Stephen is an experienced, specialist civil practitioner who regularly deals with matters in the High Court and Court of Appeal as well as well as lower courts including Land Tribunal and in mediations.
Stephen advises on all areas of property law, where the breadth of his knowledge and experience is appreciated. He is noted for his persuasive advocacy ability and his comprehensive knowledge of the civil procedure rules. His skill with costs arguments makes him very sought after for Costs and Case Management hearings.
Examples of work undertaken:
TOLATA claim by two executors for a declaration of the deceased’s interest in a residential property and an application for an order for sale. The property was purchased by the deceased and her step-daughter, was allowed to live there for a monthly payment. There is a dispute as to whether the Trust Deed was properly executed and the terms of any trust, including any outstanding rent or occupation charge. The Defendant’s claim that she is the sole legal and beneficial tennts pursuant to a joint tenancy is further challenged on the basis of her bankruptcy and the argument that her interest vested with the Official Receiver.
Stephen recently, obtained favourable determination of the terms and purpose of a trust deed in respect of residential property, with subsequent possession. Stephen represented one trustee and beneficiary who no longer resided at the property against another beneficiary who continued to reside there and claimed a right to remained pursuant to the contradictory clauses of the trust deed.
Stephen is also regularly instructed in residential and commercial leasehold matters. He appeared in the Supreme Court, having successfully represented the Respondent at the Court of Appeal upon the issue of the validity of a notice before action for termination of a mobile home licence. The dispute related to the duration and content of the notice together with issues of discrimination under the Disability Discrimination Act 1995 and the Equality Act 2010. Stephen had obtained an order terminating the licence agreement, following a three day hearing in the County Court.
He is very experienced in boundary disputes and recently represented farming clients in the Court of Appeal in respect of a complicated boundary dispute involving three areas of Land and arguments over extent of paper title, interpretation of documents, estoppel and use of expert evidence. He is also currently involved in disputes concerning Japanese Knott Weed.
Stephen has considerable experience in easements (light, parking and right of way), in three day case concerning the extent of parking easements acquired over neighbours’ property he successfully restricted the determination of the area and nature of the easement with arguments on whether it was capable of subsisting in law, the specific area and whether there was a permanent right to park for the occupier or merely visitors if space was available.
Stephen is qualified to accept instructions under Direct Access.
Recent Talks and Articles
Part 36’s self contained procedural code continues to attract some discretion
Claimant Secures Costs Despite ‘Dishonest’ Conduct
Part 36 Update
Recommendations
“Stephen is calm, down to earth, and very good with clients.”
Legal 500 2023 Professional Negligence
Notable Cases
Telchadder v Wickland (Holdings) Ltd [2014] 1 W.L.R. 4004
Hatton v Connew [2013] EWCA Civ 1681
Bill v Simes [2013] All ER (D) 330
Paseana v Letrex Holdings Ltd [2010] EWCA Civ 1539
Qualifications
BSc (Hons), Bristol 1995
Dip Law, BPP Law School 1996
BVC (Very Competent), Inns of Court School of Law 1997
