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Mark Halliwell
Year of Call: 1985
Mark is a senior barrister practising in the law of general chancery and commercial law.
He specialises in five areas.
1. Real property (commercial, residential and agricultural). This includes
restrictive covenants, easements, mortgages and landlord and tenant.
2. Trusts, charities and unincorporated associations.
3. Probate, succession and the administration of estates.
4. Insolvency.
5. Public rights of way, commons and town or village greens. Markets and
fairs.
He also undertakes work in the areas of contract and commercial law, commercial arbitration and professional negligence in each of his specialist areas and work on the interface of chancery and public law.
In 1991 he was appointed as counsel to the Attorney General, in Manchester, in relation to the law of charity. Between 1992 and 2001, he regularly appeared on behalf of the Secretary of State in directors disqualification proceedings. More recently, he has appeared in a significant number of cases relating to the law of property and trusts, including the enforcement of contracts for the sale of land, break clauses and access rights. He recently appeared on a successful High Court claim for damages for professional negligence arising out of the conduct of proceedings relating to the title to land.
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.
Recommendations include:
Chambers UK 2012:
"Mark Halliwell has an excellent reputation for landlaw 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".
Significant reported cases
Broker House Insurance Services v OJS Law [2010] EWHC 3816 (damages for professional negligence)
KSO v MJO [2009] EWHC 2152 (freezing injunctions)
Oakglade v GMPTE [Acq/79/2005] (16.9.08) (compulsory purchase, waiver by election)
Sinclair v Gavaghan [2007] EWHC 2256 (restitutionary damages)
Sugarman v Porter [2006] EWHC 331 (restrictive covenants)
Baddeley v Barker [2003] EWCA 742 (nuisance)
In Re Broadbent Deceased, The Times 27.6.01 (wills and trusts)
Inco Europe v First Choice Distribution [2000] 1 WLR 586 (statutory construction and arbitration)
Bradford & Bingley BS v Seddon [1999] 1 WLR 1482 (abuse of process)
Re Dent (A Bankrupt) [1994] 1 WLR 956 (bankruptcy)
Simmons v Dobson [1991] 1 WLR 720 (easements)
Edmunds v Stockport BC [1990] 1 PLR 1 (restrictive covenants)
Dean v Upton, The Times, May 10 1990 (conveyancing)
Publications
Mark is the sole author of "Distribution on Intestacy" (FT Law and Tax)
Career and Education
University London School of Economics
Degree BSc (Econ)
Year of Call 1985 (Lincolns Inn)
Joined Chambers 1986
Recorder 2003
Circuits Northern and North Eastern
Membership Chancery Bar Association, Northern Chancery Bar
Association, Northern Circuit Commercial Bar
Association, Charity Law Association.
Other
Direct Professional Access Yes
Direct Public Access No
