Nigel Clayton

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Year of Call: 1987

Profile

Nigel practises solely in Real Property Law and related areas, and specialises in Mortgage Law and Litigation for which he is regularly recommended by the Legal 500. He was appointed to the Attorney General's Provincial Panel in 2000 and has been regularly reappointed since then, being retained most recently by the DWP in relation to enforcement of child maintenance arrears by charging orders.

Nigel was appointed a Civil Recorder in 2003 and frequently sits on Civil and Chancery cases on the Northern and North Eastern Circuits. 
 

All aspect of drafting advisory and litigation work in the areas of:

1.     Real Property:

Land Law

• Adverse Possession, Boundaries, Easements, Restrictive Covenants, Water, Highways etc
• Title - Registered and Unregistered Conveyancing, Title Disputes.
• HM Land Registry Adjudications.
• Drafting conveyancing documents - contracts/transfers/clauses.
• Property misrepresentation cases.
• Claims involving Estate Agents' commission.
• Overage agreements.
• Lands Tribunal (Upper Tribunal - Lands Chamber) work.
• Co-ownership disputes - Resulting and Constructive Trust and Proprietary Estoppel claims.
• Nuisance/Trespass cases

Landlord and Tenant

• All aspects of Business, Residential and Agricultural Tenancy Law including Possession Claims, Dilapidations Claims, Lease Renewals and Rent Reviews.
• Leasehold Valuation Tribunal and Agricultural Lands Tribunal work.
• Drafting leases, tenancy agreements, notices to quit etc

Wills and Probate

• Contested Probate cases and Will constructions
• Issues involving Executors, Administrators and Trustees
• Breach of Trust claims
• Inheritance Act claims

Planning

• Planning, compulsory purchase and compensation
• Lands Tribunal (Upper Tribunal - Lands Chamber) work.
• Commons Registration and Town/Village Green Inquiries.

 

2.   Property-related Banking and Finance work

3.   Property-related Insolvency

4.   Property-related Professional Negligence

5.   Civil Procedure

• Issues involving the Civil Procedure Rules

 

Significant reported cases

Re Solarfilms (Sales) Ltd's Application (1993) 67 P & CR 110 (Lands Tribunal, application to vary or discharge restrictive covenants, thin end of the wedge argument)

CIBC Mortgages Plc v Pitt [1994] 1 AC 200 (House of Lords, mortgages, undue influence)

MAES Finance Ltd v Shriskantharaja [1998] EWCA Civ 485 (Court of Appeal, mortgages, appeals)

Eagle Star Insurance Co Ltd v Karasiewicz [2002] EWCA Civ 940 (Court of Appeal, mortgages, subrogration)

Michael v Miller [2004] EWCA Civ 282 (Court of Appeal, mortgages, mortgagee's duties on sale)

Taylor v Crotty [2006] EWCA Civ 1364 (Court of Appeal, option to purchase, construction)

Ferraro (R on the Application of) v Albert Dock Management Ltd [2006] EWCA Civ 1489 (Court of Appeal, Landlord & Tenant, Civil Restraint Orders)

Nolan v Wright [2009] 3 All ER 823 (Chancery Division, consumer credit, limitation)

English v English [2010] EWHC 2058 (Ch) (mortgages, forgery, solicitors duty of care)

Banking

Nigel specialises in all aspects of Mortgage Law and Mortgage Litigation and related Banking and Finance work, and has considerable experience of acting for banks, building societies and centralised lenders, as well as borrowers. He has appeared in several high profile cases; is the author of Mortgage Possession Actions (Sweet & Maxwell) and is a regular speaker for Central Law Training on Mortgage Litigation. He maintains his own specialist Mortgage Law website (www.legalmortgage.co.uk) and is the Mortgage editor of the Property Law Website (www.propertylawuk.net).

Nigel is regularly instructed in the following areas:

• Settling mortgage deeds, mortgage conditions and related deeds and documents
• Advising on FSMA/MCOB compliance
• Advising on the construction and enforcement of mortgages and related security documents including guarantees
• Advising on issues as to title and priorities including applications for alteration/indemnity at HMLR
• Dealing with substantive defences - forgery, non est factum, undue influence, misrepresentation etc and related issues including overriding interests, subrogation, duties on sale, limitation, s 36 AJA 1970 etc
• Advising on the appointment and duties of LPA Receivers
• Advising on Consumer Credit Act issues relating to mortgages, including statutory compliance, time orders under s 129 CCA 1974 and extortionate credit bargains and unfair relationship claims 

• Charging Orders and Applications for Orders for Sale

Significant reported cases:

CIBC Mortgages Plc v Pitt [1994] 1 AC 200 (House of Lords, mortgages, undue influence)

MAES Finance Ltd v Shriskantharaja [1998] EWCA Civ 485 (Court of Appeal, mortgages, appeals)

Eagle Star Insurance Co Ltd v Karasiewicz [2002] EWCA Civ 940 (Court of Appeal, mortgages, subrogration)

Michael v Miller [2004] EWCA Civ 282 (Court of Appeal, mortgages, mortgagee's duties on sale)

Nolan v Wright [2009] 3 All ER 823 (Chancery Division, consumer credit, limitation)

English v English [2010] EWHC 2058 (Ch) (mortgages, forgery, solicitors duty of care)

 
Recommendations

Legal 500 2011: "Nigel Clayton is an expert in complex mortgage and property litigation"

Legal 500 2010: "Nigel has a strong reputation for mortgage litigation"

Legal 500 2009: "Nigel is recommended in the field of mortgage litigation"

Legal 500 2008: "Nigel is highly recommended for mortgage litigation"

Memberships

Property Bar Association

Northern Chancery Bar Association

Northern Circuit

North Eastern Circuit

Panels

Junior Counsel to the Crown Provincial Panel (2000)

 

Career & Education

University:                 Nottingham (Trent) 1983-86

Degree:                     LLB (Hons)

Year of Call:              1987 (Inner Temple)

Joined Chambers:      2002

Recorder:                  2003 (Civil), 2011 (Family)

Other

Direct Public Access:   Yes