Paul J. Dean

Viewing: Professional Negligence for Paul J. Dean

Paul has a lot of experience advising on professional negligence, particularly in the field of Financial Services.
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).
INTERESTS:
Pre 2006: playing rugby, travelling, scuba diving, certain wines and DIY, Post 2006: parenting, thinking about the above and IPA.
Recommendations
"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 2018 (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."
Chambers and Partners UK 2017 (partnership)
"a well-known insolvency expert" and "Technically very astute and accurate, and very personable."
Legal 500 UK 2016 (commercial, banking, insolvency and chancery law)
"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."
Chambers and Partners UK 2015 (partnership)
"A very tenacious, efficient and persistent advocate"
Legal 500 UK 2014 (commercial, banking and insolvency)
"He’s very methodical and precise, and he gives you the comfort that no point will not have been fully researched and considered."
Chambers and Partners UK 2013 (partnership)
"an acute eye for detail", and a "relaxed but firm style of advocacy"
Legal 500 UK 2013 (chancery, commercial, insolvency and banking)
Notable Cases
Domestic and 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.
Memberships
Midland Chancery and Commercial Bar Association (MCCBA)
Birmingham Law Society – Dispute Resolution Committee (former member)
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)
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)