Paul J. Dean

Viewing: Banking, Finance and Financial Regulation for Paul J. Dean

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.
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;
- 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).
"He is an out-and-out specialist in partnership law and is very up to speed on partnerships." "Paul has great attention to detail and is very approachable and always readily available to discuss cases when needed."
Chambers UK 2022
‘Very approachable and always readily available to discuss case when needed.’
Legal 500 2022 (Commercial Litigation)
“He is hugely focused and is able to drill down into a raft of evidence with surgical precision. He has a near prophetic view of the next important moves.”
Chambers UK 2021
“Focused on the details but avoids being drawn into the irrelevant aspects of cases.”
Legal 500 2021 (Company and Insolvency)
“Personable, thorough and knowledgeable, he ticks all the boxes”
Legal 500 2021 (Commercial Litigation)
“He is very user-friendly.”
Chambers UK 2019 (Partnership)
“He’s an excellent draftsman, a dogged advocate and a very client-friendly barrister.” “His advice is always well thought through and very considered.”
Chambers UK 2019 (Commercial Dispute Resolution)
“Very experienced in commercial disputes.”
Legal 500 2019 (Commercial, Banking, Insolvency and Chancery law)
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.
Midland Chancery and Commercial Bar Association (MCCBA)
Birmingham Law Society – Dispute Resolution Committee (former member)
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)
Recovery magazine (R3)
Case summaries (2015)
Corporate Rescue and 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)