COVID-19

As a result of the Covid-19 pandemic Chambers’ building is closed and clerks and barristers are working remotely.

We are committed to ensuring that work is completed as efficiently as possible in these difficult times and ask our clients to contact us electronically in the first instance by emailing gsc@goughsq.co.uk or the relevant barrister directly.

For more information and telephone contact details click below.

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Sebastian has over 25 years’ experience and his practice covers a variety of business and property work. Sebastian’s particular interests lie in insolvency and financial services.

Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva Administration Limited [2020] EWHC 16 (Comm) – Acting for Aviva, the pension provider, in a claim by a financial adviser in respect of commissions which were clawed back after CBRE changed its pension platform. The claim was dismissed after trial before HHJ Halliwell in Circuit Commercial Court in Manchester.

Aura Finance v Balsam & Balsam BL-2018-001770 – case concerning bridging loan which had built up to just over £3M. Trial before Lance Ashworth QC with Nigel Tozzi QC opposing. There was a factual issue over whether the lender knew that the loans were secured on the defendants’ home or whether it was purely a business loan. Arguments concerned the extent of enforceability and the workings of the Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 in such circumstances. Case settled after 3 days of trial.

Lord Chancellor (As Successor to the Legal Services Commission) v Farooqi & Farooqi [2018] EWHC 3638 (Ch) – Acting for the wife of a convicted terrorist on a public access basis. The Lord Chancellor sought to recover a costs order made against the husband by obtaining a final charging order against two properties in the wife’s sole name. The Lord Chancellor argued that husband retained a beneficial interest in the properties. The Lord Chancellor’s claim was dismissed following trial before HHJ Hodge QC.

Commissioner of Taxation v A (2017) SC/CIV/18/16 Supreme Court, Falkland Islands – Responding to appeal before the Chief Justice of the Falkland Islands. A resident who had to take her disabled son to the UK to continue with his education was assessed by the Commissioner of Taxation as being not-ordinarily resident in the Falkland Islands with the result that she had to pay more tax. The Chief Justice upheld the decision of the Taxation Appeal Tribunal, upon further appeal by the Commissioner, that the resident remained ordinarily resident in the Falkland Islands in the relevant tax year.

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 – Acting for the claimants who alleged fraud induced them to invest in unbuilt holiday homes on Cayman Brac; alleged land banking; trial before HHJ Bird in the High Court with Jonathan Kirk QC and Jonathon Goulding for the defendant; 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.

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.

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.

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.

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

Sebastian regularly provides seminars to clients.

Chancery Bar Association

Northern Circuit Chancery Bar Association

Northern Circuit Commercial Bar Association

 

“He is a good advocate and very personable.” Chambers and Partners, 2020

“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

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