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.
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).
Pre 2006: playing rugby, travelling, scuba diving, certain wines and DIY, Post 2006: parenting, thinking about the above and IPA.
"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
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.
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)
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)