christopher buckingham - enterprise chambers...after having read ppe at lincoln college, oxford,...
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Year of Call: 2009E: [email protected]: 0113 246 0391Clerk: Joanne CauntClerk: Ellen McInall
PRACTICE AREASProperty
Home Our People Christopher Buckingham
ChristopherBuckingham
Insolvency & RestructuringCommercialWills, Trusts and ProbateCompany Directors Disqualification
Property
Christopher’s practice covers a wide spectrum of property law, includingconveyancing, mortgages, easements, boundary disputes, restrictive covenants,proprietary estoppel and all aspects of commercial and residential landlord & tenant.Examples of recent work:
Advised on the construction of a user clause in a long lease, in the context of anumber of flats being used as holiday lets;
Represented a landowner in a High Court claim for an injunction and possessionorder against squatters of a large commercial site in Leeds: OneSubsea UKLimited v Persons Unknown;
Advised a property developer on the scope and enforceability of a restrictivecovenant and a potential application to the Upper Tribunal;
PROFILE
Christopher is a Chancery Commercial practitioner. His work covers a range ofpractice areas including insolvency, property and trusts. In recent years he hasbeen instructed to advise and appear in an array of complex and high valuecases (both led and as sole counsel) including claims brought by insolvencyoffice-holders, directors’ disqualification applications and proceedings under theInheritance (Provision for Family and Dependants) Act 1975.
After having read PPE at Lincoln College, Oxford, Christopher studied the GDLand then an LLM at Wolfson College, Cambridge. In 2014 he was seconded toBell Gully, a commercial law firm in New Zealand, as part of the PegasusScholarship. Scheme. In 2018 he was appointed to join the Regional B Panel ofJunior Counsel to the Crown. He is a committee member of the Chancery BarAssociation and the Northern Chancery Bar Association.
PRACTICE AREAS
Represented the sellers of a property in a claim in which the buyers allegedfraudulent misrepresentation (settled at mediation): Toon v Bowerman;
Represented the mortgagors challenging the enforceability short term, highvalue secured lending: UK Acorn Finance Limited v Proserpina Limited.
Insolvency & Restructuring
Christopher is regularly instructed on an array of applications arising out of corporateand personal insolvency. He work includes applications to set aside statutorydemands, bankruptcy and winding up petitions, applications brought by office-holders to set aside antecedent transactions and misfeasance claims. Examples ofrecent work:
Appeared for Administrators on an application concerning the status of fundscollected on behalf of an insolvent firm of solicitors;
Acted with Hugo Groves on a £multi-million fraud case brought by a Trustee inBankruptcy against directors and shareholders in a number of companies in theSkelwith Leisure Group;
Advised a director on a claim brought by Liquidators in respect of paymentsalleged to be unlawful dividends;
Advised a liquidator on the merits of a possible misfeasance and/or preferenceclaim;
Represented the alleged debtor on a contested bankruptcy petition, which wasdetermined, in his favour, after cross-examination: Re Ward.
Commercial
Christopher has been instructed on a wide range of commercial disputes, which areoften technical and high value in nature. Examples of recent work:
Instructed in a multi-million pound arbitration concerning an international sale ofgoods dispute.
Advised and settled grounds of appeal in respect of a Commercial Courtjudgment for €113 million under various loan agreements.
Advised a freight company on contractual and common law rights of terminationunder a membership agreement;
Instructed to advise a supplier of healthcare and medical products on anagreement with an introducer;
Instructed to represent the Defendant in a dispute concerning the supply of anincident management system at the UK’s Atomic Weapons Establishment;
Wills, Trusts and Probate
Traditional Chancery work is a significant part of Christopher’s practice. Hisexperience includes Inheritance Act claims, probate disputes, applications broughtunder TLATA, and claims involving constructive and resulting trusts. Examples ofrecent work:
An application for payment out of Court of trust funds to satisfy a costs ordermade in favour of the Applicants: Hofschröer v Hofschröer;
Defended an application brought by beneficiaries of a discretionary trust tocompel the trustees to provide certain information and make distributions: Norrisv Norris;
Advised on the construction of provisions in a will trust in the light of athreatened claim by a carer of the deceased;
Appeared in a dispute (until conclusion at mediation) concerning the validity of acivil partnership and the status of a will made shortly before the partnership;
Advised on the validity of a trust in the light of concerns as to whether there hadbeen compliance with appropriate formalities;
Advised an executor on an application to remove under s 50 of the AJA 1985.
Company Directors Disqualification
Since being appointed to the Attorney General’s Regional B Panel of Junior Counselto the Crown, Christopher has acted regularly in applications brought under theCompany Directors Disqualification Act 1986.
Lomax v Lomax [2019]EWCA Civ 1467
Seminal case on Early Neutral Evaluation, in which the Court of Appeal ruled thatparties can be compelled to take part in ENE even if they do not consent. Christopherappeared (unled) for the successful Appellant.
Secretary of State for Work and Pensions v GM [2018]UKUT 425 (AAC)
Appeal to the Upper Tribunal concerning Regulation B13 of the Housing BenefitRegulations 2006 commonly known as the “bedroom tax” or “spare room subsidy”;the FTT was overruled as to whether a particular room was a bedroom for thepurpose of the Regulations.
Liam Moloney v Lombard North Central PLC [2016]EWCA Civ 1347; LTL 9/1/17
Where an application to set aside judgment on mandatory grounds was determinedby a District Judge and the balance of the application (on discretionary grounds)adjourned to and determined by a s 9 Judge, permission could be sought andgranted by the Court of Appeal.
SIGNIFICANT CASES
CAREER AND ASSOCIATIONS
Regional B Panel of Junior Counsel to the Crown (Appointed 2018 for five years)
Advanced International Advocacy Course (Keble, 2015)
Pegasus Scholarship (New Zealand, 2014)
LLM (Commercial Law), Wolfson College, Cambridge
BVC, Nottingham Law School
GDL, Oxford Brookes (Distinction)
MA Philosophy Politics and Economics, Lincoln College, Oxford
Sunley Scholarship (Lincoln’s Inn)
Tancred Studentship (Lincoln’s Inn)
Lord Haldane Scholarship (Lincoln’s Inn)
Hardwicke Entrance Award (Lincoln’s Inn)
Law Department Prize for Outstanding Performance on the GDL
Chancery Bar Association (committee member)
Court of Protection Practitioners Association
Denning Society
Ecclesiastical Law Society
Lawyers' Christian Fellowship
Northern Chancery Bar Association (committee member)
Property Bar Association
PUBLICATIONS
Contributor to the Rural Law Notebook
Subrogation, the Straightjacket of Unjust Enrichment and Legal Taxonomy [2016]Conv. 219 (co-authored with Lucy Chambers)
LONDON
9 Old SquareLincoln’s InnLondonWC2A 3SR
T 020 7405 9471E [email protected]
BRISTOL
4-5 College GreenBristolBS1 5TF
T 0117 450 7920E [email protected]
Overview: Company Law, Insolvency and Receivership (2015) 6 UKSCY 355
Intangible Property and Proprietary Restitution in the High Court [2013] LMCLQ 296(co-authored with Lucy Chambers)
Trouble in Monte Carlo: Secret Commissions and Constructive Trusts (2013) 27 TLI102
Draycott v Hannells Letting Ltd: the emasculation of the tenancy deposit scheme?[2010] Conv. 261
LEEDS
43 Park SquareLeedsLS1 2NP
T 0113 246 0391E [email protected]
NEWCASTLE
65 QuaysideNewcastle upon TyneNE1 3DE
T 0191 222 3344E [email protected]
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