Rory Brown

Overview

Rory has a general commercial-chancery practice focussing on litigation and contentious matters in the following areas: insolvency (corporate and personal), contract, trusts and equity, property. He regularly appears in the High Court and County Courts and has appeared in the Court of Appeal. He also undertakes advisory and drafting work in most of Chambers' practice areas and has a growing public law practice.Rory is fluent in German and Italian, and can take instructions in cases featuring either or both languages.

During his doctorate, he lectured, tutored and wrote on law and advocacy (see select publications). In 2007, he was the founding Editor-in-Chief of the European Journal of Legal Studies (www.ejls.eu). His first book, the royalties for which go to charity, was published by Hart in 2011 entitledFighting Monsters: British-American War-making and Law-Making. (For a synopsis and reviews, see www.hartpub.co.uk/books/details.asp?isbn=9781849460934). Rory regularly lectures on the law and is available for speaking appointments through his Senior Clerk.

Examples of work (as sole counsel except where otherwise indicated)

Insolvency
  • Represented a solicitor's firm in the High Court at the trial of the following issues a) whether a defective statutory demand for unpaid solicitor's fees, being based on an unliquidated sum, could be cured by a later admission prior to the bankruptcy petition by the debtor that said sum was due and owing, b) whether a debtor having admitted the debt was estopped from arguing that the demand was defective as against the petitioner who had relied to its detriment on his admission
  • Defended an Italian UK resident in the High Court against a petition brought by his wife based on an order for instalment payments in Italian family proceedings.
  • Represents multiple corporate clients on urgent applications to restrain presentation or advertisement of petitions and for validation orders
Contractual/Tortious/Commercial disputes
  • Represented a shipper at a trial in the Mercantile Court on the scope of the duty of care of a shipping agent in relation to the shipper's freight
  • Appeared in the Court of Appeal on the question of whether, notwithstanding the statutory invalidity of a wagering contract, a person entrusting money to an agent to bet on the horses might recover that money in a restitutionary action when the agent misappropriates the money for his own purposes
  • Represented in a trial in the County Court a garage owner accused of diluting his diesel in an action for damages to a van by a double-glazing company
  • Defended a corner shop owner at trial in the County Court on the basis that a hire-purchase contract for an Automated Teller Machine had been frustrated by the intervening incompetence of a bank
  • Appeared for a holiday operator in the trial of a) its claim against another travel agent for breach of contract and b) the travel agent's counterclaim in breach of contractual/tortious duty for providing a San Tropez apartment during a heatwave without adequately functioning air-conditioning
  • Prosecuted a hire-purchase company's claim for contractual damages against a hirer who had failed properly to take care of and/or to return the equipment hired
  • Appeared for the claimant in the trial of a contractual and restitutionary action against a London accounting school based on its failure to refund course fees on the refusal of a prospective student's application for entry permission to the United Kingdom
  • Represented a builder at trial in his contractual action against a home owner who asserted she had accepted a repudiatory breach of contract upon the builder abandoning site
  • Appeared for an asset-financier at the trial of its contractual action against an ice cream vendor for breach of a hire agreement
Property/Landlord & Tenant
  • Acted for the tenant at trial in the Chancery Division on the issue of whether the court had jurisdiction in light of an arbitration clause in a commercial lease
  • Before Norris J, represented a publican against whom an application for committal for contempt of court had been brought for buying out of his lease in breach of an earlier order
  • Represented a pub company at the trial of its action for possession and damages against a defaulting commercial tenant under several leases of public houses
  • Prosecuted a tenant's claim in a County Court trial to determine whether a gutter exclusively served a property, rendering the tenant liable to pay service charges
  • Acted for the Landlord Respondent in a tenant's appeal to a Circuit Judge against the dismissal of her application to suspend a warrant of possession
  • Represented two brothers in a county court trial of the issue of beneficial ownership of a residential property and whether an order for sale ought to be made in favour of a claimant beneficiary of a final charging order
Public Law
  • Acted for the appellant in an appeal as to whether the Gender Recognition Panel had misdirected itself in law, failed to consider relevant considerations or breached articles 1, 6, 8 and 14 of the European Convention on Human Rights, read together, by denying a post-operative transsexual certification of her acquired gender.
  • Represented a student who had been expelled by a University in her case that the expulsion decision was reached after having taken into account irrelevant considerations.
  • During pupillage, assisted Treasury Counsel with the government's appeal against a determination of the Asylum and Immigration Tribunal where it was argued that the Tribunal had it approached the issue in a manner more suitable for removal than for deportation arising in the context of a criminal offence.
Private client
  • Represented a daughter of a testator disenfranchised by his second will in her action to set aside the second will on the bases of knowledge of want and approval and/or undue influence
  • Acted for beneficiaries in respect of their allegation against a firm of solicitors that it had intermeddled in their Father's will.
Education
  • 2009 - PhD (European University Institute) - Philosophy of Law and War
  • 2006 - MRes (European University Institute, Italy) - European, Comparative and International Law
  • 2004 - Mae (Cantab.) (Double First Class Hons.) - Law (including year at Regensburg University, Germany)
Prizes
  • 2007 - Visiting Scholarship (Columbia Law School, NYC)
  • 2006 - Fully funded PhD Award, European University Institute
  • 2004 - Foundational Scholar of Jesus College, Cambridge
  • 2004 - Russell Vick Prize
  • 2003 - Major Inner Temple Award
  • 2002 - Erasmus Scholarship
Memberships
  • Inner Temple
  • Bar Pro Bono Panel
  • Chancery Bar Association
  • Hawks Club
Rory Brown
Practice Areas
  • Chancery
  • Commercial
  • Contractual disputes
  • Tort
  • Real property
  • Landlord and tenant
  • Wills, trusts and contentious probate
  • Personal and corporate insolvency
  • Equitable remedies
Call: 2009
MAe, MRes, PhD


Rory Brown is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 56112); 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 2930/060) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 998 9348 23); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

ranked in chambers and partners


Barristers' Chambers, 9 Stone Buildings, Lincoln's Inn, London, WC2A 3NN

Telephone: +44 (0)20 7404 5055    Facsimile: +44 (0)20 7405 1551

DX: 314 London / Chancery Lane    E-mail: clerks@9stonebuildings.com

www.9stonebuildings.com
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