Direct Access Barrister

Christopher David John McCauley

Direct Access Barrister

Christopher David John McCauley

Christopher is a Chancery Barrister who specialises contentious probate and trust disputes, the law of real property (in particular claims involving easements, boundary disputes, trusts of land or proprietary estoppel) and landlord and tenants disputes (commercial and residential)

Area of Law

Chancery

Christopher has experience in a wide range of chancery/commercial matters and examples of his recent work include:


• Successfully representing a client in an 11 day company law trial that concerning breaches fiduciary duty and unlawful means conspiracy;
• Successfully representing a director in a claim involving allegations of breaches of fiduciary duty, an attempt to rely on past consideration to support a variation of contract and the enforceability of a personal guarantee;
• A 3 day trial, arising from the sale of business, involving a claim for an account of profits and specific performance; and
• A number of claims relating to the enforceability and construction of personal guarantees

Property

Christopher is regularly instructed in property matters and can advise you, draft pleadings for you and/or represent you at interim hearings, trials and appeals.
The core areas of Christopher's property practice are cases involving easements, boundary disputes, forfeiture, trusts of land and proprietary estoppel.
However, Christopher's practice covers most areas of property law and his recent property practice has included cases involving adverse possession, boundary disputes, charges and mortgages, the construction and enforcement of covenants, commercial property (consents, dilapidations, forfeiture, 1954 Act, lease renewals, surrender) and residential landlord and tenant (disrepair, possession, rent repayment orders, quiet enjoyment, sham leases, succession, tenancy by estoppel), easements (rights of way, rights of light, rights of drainage, rights of support), escheat, land registration and rectification of the register, ownership of airspace, the Party Wall Act, part performance, proprietary estoppel, property related insolvency, restrictive covenants, service charges disputes, shared ownership, strict settlements, trusts for sale and trusts of land.
Some examples of his recent work include:
• Successfully representing a client in an appeal relating to the creation of easements.
• An appeal concerning points on proprietary estoppel, restitution and Pallant v Morgan constructive trusts;
• Successfully representing a client in a trust of land

Wills and Probate

Christopher is regularly instructed in contentious probate matters and trust disputes and has a particular interest in claims involving testamentary capacity, want of knowledge and approval, the execution of wills, undue influence, fraudulent calumny, the removal of executors and fiduciary duties.
Further, Christopher has also been instructed in cases concerning the interpretation of wills, the Inheritance Act, executor's duties, Beddoe orders, constructive and resulting trusts, the severance of beneficial joint tenancies, strict settlements, trusts for sale, the partition of co-owned land, breaches of fiduciary duty, proprietary estoppel, Pallant v Morgan constructive trusts, protective trusts, replacing trustees and challenges to declarations of trust.

What sort of work do I do?

Contentious probate/ inheritance disputes (for example, testamentary capacity, will disputes, removing executors, reasonable financial provision claims), trust disputes, land disputes (in particular cases about rights of way, boundary disputes, restrictive covenants, trusts of land and co-ownership and proprietary estoppel) and commercial landlord and tenant.

Who do I work for?

Solicitors and members of the public

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