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Paul J. Dean

Year of Call:  2001

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Senior Practice Manager
Daniel Griffiths

Practice Group Clerks
James Ashford
Mitchell Nash
Oliver Lee
Charlie Labrum

Chief Executive & Director of Clerking
Tony McDaid

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

Paul J. Dean - Professional Negligence CV

Paul has a lot of experience advising on professional negligence, particularly in the field of Financial Services.

NOTABLE CASES                                                                

Domestic & General Insulation Limited [2018] EWHC 265 (Ch), [2018] Bus LR 923.:  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 [2012] 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 [1967] 1 WLR 377 applied.  An affected charge holder could still apply to stay the liquidation or present a petition.

Wesellcnc.Com Limited [2013] EWHC 4577 (Ch): The statutory declaration of solvency required for a MVL was delivered late. Therefore, the MVL was actually a CVL: s.90. Just before the liquidation ended, the defect was noticed. An application was made for directions: s.166. However, that was late. The court granted an extension of time using: IR4.3. It also granted retrospective sanction and dispensed with the need to call a creditors' meeting.

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 and whether they breached their duties. 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.

RECENT EXPERIENCE                                                                      

Notable unreported cases include the following subject matters:-

  • Financial Services advisers/brokers:-
    • Off plan overseas buy-to-let investments (Spain);
    • Interest only mortgages (MCOBs);
    • Sale of credit card debt elimination scheme (CONCs).

 

  • Solicitors:-
    • Conveyancing transactions (reports on title, other defects);
    • General advice.

 

  • Insolvency practitioners:-
    • Invalid appointment of liquidators;
    • Procedural defects;
    • Failure to pursue a claim on behalf of the company in administration (IRHP redress).

 

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.