Profile description
Barnaby often deals with cases involving mortgages, other loans, guarantees and indemnities, the Consumer Credit Act 1974 and Financial Conduct Authority issues.
Civil Fraud and Asset Recovery
Barnaby is regularly instructed in matters involving civil fraud, whether that be arising out of business disputes, in relation to insolvency proceedings or in the family context, with forged/sham documents or other dishonest dealings. He has experience of dealing with cases with cross-jurisdictional elements. He has successfully obtained and resisted freezing injunctions.
A significant portion of Barnaby’s practice is commercial work. This includes drafting of and interpretation of contracts/instruments, breach of contract and related claims in the business context, claims upon guarantees/indemnities and supply and sale of goods. Barnaby has a particular interest and expertise in the effect and enforceability of restrictive covenants and contractual issues arising in the civil context following termination of employment.
Barnaby is frequently instructed by directors, shareholders and partners both in relation to non-contentious and contentious work. He has experience of matters throughout the life of a company/partnership, including drafting/construction of incorporation documents, disputes at meetings, shareholder disputes, derivative claims, unfair prejudice petitions and accounts following dissolution of partnerships.
Barnaby has significant experience and expertise in insolvency proceedings. He regularly acts for debtors, creditors and office holders in both personal and corporate insolvency proceedings. Recent reported decisions indicate his growing reputation in this area.
Barnaby is regularly instructed in a wide range of landlord & tenant disputes, including possession claims, forfeiture claims, dilapidations claims, interpretation of leasehold and freehold covenants, service charge disputes, collective enfranchisement and lease extension actions and various tortious claims, such as trespass/nuisance and misrepresentation relating to the acquisition and/or enjoyment of leasehold property.
Barnaby has a strong professional negligence property with a particular emphasis on solicitors’ negligence and issues relating to the recovery and quantum of costs. He acts both for clients and professionals and is quick to assimilate information in specialist professional areas.
Barnaby is instructed in a large range of real property claims concerning boundary disputes, restrictive covenants, easements, profits à prendre, trusts, land registration, matters relating to the validity and priority security interests, rectification and adverse possession. He is also a contributor to the Encyclopaedia of Forms and Precedents (Sale of Land).