Mark Halliwell


Charities, Trusts & Probate

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Colin Griffin
Gary Young
Harry Young

Charities, Trusts & Probate

Charities:

In 1992, he was appointed as counsel to the Attorney-General in relation to charity law and, for many years, represented and advised the Attorney General on that basis. Regularly represents and advises local authorities on charity issues including open space and recreational trusts and trusts of libraries and museums together with their statutory powers of disposal. Advises and represents charity trustees on all aspects of charity law, including issues of interpretation, trustees’ duties and the variation of charitable trusts.

Significant Reported Cases

In re Broadbent Deceased (The Times) 27th June 2001 (interpretation and effect of charitable gifts in Will)

Trusts and Probate

His practice encompasses all aspects of the law of succession, probate and trusts. This includes advisory work and advocacy. It ranges from hostile claims founded on allegations of entitlement or breach of trust to proceedings for judicial guidance on issues of interpretation or procedure. It includes contentious probate proceedings and applications under the Inheritance (Provision for Family and Dependants) Act 1975.

Significant reported cases

Speechley v Allott [2014] EWCA Civ 230 (rules governing trusts of the assets of an unincorporated association), in Re Broadbent (The Times 27th June 2001) (interpretation and effect of specific will trusts).


Profile

Chambers UK Logo 2016Senior barrister practising in the law of general chancery and commercial law with particular emphasis on real property, trusts, succession and insolvency.  This includes professional negligence in the context of each of these specialist areas.

His practice encompasses contentious and non-contentious work and he acts for a wide range of clients, including banks, development companies, professional firms and public authorities. 

He was appointed to sit as a Recorder in 2003.  Regularly sits as a Recorder in civil and criminal proceedings.

Year of Call:1985

Areas of Expertise
  • Arbitration
  • Banking and Finance
  • Charities
  • Dispute Resolution
  • Insolvency
  • Partnership
  • Professional Negligence
  • Property
  • Trusts and Probate

Recommendations:

Chambers  UK 2017: "I've been very impressed by his depth of knowledge and his ability to cut through the complexities and focus on the core issues." "He has great presence in court."

Chambers UK 2017: "A heavyweight on the Northern Circuit and a delight to work with."

Chambers UK 2017: "Highly impressive. He is a busy guy but he is very responsive; he always goes out of his way." "Extremely knowledgeable and versatile." 

Chambers  UK 2016: "An excellent barrister who is brilliant on his feet; he has a lovely manner in court."

 "He is very precise and excellent with clients. He is keen on the detail and proactively gets involved with cases."

"Extremely thorough and able to turn his hand to any form of real estate advice or litigation."

"He is very bright and knows the law very well. His character is very calm, unflappable and very straightforward."

Chambers UK 2014: "His understanding of the law was amazing - he went back to basic principles and demolished the other side's case. The judge was eating out of his hands." "Both in written work and client conferences he is patient, friendly and does not assume a level of knowledge the client doesn't have."

"He is an incredibly experienced practitioner; very sound intellectually and a very safe pair of hands."

"He has seen it all before - you cannot surprise him." "He has detailed experience and his substantive knowledge is a given."

Chambers UK 2013: "Mark Halliwells broad chancery practice includes property, rights of way, trusts and probate matters.  He recently appeared in Birkdale Park Land Company Limited v Cruickshanks and Kirby. In this case he represented two leaseholders regarding the interpretation of leaseholding covenants. "

"Mark Halliwell is a highly regarded practitioner in commercial and chancery cases. He has notable expertise in matters such as land, insolvency and charities disputes.  He is recommended."

Chambers UK 2012: "Mark Halliwell has an excellent reputation for land law and real property work, as well as trusts, charities, probate and succession disputes"

"...is highly regarded for his expertise in contentious trusts and probate as well as real estate litigation."

Chambers UK 2011:  "Mark Halliwell is a real estate, professional negligence and local authority expert whose success is premised on his combination of "thoughtfulness, calmness and great client skills."

"Mark Halliwell has developed an excellent reputation for his mixed chancery and commercial practice. His areas of expertise include property, trust and insolvency disputes. "

Chambers UK "...the kind of lawyer who has a very good effect on clients as he's very calm, very measured and inspires trust". 

"...both a fine advocate and an expert on the law".

"...hard working and provides a good service to clients."  He successfully defended a claim for specific performance of contract for the sale of property, and succeeded in a claim regarding title to boundaries of mixed residential and agricultural land in Shropshire.

 Mark is praised for his wide-ranging property, partnership and insolvency practice, and has built a large following amongst local authorities.

Mark Halliwell practises within the commercial area but is "especially strong when it comes to trust and property work." He boasts expertise in the niche area of rights of way.

Chambers UK 2006

"his powers of persuasion lie in his ability to make you appreciate the complete common sense of his position".

Memberships

Chancery Bar Association, Northern Chancery Bar Association, Northern Circuit Commercial Bar Association

Northern and North Eastern Circuits

Publications

“Distribution on Intestacy” (FT Law and Tax).

Appointments

Recorder since 2003

Qualifications

BSc (Econ)

Year of Call 1985 (Lincolns Inn)

Joined Chambers 1986

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