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Sebastian’s practice covers a variety of commercial and chancery work. This principally relates to company/partnership and real property issues but also includes probate and trust work. His company and partnership cases include dissolution and insolvency matters as well as fraud (diversion of profits, breach of covenants and fiduciary duties), minority shareholder’s rights and complex scenarios involving partnership shares and assets. Naturally, this work extends to seeking emergency relief when necessary.

 

His real property cases range from commercial landlord and tenant, mortgage, conveyancing and TOLATA issues to boundary disputes and easements; his professional negligence cases in this area often revolve around conveyancing issues where rectification may be sought.

 

Much of Sebastian’s case load falls under the umbrella of common law: nuisance, deceit and contract. This extends to issues concerning consumers in mortgages, guarantees, consumer credit and product liability. A major area of his practice involves insurance indemnity issues and he has particular interest in policy avoidance in consumer and commercial contexts including in motor insurance indemnity cases.

 

Sebastian is familiar with all aspects of local authority work including issues concerning the management and governance of their real estate and regulatory civil enforcement under the Enterprise Act. Regulatory work also covers professional discipline, in particular assisting solicitors with matters raised by the SRA. He also provides specialist non-contentious drafting and this has included drafting consumer supply contracts, contracts for NGOs, and articles for companies in British Territories Overseas.

Mortgage Debenture Ltd (in administration) v Chapman and others [2016] 1 W.L.R. 3048 (CA) – responding to an appeal before Lord Dyson MR and McCombe and David Richards LJJ on the scope of the moratorium provisions in paragraph 43(6) of Schedule B1 to the Insolvency Act 1986; appeal dismissed.

 

Halsall & Ors v Oasis Land Development Ltd & Ors [2015] A30 MA037 – Trial before HHJ Bird in the High Court; acting for claimants alleging fraud induced them to invest in unbuilt holiday homes on Cayman Brac; alleged land banking; settled on day 8 of the trial.

 

Morris v Blackpool Borough Council [2015] H.L.R. 2 (CA) – acting for Council on local government appeal concerning the Council’s rights to charge for discretionary services in respect of leases granted under the right to buy scheme.

 

Hamlington v Wrexham County Borough Council [2014] 0WX00880 – 5 day trial for the Council successfully defending claim for damage by lower riparian owner alleged to have been caused by drainage works by the Council into its higher section of the watercourse.

 

Blackpool Borough Council v Cargill [2014] L. & T.R. 2 – appeal before the Upper Tribunal, Lands Chamber as to service charges and construction of leases.

 

Williams & Williams v Madden & Ors (2012) Case ref: 2011/0988 – decision finding prescriptive easement to park before HM Adjudicator to HM Land Registry.

 

Lambert & Ors v Barratt Homes Ltd & Rochdale Metropolitan Borough Council [2010] B.L.R. 527 (CA) – appeal on behalf of the Council in a flooding case, setting aside judgment against it when there was a solvent tortfeasor  who directly caused the material problems.

 

Lambert v Barratt Homes Ltd & Rochdale MBC [2009] 2 E.G.L.R. 63 – nuisance/negligence flooding trial involving a housing development in Rochdale which caused flooding to properties on an adjacent street.

 

Bangla Television Ltd (In Liquidation) [2010] B.C.C. 143 – application for summary judgment on behalf of a liquidator in a wrongful trading case under section 214 of the Insolvency Act 1986.

 

Brooks v Young [2008] 3 E.G.L.R. 27 (CA) – appeal establishing rights of way to the rear of a residential property across a neighbour’s garden.

 

Valentine v Bangla TV Ltd [2007] 1 B.C.L.C. 609 – representing a liquidator at trial establishing that the sale of the business and assets of a company which shortly afterwards went into creditors’ voluntary winding up was at an undervalue.

 

Bradford & Bingley v Ross [2005] EWCA Civ 394 – appeal concerning the burden of proof in a mortgage shortfall case.

 

West Bromwich Building Society v Crammer [2003] B.P.I.R. 783 – appeal before Neuberger J concerning appropriation of payments against a mortgage debt in a bankruptcy setting.

 

North British Housing Association v Sheridan [1999] 2 EGLR 138 (CA) – Landlord and tenant; effect of statutory amendment on terms of tenancy..

 

In Re Westmaze Ltd [1999] B.C.C. 441 – Construction of debenture; characteristics of fixed and floating charges.

Sebastian regularly provides seminars to clients. So far this year he has given seminars on Motor Indemnity Insurance (policy avoidance) and the Inheritance (Provision for Family and Dependents) Act 1975.

 

Chancery Bar Association

Northern Circuit Chancery Bar Association

Northern Circuit Commercial Bar Association

 

“He was really very excellent. He has the ability to get to the point and has the courage to give clients advice they don’t want to hear when needed.” Chambers & Partners 2017

“An extremely responsive, highly reliable junior, with an impressive, refined manner in court.” Legal 500 2016

“Enters the rankings following exceptional feedback. He is skilled at both traditional and commercial chancery work and is strong on company and partnership matters as well as probate and trust cases. “A very intelligent lawyer able to understand the intricacies of cases. He is a strong character, good in mediation and strategically very capable.” Chambers & Partners 2016

“Advises with clarity and without wasting time” Legal 500 2016

“Appreciated for his plain-talking and straightforward manner.” “Prepared to go out of his comfort zone to get the right approach.” Legal 500 2014

“Advises on the basis of clear reasoning” Legal 500 2009

“Has gained a reputation for his commercial experience” Legal 500 2008

VAT number: 588860867