Call our experts 24/7 0800 755 5535
Go direct to save on solicitors’ fees
We’ll find the right barrister for you
1000+ barristers: all direct access specialists
Save up to 42% with fixed costs
Neil Fawcett

Neil Fawcett

  • Called to BAR: 2006
  • Company & Corporate
  • Contract Law
  • Property, Chancery & Trusts
  • Sale of Goods

Summary

Neil Fawcett practices primarily in the fields of Property, Banking and Financial Services and General Commercial Litigation. He is experienced in representing companies and individuals most often in the High Court and county courts, having appeared and advised in multi-day trials in the High Court and in complex multi-million pound property and commercial litigation and has wide experience of appellate advice and advocacy.

Specialist areas of law include

  • Company & Corporate
  • Contract Law
  • Property, Chancery & Trusts
  • Sale of Goods

Profile description

Business and Commercial Law

Neil Fawcett practices primarily in the fields of Property, Banking and Financial Services and General Commercial Litigation. He is experienced in representing companies and individuals most often in the High Court and county courts, having appeared and advised in multi-day trials in the High Court and in complex multi-million pound property and commercial litigation and has wide experience of appellate advice and advocacy.

Neil has an excellent grasp of the complexities of property and mortgage/guarantee law in particular, as well as substantial knowledge of civil procedure and is known for thorough preparation, hard work and robust advocacy in the cases he is involved with.

He has written for LexisNexis, publishes legal articles at commercial-bar.co.uk and gives seminars/lectures regularly.

Neil advises and represents clients on a wide range of commercial matters, including:

  • All types of commercial/business contracts, especially where contentious issues have arisen to do with construction of terms, formation, breach and termination, the adequacy of consideration, the law of compromise, penalty and exclusion clauses, misrepresentation, mistake, fraud, forgery, estoppel arguments, assignment and the imposition of trusts and fiduciary duties.
  • Contracts for the sale of goods between businesses or to consumers, ranging from software packages, materials, vehicles and theatre costumes to plant and heavy industrial machinery.
  • Contracts for services, including software-development, advertising, internet services and professional services.
  • Construction contracts.
  • Business-sale agreements.
  • General credit and security matters including commercial asset-finance agreements, consumer-credit agreements, hire-purchase agreements, conditional-sale and credit-sale agreements involving complicated litigation over the construction of such agreements and claims for delivery-up, following and tracing.
  • Bills of exchange and banking contracts, dealing especially with the relationship between banker and customer, the duties of bankers, bank-mandates and breach-of-mandate claims, overdrafts, interest and charges, the payment of cheques, direct-debits and principles governing countermand, joint accounts and the effect of partnerships and their dissolution on contracts of banking.
  • Enforcing or challenging contracts of suretyship (guarantee and indemnity clauses), dealing with defences thereto, discharge of sureties and construction of clauses as either guarantees, indemnities or letters of comfort.
  • Agency of all types, but particularly in relation to banking and financial services, the parties Debtor-creditor-supplier Consumer Credit Act agreements and professional agency.
  • Partnership litigation, including claims for an account and enquiry.
  • Freezing Injunctions in the Mercantile Court to secure compliance with contractual obligations.

Property Law

Neil acts for individuals, private companies and public bodies in relation to commercial property disputes, including multi-day High Court and County Court trials and experience of trials in the property tribunal. He handles litigation relating to securities over real property, in particular, the law relating to mortgages and charges over registered land especially in connection with banking and finance work.

Reported case

  • G & A Properties (UK) Ltd v Rolland [2015] EWHC 939 (Ch) (23 January 2015)

Practice areas

  • Mortgages and Charges over Land (including charging orders and tracing sale proceeds).
  • Possession claims.
  • Landlord and Tenant (including business tenancies).
  • Land Registration (including litigation relating to notices, restrictions and priorities).
  • Contracts for sale of land.
  • Adverse Possession.
  • Easements and Restrictive Covenants.
  • Trusts of Land (including claims for beneficial interests, actions by beneficiaries to remove/replace trustees).
  • Insolvency issues in the real property context.
  • Commercial developments and building disputes.
  • Agricultural holdings.
  • Leasehold enfranchisement.
  • Fraudulent property schemes and “sale-and-rent-back” litigation.
  • Advice in multi-million pound overage litigation for property developers.
  • Defending claims against pub landlords under leases with breweries.
  • Construction contracts (e.g. advice for developers of residential blocks in Birmingham City Centre regarding flood damage).

Testimonials

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Show moreless+
Contact Neil today
  • Go direct to save on solicitors’ fees
    Go direct to save on solicitors’ fees
  • We’ll find the right barrister for you
    We’ll find the right barrister for you
  • 1000+ barristers: all direct access specialists
    1000+ barristers: all direct access specialists
  • Save up to 42% with fixed costs
    Save up to 42% with fixed costs
    • Neil Fawcett
    Call us 0800 755 5535 Enquire now

    Know what you're doing?

    All Public Access Barristers offered through this portal are registered and regulated by the Bar Standards Board of England & Wales. All Barristers are also authorised and trained to deal direct with the public.

    Neil Fawcett
    Contact Neil today
    Call us 0800 755 5535

    Know what you're doing?

    Why Clerksroom Direct?
    SELECT	(`barrister`.`id`) AS `id`,
	(`barrister`.`chambers_id`) AS `chambers_id`,
	(`barrister`.`online_id`) AS `online_id`,
	(`barrister`.`c365_id`) AS `c365_id`,
	(`barrister`.`first_name`) AS `first_name`,
	(`barrister`.`last_name`) AS `last_name`,
	(`barrister`.`summary`) AS `summary`,
	(`barrister`.`content`) AS `content`,
	(`barrister`.`email`) AS `email`,
	(`barrister`.`telephone`) AS `telephone`,
	(`barrister`.`admitted`) AS `admitted`,
	(`barrister`.`called_to_bar`) AS `called_to_bar`,
	(`barrister`.`took_silk`) AS `took_silk`,
	(`barrister`.`cc_name`) AS `cc_name`,
	(`barrister`.`cc_email`) AS `cc_email`,
	(`barrister`.`image`) AS `image`,
	(`barrister`.`vat_registered`) AS `vat_registered`,
	(`barrister`.`vat_number`) AS `vat_number`,
	(`barrister`.`handles_complaints`) AS `handles_complaints`,
	(`barrister`.`conducts_litigation`) AS `conducts_litigation`,
	(`barrister`.`xero_id`) AS `xero_id`,
	(`barrister`.`confirm`) AS `confirm`,
	(`barrister`.`indexable`) AS `indexable`,
	(`barrister`.`publish`) AS `publish`,
	(`barrister`.`discard`) AS `discard`,
	(`barrister`.`created`) AS `created`,
	(`barrister`.`updated`) AS `updated`
FROM `barrister`
WHERE `barrister`.`id` = '1583'
AND `barrister`.`discard` IS FALSE
AND `barrister`.`publish` IS TRUE
    Command completed in 0.0003199577331543 seconds - 1 row(s) affected.
    SELECT	(`chambers`.`id`) AS `id`,
	(`chambers`.`name`) AS `name`,
	(`chambers`.`email`) AS `email`,
	(`chambers`.`line_1`) AS `line_1`,
	(`chambers`.`line_2`) AS `line_2`,
	(`chambers`.`line_3`) AS `line_3`,
	(`chambers`.`city`) AS `city`,
	(`chambers`.`postcode`) AS `postcode`,
	(`chambers`.`telephone`) AS `telephone`,
	(`chambers`.`fax`) AS `fax`,
	(`chambers`.`dx`) AS `dx`,
	(`chambers`.`discard`) AS `discard`,
	(`chambers`.`created`) AS `created`,
	(`chambers`.`updated`) AS `updated`
FROM `chambers`
WHERE `chambers`.`discard` IS FALSE
AND `chambers`.`id` IN (3)
ORDER BY `chambers`.`name` ASC, `chambers`.`id` ASC
    Command completed in 0.00016593933105469 seconds - 1 row(s) affected.
    SELECT	(`barrister_region`.`barrister_id`) AS `barrister_id`,
	(`barrister_region`.`region_id`) AS `region_id`
FROM `barrister_region`
WHERE `barrister_region`.`barrister_id` IN (1583)
    Command completed in 0.0001828670501709 seconds - 3 row(s) affected.
    SELECT	(`region`.`id`) AS `id`,
	(`region`.`ordinal`) AS `ordinal`,
	(`region`.`name`) AS `name`,
	(`region`.`discard`) AS `discard`,
	(`region`.`updated`) AS `updated`
FROM `region`
WHERE `region`.`discard` IS FALSE
AND `region`.`id` IN (3, 4, 5)
ORDER BY `region`.`ordinal` ASC, `region`.`name` ASC, `region`.`id` ASC
    Command completed in 0.00012493133544922 seconds - 3 row(s) affected.
    SELECT	(`area_of_law`.`id`) AS `id`,
	(`area_of_law`.`parent`) AS `parent`,
	(`barrister_area_of_law`.`ordinal`) AS `ordinal`,
	(`area_of_law`.`online_id`) AS `online_id`,
	(`area_of_law`.`c365_id`) AS `c365_id`,
	(`area_of_law`.`name`) AS `name`,
	(`area_of_law`.`color`) AS `color`,
	(`area_of_law`.`admin_colour`) AS `admin_colour`,
	(`area_of_law`.`publish`) AS `publish`,
	(`area_of_law`.`discard`) AS `discard`,
	(`area_of_law`.`updated`) AS `updated`
FROM `area_of_law`
INNER JOIN `barrister_area_of_law` ON `barrister_area_of_law`.`area_of_law_id` = `area_of_law`.`id` AND `barrister_area_of_law`.`barrister_id` = 1583
WHERE `area_of_law`.`discard` IS FALSE
AND `area_of_law`.`publish` IS TRUE
AND `area_of_law`.`id` IN (
	SELECT	`area_of_law_id`
	FROM `barrister_area_of_law`
	WHERE `barrister_area_of_law`.`barrister_id` = 1583)
ORDER BY `barrister_area_of_law`.`ordinal`, `area_of_law`.`ordinal` ASC, `area_of_law`.`id` ASC
    Command completed in 0.00038290023803711 seconds - 4 row(s) affected.
    SELECT	(`testimonial`.`id`) AS `id`,
	(`testimonial`.`barrister_id`) AS `barrister_id`,
	(`testimonial`.`name`) AS `name`,
	(`testimonial`.`title`) AS `title`,
	(`testimonial`.`rating`) AS `rating`,
	(`testimonial`.`content`) AS `content`,
	(`testimonial`.`publish`) AS `publish`,
	(`testimonial`.`discard`) AS `discard`,
	(`testimonial`.`updated`) AS `updated`
FROM `testimonial`
WHERE `testimonial`.`discard` IS FALSE
AND `testimonial`.`publish` IS TRUE
AND (`barrister_id` = 1583 OR `barrister_id` IS NULL)
ORDER BY `testimonial`.`barrister_id` DESC, RAND()
LIMIT 10
    Command completed in 0.00053286552429199 seconds - 3 row(s) affected.
    SELECT	(`page`.`id`) AS `id`,
	(`page`.`site_id`) AS `site_id`,
	(`page`.`parent`) AS `parent`,
	(`page`.`ordinal`) AS `ordinal`,
	(`page`.`name`) AS `name`,
	(`page`.`title`) AS `title`,
	(`page`.`content`) AS `content`,
	(`page`.`hero`) AS `hero`,
	(`page`.`banner_id`) AS `banner_id`,
	(`page`.`meta_title`) AS `meta_title`,
	(`page`.`meta_description`) AS `meta_description`,
	(`page`.`static`) AS `static`,
	(`page`.`publish`) AS `publish`,
	(`page`.`discard`) AS `discard`,
	(`page`.`updated`) AS `updated`
FROM `page`
WHERE `page`.`discard` IS FALSE
AND `page`.`publish` IS TRUE
AND `page`.`site_id` = 1
ORDER BY `page`.`parent` ASC, `page`.`ordinal` ASC, `page`.`name` ASC, `page`.`id` ASC
    Command completed in 0.00023198127746582 seconds - 42 row(s) affected.