Philip Brown
Overview
Philip has a commercial chancery practice which includes advocacy, drafting and advisory work in a wide range of both non-contentious and contentious business and property related matters.
He has wide experience in property law, wills, trusts and estates, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, together with associated areas of work.
Within the property field his practice includes restrictive covenants, rights of way and other easements, adverse possession, claims involving rectification of the Land Register, co-ownership and trusts, commercial tenancies including renewals, construction of covenants, dilapidations, forfeiture and relief.
Commercial and business dispute areas include sale of goods, building disputes, partnership and insolvency work.
As an advocate he appears regularly in the county court, the Queen's Bench and Chancery Divisions of the High Court, and before more specialised tribunals such as the Adjudicator to the Land Registry.
He accepts instructions through the Bar Council's Public Access Scheme in appropriate cases.
Representative Cases
- Mead v Babington Estate Agents [2007] EWCA Civ 518 CA - on the evidence the judge was entitled to find that the representations made by an estate agent based in the UK as to their relationship with a Spanish developer were sufficient to found a claim in fraudulent representation as the homebuyer had relied and acted upon that misrepresentation in purchasing their villa.
- Ilona Szekeres v Alan Smeath & Co [2005] EWHC 1733 - detailed assessment of solicitors bills despite defects contained within the claim form as the claim form as served had been sufficient to convey to the solicitor within the statutory period the message that the client wanted the bills to be assessed.
- Schulke Mayr UK Ltd v Alkapharm UK Ltd (1999) FSR 161 - remedy of passing off was not to be extended to a situation where the Defendant's alleged false statements or "puffing" of own product might have caused diversion from or confusion with the Claimant's similar product.
Professional Associations
Chancery Bar Association
Property Bar Association
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| Practice Areas |
- Property
- Business & Commercial
- Wills, Trusts & Estates
- Insolvency
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