 of the Brussels I (Judgments) Regulation "must await decision on another occasion".
Ackroyd and Others v Hollely and Others, County Court (Leeds), Lawtel 16 January 2013: an appeal concerning the costs order made on an application for pre-action disclosure.
Stevens v Hamed  EWHC 1871 (Ch): monies paid to purchase Egyptian property. Transaction did not happen. Claim (in personam) for restitution in England, not claim (in rem) in Egypt. Conflict of laws. Jurisdiction. Forum non conveniens. Subject to appeal in 2013.
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).
Till v Morris, 22nd December 2011 (Westlaw), CLMD  C.L. 219: the absolute right of a partner to inspect partnership books and records contrasted with obligations of a party to disclose documents. Providing safeguards where inspection of office holder files was required.
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.
Bruce v Gartlan, Hartill and Others  EWHC 4047 (Ch): a trial to determine the beneficial ownership of shares. The claim was based upon s.125 Companies Act 2006 (rectification of the register).
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.
Hussain v Al-Awlaqi, Clout & Baya'a: (Dubai CFI 023/2009, 20th May 2010): insolvent limited liability partnership. Trust and confidence had broken down. Deadlock. Just and equitable winding up. Resisted on the basis of having made a reasonable offer to buy out the others. Raft of factual disputes which affected the valuation of the business dramatically. Justice Sir John Chadwick decided that it was "misconceived" to have a trial in order to evaluate whether the offer was reasonable and so the petition would be struck out. Instead he favoured an investigation by a liquidator and ordered a winding up. Paul acted as a UK based Associate of the Advocate in Court.
Khan v Mohammed  EWHC 125 (Ch): whether a partnership existed and what share of the beneficial interest of a commercial property did it own.
Nazir v Afsha, BCC (Chancery), 6th March 2008, Lawtel: right to buy freehold of house. Resulting trust. Breach of that trust. Inquiry as to damages. Equitable interest established but proprietary estoppel doctrine incomplete: possession ordered.
Singh v Anand, Anand International Ltd and others, Ch D (Birmingham),  EWHC 3346 (Ch): whether a 10 minute conversation in 1981 established a trust over two issued shares for the benefit of two and one contingent beneficiary. Constructive trusts. Proprietary estoppel. Sections 53(2) and 53(1)(c) LPA 1925. Engine of fraud: Rochefoucauld.
Singh v Anand, Anand International Ltd and others, Ch D (Birmingham), Lawtel 19/10/2006: the balance of justice came down in favour of granting an interim injunction on a without notice basis to restrain the directors and shareholders from using the company's funds to fund their litigation where the claimant claimed to have a one third beneficial interest in the two registered shares.
RTA (Business Consultants) Ltd v Admiral Self Storage Ltd  CLY 745: a contractual term which provided for full payment of a sales commission of £130,000 in the event of non-payment of a registration fee of £3,500 was a penalty. Limiting the sales commission claimed did not affect the analysis of whether it was a penalty or not.
Chahal v Mahal  EWCA Civ 898,  2 BCLC 655: the transfer of assets into a company did not trigger a dissolution where one partner was not consulted and was not issued with shares.
Chahal v Mahal  EWHC 2859 (Ch): proved formation of a partnership in 1981, rather than a loan being made.
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.