Mark Halliwell


Property

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:
Gary Young
Harry Young


Property

His practice encompasses all aspects of the law of real property including conditional contracts, registered and unregistered conveyancing, rights of way and other easements, restrictive covenants and mortgages. He has a substantial advisory practice which frequently involves advising on issues that arise during the course of a conveyancing transaction. He also appears regularly in contentious proceedings before the Courts, the First-Tier Tribunal (Property) Chamber and, indeed, in arbitral proceedings arising out of property transactions.

Significant Reported Cases

Purewal v Countrywide Residential Lettings Ltd [2015] EWCA Civ 1122 (duties of LPA receivers; effect of re-transfer post bankruptcy), Broker House Insurance Services v OJS Law [2010] EWHC 3816 (quantification of losses arising out of professional negligence in connection with mortgage of real property), KSO v MJO [2009] EWHC 2720 (freezing order in respect of proceeds of sale of matrimonial property), Oakglade v GMPTE [Acq/79/2005] (compulsory purchase, waiver by election), Sinclair v Gavaghan [2007] EWHC 331 (quantification of restitutionary damages for trespass), Sugarman v Porter [2006] EWHC 331 (restrictive covenants), Baddeley v Barker [2003] EWCA 742 (nuisance), Simmons v Dobson [1991] 1 WLR 720 (principles governing acquisition of a prescriptive right of way), Edmunds v Stockport [1990] 1 PLR 1 (restrictive covenants), Dean v Upton (The Times 10th May 1990)(conveyancing).


 

"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

Profile


Senior 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

Memberships

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

Northern and North Eastern Circuits

Appointments

Recorder since 2003

 

Publications

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

 

Qualifications

BSc (Econ)

Year of Call 1985 (Lincolns Inn)

Joined Chambers 1986

 

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 Logo 2016

 

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