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Rawdon Crozier

Rawdon Crozier

  • Called to BAR: 1984
  • Building Disputes
  • Insolvency & Bankruptcy
  • Intellectual Property
  • Land
  • Landlord & Tenant (Property)
  • Partnership Disputes
  • Professional Negligence
  • Property, Chancery & Trusts
  • Wills & Probate

Summary

Rawdon Crozier's practice has a strong emphasis on property, professional negligence and contract law. He has a particular affinity for cases involving unusual or esoteric points of law and has been involved in some of the leading cases on residential service charges, particularly in relation to holiday homes. He has a facility for document trails. Rawdon Crozier qualified as a mediator in April 2012 and his practice includes mediation advocacy. He is a regular contributor to the Landlord & Tenant Review and has written for a number of other legal journals. While his practice, with the erosion of Legal Aid, predominantly consists of privately paid work, Rawdon retains a principled commitment to publicly-funded work when it is available.

Specialist areas of law include

  • Building Disputes
  • Insolvency & Bankruptcy
  • Intellectual Property
  • Land
  • Landlord & Tenant (Property)
  • Partnership Disputes
  • Professional Negligence
  • Property, Chancery & Trusts
  • Wills & Probate

Profile description

Commercial & Insolvency

Rawdon's experience encompasses a wide range of contractual disputes, which extend from straightforward cases such as debt actions and claims relating to the supply of goods or services to complex commercial litigation, examples of which have been a quantum meruit claim for electrical mechanical design work against a major car dealership and a substantial claim by a taxi firm arising out of the supply of defective telecommunications equipment. In the wake of a previous recession, Rawdon was involved in multiple claims by an insurance company seeking to recover advances of commission from tied agents. Rawdon has been involved in a number of bankruptcy matters.

Specific Areas of Expertise

 Sale of Goods and supply of services

 Commercial contracts

Property Law

Rawdon acts in a wide variety of property-related cases and represents clients in the Courts, Lands Tribunal, in Land Registry adjudications and also on mediations. His familiarity with other specialist areas of law, such as professional negligence and trusts of land and experience of ancillary relief, are of particular use in a field in which overlaps with those disciplines are common. Specific areas of expertise  Sale of land  Boundaries, easements and rights of way  Claims for Possession  Restrictive Covenants  Adverse Possession  Torts affecting land  Proprietary estoppel Rawdon appears for and advises both landlords and tenants in cases involving residential, business and agricultural/farm business tenancies and has been involved in some of the leading cases on leasehold holiday homes and service charges.

Specific areas of expertise

 Leasehold holiday homes

 Service Charges

 Construction of Leases

 Leasehold enfranchisement and/lease extensions

 Claims for breach of covenant and derogation from grant

 Claims for Possession

 Catering concessions - Lease/Licence

 Estoppels giving rise to security of tenure

Probate & Inheritance Wills, Probate & Financial Provision on Death

• Contested wills

• Inheritance (Provision for Dependants) Act 1975 Act claims Recent cases of Rawdon's have included: - An Inheritance Act claim in which there was a trial of an issue as to whether a portrait painted by a noted Georgian painter and originally gifted out of the Royal Collection by George IV and sold forhalf a million pounds at auction was a gift or formed part of an estate. The case also involved issues about disclosure, fabricated documents and mental capacity. - An probate case in which the Administrator of an estate faced the difficulty that the primary beneficiary under an intestacy who would neither accept nor disclaim his entitlement nor even communicate with the Administrator's solicitors. The case required the Chancery Master to consider disclaimer by conduct and to decide between two conflicting lines of authority stemming from Re Birchall, Birchall v. Ashton (1889) L.R. 40 Ch. D. 436 (CA) and In re Cranstoun Decd. [1949] Ch 523 about whether disclaimer required a change of position before becoming irrevocable. The Master decided that a change of position was not required, following the Re Birchall line of authority, which had not been cited in Re Cranstoun or later cases to similar effect; this enabled the estate to be distributed between the remaining beneficiaries on the basis that the uncooperative beneficiary had disclaimed.

Professional Liability

Rawdon has long of experience of professional negligence work, going back to pupillage in Carpmael Building (now 3 Serjeants' Inn). While there, he appeared in procedural stages of the whooping cough vaccine litigation and was involved as a pupil in the preparation of the respondent's case for the hearing in the House of Lords of Sidaway v. Governors of the Bethlehem Royal Hospital and the Maudsley Hospital [1984] 2 WLR 778. Although he has continued to do clinical negligence work, the majority of his professional negligence practice since joining these Chambers in 1986 has involved claims against solicitors and surveyors. His experience of Mundic block litigation dates back to that time and the case of Marder v. Sautelle-Smith (1986) QB unrep, which established the date of knowledge of the Mundic problem within the surveyors' profession. Rawdon’s cases have included claims arising out of failed Spanish holiday home purchases, a double solicitor's negligence in a potentially significant personal injury claim and a claim against a local authority for failing to protect children.

TOLATA

Rawdon’s practice in relation to property encompasses cases involving trusts of land, including disputes between former cohabitees about beneficial ownership under the Trusts of Land and Appointment of Trustees Act 1996. Rawdon has been involved in ToLATA cases in both the Family and Chancery jurisdictions.

Planning & Local Goverment

Rawdon has advised on and/or appeared in a variety of cases involving planning and local government, including cases on the licensing and regulation of private hire vehicles and commercial rating. Rawdon has appeared in and/or advised on planning matters periodically. This has included representing objectors in an appeal before an inspector which related to an application to build an indoor riding school within the Dartmoor National Park.

 

 

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