Practice Area CVs:

Paul Lakin


Paul Lakin

 

 

Year of Call: 2000


Paul was called to the Bar in 2000 having previously been a solicitor with both Watson Burton and Brooke North.  He practises in all aspects of chancery and commercial dispute resolution.  His practice is predominantly contentious with particular specialism in all areas of Real Property work (registered and unregistered land, commercial, residential and agricultural) including restrictive covenants, easements, boundaries, highways, mortgages and landlord & tenant including forfeiture and lease renewal. Paul also undertakes all aspects of trust, probate and administration, commercial, company and insolvency work.

Company:

A significant amount of Paul's work centres on company law and company related disputes including shareholder disputes; share and asset purchase agreements (especially warranty claims); directors' and employees' duties (including confidential information and data protection) and winding-up.  Current work includes a substantial dispute concerning alleged breach of fiduciary duty and use of confidential information.

Dispute Resolution:

Paul undertakes advisory work and advocacy in connection with a wide range of commercial and chancery disputes including agency; contracts; bailment; commercial fraud, torts (especially nuisance, trespass to land and wrongful interference with goods); sale and supply of goods and services; joint ventures; shareholder disputes; share and asset purchase agreements (especially warranty claims); directors' and employees' duties (including confidential information and data protection) and all procedural aspects of the CPR, evidence and costs.  Paul has particular expertise in cases of misrepresentation, undue influence and unconscionable bargain. He undertakes work in all tribunals (including the Land Tribunal and appears before the adjudicator to the Land Registry). 

Recent reported case:

Greenwood Forest Products (UK) v Roberts [2010] QBD Leeds - Charge on property/ Share purchase Agreement - misrepresentation, undue influence, estoppel and unconscionable bargain.

Finance:

Paul undertakes work in relation to all aspects of mortgages and legal and equitable charges.

Recent cases include:

Greenwood Forest Products (UK) v Roberts [2010] QBD Leeds - Charge on property/ Share purchase Agreement - misrepresentation, undue influence, estoppel and unconscionable bargain.

Ashcroft v Bradford & Bingley plc [2010] EWCA Civ 223 - S20 Limitation Act, part payment.

Insolvency:

Paul's practice incorporates all aspects of personal and corporate insolvency.

Recent work includes:

Hogg v Kaviani (2010) Leeds District Registry - claim pursuant to section 212 of the Insolvency Act 1986.

Partnership and LLPs:

Paul undertakes a significant amount of partnership and LLP work especially concerning professional practices such as solicitors, accountants and chartered surveyors.

Professional Negligence:

Paul undertakes professional negligence work particularly in relation to: solicitors, surveyors, valuers, accountants and architects.

Recent work includes:

Dove v Countrywide Surveyors Ltd (2008) Leeds

Real Property:

Paul has a significant property practice which includes all contentious aspects of real property including; all aspects of registered and unregistered land including, trusts of land including co-ownership, restrictive covenants, boundaries, easements and adverse possession, proprietary estoppel; property joint ventures, contracts for the sale of land and conveyancing disputes; residential, commercial and agricultural landlord and tenant including forfeiture, lease renewal under the 1954 Act and dilapidations claims as well as construction disputes.  His recent cases include:

Laycock v McArdle (2007) Leeds - constructive trust of family home;

Burgess, Newton & Newton v Lloyd, Lloyd & Lloyd (2008) Leeds District Registry - claim to have purchase of land set aside for want of capacity, undue influence and unconscionable bargain.

Sanderson v Styles (2009) Adjudicator to the Land Registry - claim for adverse possession of farmland.

Muir & Cable v Storr (2009) Middlesbrough County Court - boundary dispute.

Bowland Homes Ltd v Chapman (2009) Skipton County Court - easement, construction of express grant and prescription.

Joseph Dobson & Sons v Medley (2009) Adjudicator to Land Registry - easement, prescription, Prescription Act 1832 and doctrine of lost modern grant.

Greenwood Forest Products (UK) v Roberts [2010] QBD Leeds - charge on property/ share purchase Agreement - misrepresentation, undue influence, estoppel and unconscionable bargain.

Ashcroft v Bradford & Bingley plc [2010] EWCA Civ 223 - mortgage, s20 Limitation Act, part payment.

Trust & Probate:

Paul has a significant trust and probate practice, which includes all contentious aspects of trusts, trusts of land including co-ownership, contentious probate work including Inheritance Act claims, the validity and construction of wills and administration claims including the removal of trustees.

Current work includes advising a large metropolitan council as to whether a 'quistclose trust' has arisen in relation to money taken under various s106 agreements.

His cases include:

Dingmar v Dingmar [2006] Ch 109 (C.A.) - first instance only, construction of Section 9 Inheritance (Provision for Family & Dependants) Act 1975.

Goodliffe v Goodliffe (2008) Leeds District Registry - grant of probate in solemn form.

 

Conferences:

Paul regularly gives talks and seminars on a wide variety of issues.  Some of his recent seminars include:

"Disputed Estates" - in-house seminar for Lupton Fawcett, Leeds (June 2010);

"Boundary disputes" - chambers seminar (September 2009);

"Acquiring easements by prescription" - chambers seminar (July 2009)

"Beneficial interests in the home" - seminar to lawyers (February 2009);

 

Career and Education:

University:                                     University of Leeds

Degree:                                         LLB (Hons)

Year of Call:                                  2000 (Middle Temple)

Other career:                                1995 - 2000 Solicitor with Watson Burton and
                                                   Brooke North specialising in property litigation and 
                                                   commercial and insolvency litigation

Circuits:                                       Member of the North Eastern Circuit

Membership:                                Member of the Northern Chancery Bar Association
                                                   and member of the Chancery Bar Association.

 

Other:

Direct Professional Access:            Yes

Direct Public Access:                     No

 

Alert - Scam Emails