Profile description
Probate
Oliver has a successful practice acting for clients in a wide range of Probate disputes. Oliver has a primary focus on the 1975 Inheritance (Provision for Family and Dependents) Act but has also acted on several applications to remove Executors under section 50 AJA 1985. Oliver also regularly receives instructions on CPR Part 64 (Non-Contentious) Trusts claims.
Recent representative examples include:
- Wilson v Lassman (No 2) EWCH Ch 85 (Master Bowles) (Adult Child/Section 4 application)
- Abbasi v Abassi [2017] EWCH Ch (s50 Application to remove an Executor)
- Ball v Jackson [2016] EWCH Ch (Pelling J) (Detailed assessment of Executor-Solicitor’s costs)
- Green v Green [2017] EWCH Ch (Application under section 50 to remove Executor)
- P v S (Ongoing) (Chancery Division) (Application under s116 to pass over/Beddoes Relief/third party breach of trust claim arising out of an alleged abuse of Lasting Power of Attorney)
- Salmon v Green [2017] (Non-family Dependent (Carer) 1975 Act Claim)
- Hulme v Estate of Anthony Ball [2016] EWCH (Fam) (Defending beneficiaries against a Co-habitant 1975 Act Claim against a £1.3mil Estate)
- F v A (Ongoing) (High Court, Chancery Division) (Co-habitant 1975 Act Claim against a £2,000,000 Estate)
- V v A (Ongoing) (High Court, Chancery Division) (Spousal 1975 Act Claim against a £1,500,000 Estate)
- Smith v A (Ongoing) (Chancery Division) (Adult Child 1975 Act Claim involving section 4 and 9 application)
- W v Y (Ongoing) (High Court, Family Division) (Adult Child 1975 Act Claim, 4 day trial before MacDonald J)
- A v B (Ongoing) (Central London CC) (Adult Child 1975 Act Claim, 5 day trial before HHJ Madge)
- C v C (Ongoing) (Central London CC) (Defending Minor Child 1975 Act Claim against £500,000 Estate)
- Re M (Ongoing) (Central London CC) (Adult Child 1975 Act Claim, section 4 application)
- Re G (Ongoing) (Central London CC) (Co-habitant 1975 Act Claim against £700,000 Estate)
- RE H (Ongoing) (Manchester CC) (Defending Co-habitant 1975 Act Claim against £1,200,000 Estate)
- RE A (Ongoing) (Winchester CC) (Adult Child 1975 Act Claim against a small Estate (£400,000)
- Re PNG Trust (Ongoing) (High Court, Chancery Division) (Part 64 Claim/Construction Claim)
- Re X Estate (Ongoing) (High Court, Chancery Division)(Part 64 Claim/Account and Inquiry)
- Kaur v Dhaliwal [2014] EWCA 1991 Ch; [2014] All ER (D) 164 (Jun) (Co-habitant 1975 Act Appeal concerning the interpretation of “2 years” (as Martin Young’s Pupil assisting post-appeal).
Oliver also has a keen interest in costs-only Probate work. In particular he has acted in relation to the detailed assessment of Executor-Solicitor costs in the Senior Courts Costs Office and enjoys advising about the reasonableness and proportionality of the costs of Estate Administration. In particular, Oliver has an interest in the assessment of Third Party costs by way of account and inquiry (using the procedure in Tim Morris Interiors v Akin Gump) and in the application of the "one fifth" rule to SCCO proceedings.
Commercial
Oliver’s primary commercial interest is in Financial Services and Banking. Prior to coming to the bar Oliver worked as a Risk Analyst with a particular focus on AIM and Secondary Markets.
Oliver is currently instructed on two Commercial Court matters in his own right:
- A £1,000,000 commercial fraud claim against a former de facto Director relating to the illicit diversion of business away from the Company to a Competitor
- A £1,200,000 Claim (brought under FSMA 2000) in relation to a dispute over unsecured bond agreements (more particularly a civil action for breach of the COBS rules)
Oliver is also currently acting on a number of matters in the Chancery Division, including:
- Defending a £1,000,000 Claim relating to a secured finance agreement on the basis of Illegality and FSMA 2000
- A Claim against a private share market for damages exceeding £1,000,000 relating to a refusal to list shares.
Oliver occasionally appears in the Queen’s Bench Division, most recently in relation to a claim involving breach of confidence/privacy/libel (in a Commercial context). Oliver has also appeared in the Technology and Construction Court in disputes where there is a “Chancery” element to the Case.
The following cases are examples of Oliver’s recent/on-going Commercial work:
- ROVOP v Install Sarl [2017] (Mercantile Court) (Moulder J) (Proceedings relating to the interpretation of a settlement agreement in a £700,000 claim over international supply agreements)
- Greenland Mining Management and ors v Persons Unknown [2017] EWHC (QB) 18 (King J) (Injunction in the context of Financial Services)
- X Market Technologies v Davies [2016] (Chancery Division) (Abuse of process/dispute as to enforceability of contractual/liquidated damages clause)
- Oliver is being lead by David Berkley QC on a Solicitor/partnership dispute
- Assisting as one of many juniors in a large international litigation regarding the Oil and Gas sector.
Insolvency
Oliver is instructed in the upcoming trial of two Companies Court actions relating to preferences, director misfeasance and alleged fraud. More generally:
- Oliver regularly attends Winding-Up Court (including the trial of disputed debt petitions) and attends the Interim Applications Court to obtain Injunctions restraining presentation of a Petition
- Public examinations
- Bankruptcy Petitions (including the trial of whether offers have been unreasonably refused, and petitions with an international element)
- Insolvency claims in the context of Probate
Oliver has a keen interest in costs-only Insolvency work. Recently Oliver has advised in relation to an application to set aside default costs certificates issued in Insolvency Proceedings and has advised on the subsequent detailed assessment proceedings (inter-parties and Trustee costs) before the SCCO. Oliver is happy to advise on the drafting and preparation of costs proceedings (Points of Objection/Precedent A/R etc).