Stephen Pritchett

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Year of Call: 1989

Stephen is a senior junior called to the Bar in 1989. He was educated at Liverpool University where he was a part time lecturer and tutor. Stephen practises in all aspects of chancery and commercial litigation and dispute resolution (apart from insolvency and company matters). Stephen's practice has a particular emphasis on issues relating to real property and the equitable jurisdiction. Stephen is regularly instructed by solicitors and surveyors in relation to real property and landlord and tenant issues.

Some of Stephen's recent commercial clients include Matalan, Orange, Modus, Bellway, Wainhomes, P J Livesey Group, Dylan Harvey Group, Dandara, River Island, Superdrug, and Mackays

Recent cases in which Stephen has been involved include:

• Advising (with Lesley Anderson QC) upon jurisdiction issues in connection with commercial property development in Barbados and Montenegro

• Advising in connection with a commercial landlord and tenant rent review as to whether a headline rent fell to be determined by the independent expert

• Advising a discretionary beneficiary in the context of a multi-million pound Isle of Man settlement

• Acting on behalf of a charitable body in connection with a £2 million bequest involving questions as to the charitable status of the gift, certainty and conditions precedent and subsequent

• Advising upon the consequences of a disclaimer of a freehold interest by a liquidator following compulsory liquidation and the law relating to escheat and the consequences upon a legal charge holder

• Advising upon and making representations to an independent valuer under a clawback provision

• Advising upon a claim in damages against a firm of solicitors arising out of lease renewal proceedings

• Advising upon the enforceability of restrictive covenants in the context of a proposed residential development and in particular the acquisition of land for the purposes of affording access to the residential development

• Advising upon a pending application to H M Land Registry to register title by way of adverse possession of a flying freehold

Real Property

Stephen has a keen interest and is frequently instructed in lease renewals under the 1954 Act with a particular interest in retail premises for both Landlord and Tenant - recent cases involve acting on a repeat basis as counsel of choice for River Island, Superdrug, and Mackays.

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

Significant Cases:

Durham Estates Limited v The Council of the City of Sunderland (2010) - before the Vice Chancellor Mr Justice David Richards - construction of an overage/clawback provision

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) Morgan J. - 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")

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)

 

Dispute Resolution

Stephen's practise also includes frequent instructions in contractual and commercial disputes or other business related litigation.

Significant Cases:

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].

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

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

Trusts and Probate

Stephen undertakes a large amount of probate and administration of estates work especially contentious probate, removal of executors and probate actions, Wills and Intestate Succession and claims under the Inheritance (Provision for Family and Dependants) Act 1975

Significant Cases:

Higham and Chadwick v Wigan Leisure and Culture Trust and others 14 November 2011, Mann J

http://www.telegraph.co.uk/news/uknews/defence/8894620/Military-bands-to-return-after-bombers-2m-last-request.html
http://www.express.co.uk/posts/view/284163/Military-bands-to-play-on-thanks-to-war-hero-s-2m
http://www.dailymail.co.uk/news/article-2062559/Strike-band--War-hero-leaves-2m-military-bands-play-favourite-park.html
http://www.bbc.co.uk/news/uk-england-manchester-15777574

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

 

Career and Education:

University:                             University of Liverpool

Degree:                                 LLB (Hons)

Year of Call:                          1989 (Lincoln's Inn)

Circuits:                                Member of the Northern Circuit and the North Eastern
                                            Circuit

Membership:                         Northern Chancery Bar Association
                                            Chancery Bar Association

Other:

Stephen is married to Catrin. They have 2 children, Sam and Phoebe, twins born in 2005.

Direct Professional Access:    Yes

Direct Public Access:              No