Stephen Pritchett

Profile:

Stephen’s practice has a broad base in traditional chancery and commercial law with a particular emphasis on:-

Real property and conveyancing disputes including title, restrictive covenants, boundaries and easements, adverse possession, estoppel and constructive trusts

Contract and Commercial disputes and general business related litigation including guarantees and mortgages (recoveries, enforcement and O Brien cases)

Landlord and Tenant including both residential (to a lesser extent) and commercial property and especially lease renewals under the 1954 Act

Probate and the Administration of Estates especially contentious probate work, removal of executors and probate actions

Wills and Intestate Succession

Professional Negligence - arising out of any of the areas specified

The Inheritance (Provision for Family and Dependants) Act 1975

Some of Stephen's recent clients include:

Superdrug, Matalan, Orange, Modus, Bellway, Wainhomes, P J Livesey Group, Dylan Harvey Group and Dandara

Significant Reported Cases:

Belfields Limited v Sefton MBC [2008] EWHC 1975 (CH)
Whether a local authority exercising its statutory powers to compulsorily purchase a large site in Sefton, Merseyside for housing redevelopment purposes can be estopped from executing and implementing a General Vesting Declaration by means of a proprietary estoppel arising out of a non contractual assurance given by an officer of the Council to the landowner and whether the Council’s decision to execute the GVD was capable of challenge upon grounds of legitimate expectation as a matter of public law. HH Judge Pelling QC sitting as a Judge of the High Court and also as a Judge of the Administrative Court. Held : that the Council could not be so estopped as a matter of law but that the decision to execute the GVD should be quashed. Appeals pending by both parties.

Asda Stores Ltd v Salya Investments Ltd [2007] All ER (D) 112 (Oct) MorganJ.                                                                      Whether an extension to the an original Asda Superstore building fell within the rent review provisions, or whether the application of those provisions was restricted to the erection of a freestanding building. Held : On the true construction of the lease, any building by way of extension was to be taken into account for the purposes of the rent review provisions. There was no good reason to distinguish commercially between a freestanding building and an extension to the original building.

Dandara Holdings Limited v (1) Co-operative Retail Services Limited (2) Co-operative Group (CWS) Limited [2004] EWHC Ch 1476 (Lloyd J, the V-C of the County Palatine) - Breach of an exclusivity agreement relating to the former CRS/CWS headquarters building in Rochdale

Shreeve v Taylor and Taylor [2003] EWCA Civ 1197 (mortgagee sale at an undervalue and impact of bankruptcy of mortgagor upon claim)

Thompson v Bryant Homes [2002] EWCA Civ 1079 ; Bryant Homes v Thompson [2002] EWCA Civ 1080 – (cautions under registered land. Meaning of “with the consent of the Registrar”)

Balfron Trustees Limited v (1) Petersen (2) Orbekker (3) Baxendale Walker (4) Steidl (5) Crisum Group Limited (6) Iversen (7) Grunberg Mocatta (A Firm) (8) Stanton Reid (9) Russell Jones & Walker (a firm) – (claims in constructive trusteeship, knowing receipt etc in the context of a pension scheme) [2002]

Grundy v Naqvi [2001] EWCA Civ 139 – application of CPR and strike out provisions

Jolley v Carmel Ltd [2000] 2 EGLR 153 [2000] 43 EG 185 (concept of reasonable time in implied term as to obtaining planning permission) (Kim Lewison QC and CA)

Clarence Café v Comchester Properties [1999] L & TR 303 (HH Judge Cooke QC) Landlords right of peaceable re entry in the context of s11 Insolvency Act 1986

Price v Hartley [1995] EGCS 74 (CA) (adverse possession and non-payment of rent)

Espinosa v Bourke (Johnson J and CA) – Inheritance (Provision for Family and Dependants) Act 1975 claim by an adult daughter for reasonable financial provision.

Stephen appeared in what is believed to be the first ever arbitration held under the Coal Mining (Subsidence) Act 1991 and the Coal Mining Subsidence (Arbitration Schemes) Regulations 1994 in respect of alleged subsidence damage attributable to opencast mining

Memberships:
Northern Chancery Bar Association
Chancery Bar Association
Northern and North Eastern Circuit

Career & Education:

 

University:
Degree:
Called:

 

Joined Chambers:

Other Career Details:


 

 

Liverpool

LLB (Hons)

1989 (Lincoln's Inn)
Hardwicke Scholar

1997

From 1990 to 1995 Stephen was a part-time tutor and lecturer at the University of

Liverpool whilst maintaining his practice

 

Stephen Pritchett

Year of Call: 1989    

Specialises In:
Chancery & Commercial

Clerked by:
 Gary Young

 

 

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