(Lond. QMC) Middle Temple (1984)
An experienced and versatile advocate and advisor with principle areas of practice in business and commercial litigation, landlord and tenant, housing, mortgage, professional liability, rating, insolvency, employment, rating, consumer and consumer credit, fraud. Member of the Chancery Bar Association and SE Circuit. Registered with the Bar Pro Bono Unit.
Reported cases of note are:
- Kaur v Dhaliwal and others  CN 1109,  EWHC 1991 (Ch.) (Inheritance (Provision for Family and Dependants) Act 1975, s 1(1A) Couple living as man and wife: whether woman maintained by deceased “immediately” before his death)
- Darjan Estates Co. plc v Hurley  1 WLR 1782  EWHC 189 (Ch) (bankruptcy, validity of lease, undue influence by husband in execution of lease by wife)
- Beresford v Sovereign House Estates and anr.  ICR D9, UKEAT/405/11 (joinder of third party as respondent to a complaint in the Employment Tribunal)
- Eaton Square Properties Ltd v Shaw  EWHC 2115,  All ER (D) 09 (tenant seeking substantial economic loss from landlord following disrepair to dwelling)
- Rowallan Group Ltd v Edgehill Portfolio No. 1 Ltd  EWHC 32 (Ch) (unilateral mistake in major commercial property transaction). View decision
- Jones v Twinsectra Limited  EWCA Civ 668 (assessment of costs between solicitor and client under Solicitors Act 1974, County Court jurisdiction). View decision
- Wilson v First County Trust Ltd (No. 2)  EWCA Civ 633  QB 74 (incompatability of s127(3) Consumer Credit Act 1974 with Art 6(1) and Art 1 of the First Protocol of ECHR) View decision
- Wilson v First County Trust Ltd  QB 407 (consumer credit, unenforceable regulated credit agreements, security, Human Rights Act 1998: incompatability of statutory provisions) View decision
- Shanshal v Al-Kishtaini  EWCA Civ 264 (fraud, illegality, sanctions, estoppel, purpose trust) View decision
- Harvest Press Ltd v McCaffrey  IRLR 778 (automatically unfair dismissal under s100(1)(d) of the Employment Rights Act, circumstances amounting to “danger” within that provision).
- Grovit & others v Doctor & others  UKHL 13;  1 All ER 417;  1 WLR 640 (abuse of process, want of prosecution) View decision
Examples from recent caseload:
- Hunt and anr. v Shah and ors. (2014) (appeared for liquidator on successful application for repayment of loan to company in liquidation).
- The Queen on the Application of Doherty v Westminster Magistrates’ Court(2013) (appeal in judicial review of confiscation proceedings).
- Richard Edwards & Bryan Edwards v N. K. Evans (2013) (claim against solicitor arising from tax planning advice).
- Heard v Bromwich (2012) (successful resistance of application to enter restriction on freehold and leasehold titles: allegation of forged transfer).
- Gibbins v DMA Maintenance (2012) (claim by widow for sums due from husband’s former employer as in-service death benefit: TUPE).
- JPC LLP v Minchburn Ltd (2012) (claim for solicitors’ fees)
- Ohlello Properties Ltd v Magnus Properties (Hayes) Ltd (2012) (appeal against possession order: commercial premises)
- Meridian Business Support Ltd v Davies and other (2011) (claim in Manchester Mercantile Court for damages and ‘springboard’ injunction against former employees)
- Guerin v Fosters (2011) (claim against former solicitors arising from conveyancing of land).
- Dalone Properties Ltd v Harvey-Taylor (2011) (fulfilment of family trust by investment in property development).
- Burkitt-Coltman v Hooke and anr. (2010) (successful defence of former director in application under sections 212 and 238 Insolvency Act 1986)
- Secretary of State for Justice v Barwis and others (2010) (challenge by service tenants to Crown exemption from Rent Acts under Human Rights Act 1998, term certain in service tenancies: settled by Secretary of State).
- Filofax Limited v Prima BV and another (2007) (international trade, Commercial Agents Regulations).
- E.Surv Ltd v Sayeed Rahman & others (2006) (multi-million pound asset recovery claim, freezing and search orders in alleged multi-party mortgage fraud).
- Smith v David Barney & Co. (2006) (solicitor’s liability on professional undertaking in commercial property transaction).
Martin Young is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 20596); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/033) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 397 2328 21); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at email@example.com.