Year of call: 1987
Nigel Clayton practises solely in Real Property Law including Probate and Trusts and related areas, and specialises in Mortgage Law. He is regularly recognised as a ‘Leading Individual’ in Real Estate Litigation and Chancery, Probate and Tax.
Civil and Business & Property Court Recorder.
Accredited as a Civil and Commercial Mediator by the ADR Group.
Nigel is an acknowledged expert in Mortgage Law. He has considerable experience of acting for banks, building societies, centralised lenders and bridging finance companies as well as borrowers. He is the author of Atkin’s Court Forms, Vol 28(1) Mortgages (2024)(Lexis Nexis), Mortgage Possession Actions (Sweet & Maxwell) and was the founder and editor of www.legalmortgage.co.uk
Nigel is regularly instructed to advise on:
CIBC Mortgages Plc v Pitt [1994] 1 AC 200 (House of Lords, mortgages, undue influence)
MAES Finance Ltd v Shriskantharaja [1988] EWCA Civ 485 (Court of Appeal, mortgages, appeals)
Eagle Star Ltd v Karasiewicz [2002] EWCA Civ 940 (Court of Appeal, mortgages, subrogation)
Michael v Miller [2004] EWCA Civ 282 (Court of Appeal, mortgages, mortgagee’s duties on sale)
First Mortgage Securities No. 9 Ltd v Smith [2005] EWHC 2455 (Ch) (Chancery Division, mortgages, possession orders)
Nolan v Wright [2009] 3 All ER 823 (Chancery Division, consumer credit, limitation)
English v English [2010] EWHC 2058 (Ch) (Chancery Division, mortgages, forgery, solicitors’ duty of care)
Nigel wad formerly a full member of the Society of Trusts and Estate Practitioners (STEP). He was trained in an old-style Chancery Chambers with an emphasis on Will and Trust drafting and non-contentious advisory work.
Nigel now deals only with drafting and advisory work in the following areas:
Lynch v Webb [2014] EWHC 399 (Ch) (Chancery Division, construction of trust deeds/rectification)
Nigel now deals only with drafting and advisory work in the areas of:
(1) Land Law including title, conveyancing, land registration, boundaries, adverse possession, easements, restrictive covenants, co-ownership, proprietary estoppel etc
(2) Landlord and Tenant including all aspects of business, residential and agricultural possession claims, dilapidations, lease renewals, rent reviews
(3) Related professional negligence claims
Nigel is a contributing editor of the Property Law website www.propertylawuk.net
Re Solarfilms (Sales) Ltd’s Application (1993) 67 P & CR 110 (Lands Tribunal, application to vary or discharge restrictive covenants)
Bennett v North West Water [1996] RVR 30 (Lands Tribunal, assessment of compensation)
Pierce v The Coal Authority [2000] EWLands LCA 2 (Lands Tribunal, assessment of compensation)
Gibbons v Pickard [2002] EWCA Civ 1780 (Court of Appeal, boundary dispute)
Saxon v Moore [2005] EWHC 27 (Ch) (Chancery Division, boundary dispute)
Taylor v Crotty [2006] EWCA Civ 1364 (Court of Appeal, option to purchase)
Ferraro (R on the application of) v Albert Dock Management Ltd [2006] EWCA Civ 1489 (Court of Appeal, landlord and tenant, civil restraint orders)
Legal 500 2026
Chambers UK 2026
“Nigel is incredibly down to earth, supportive, approachable and helpful in managing client expectations.”
“Nigel Clayton literally wrote the book on mortgage litigation. His property dispute work is also of the triple gold star standard.”
Legal 500 2025
‘Nigel is very approachable and well liked by clients. He will always try and find a commercial and workable solution for the client.’
‘Nigel is accessible, engaging, and highly intelligent, and he is indispensable on technically complex and evidentially difficult matters. He is top class, extremely knowledgeable, and is a go-to person for property disputes.’
Chambers UK 2025
“Nigel Clayton has exceptional knowledge in his field of mortgage disputes and is the first person I would go to with any such disputes.”
“He offers helpful solutions and suggestions, and always has the client’s overall goal in mind.”
“Nigel Clayton is friendly, responsive and practical.”
Legal 500 2024
‘Nigel is an extremely experienced property barrister. He is a go-to counsel for complicated property disputes.‘
‘Nigel is an extremely experienced property barrister. He is a go-to counsel for complicated property disputes.‘
Chambers UK 2024
“Nigel is easy to work with and provides an outstanding service to both his instructing solicitors and the party he is representing.”
Legal 500 2023
“Nigel communicates timescales for returning the work, which is vital to manage a client’s expectations. He is very clear in his advice and stands by what is said up to and including the final hearing, which is important for a client, even in circumstances where the client challenges Nigel. He is very approachable and pleasant to deal with and will set out any additional assistance if required.”
Chambers UK 2022
“He is very approachable, good at explaining complex legal issues to lay clients, and comprehensive on complex draft pleadings.”
Legal 500 2022
“Nigel is extremely clear in advice on paper, in person and in advocacy. Nigel is our first choice for all mortgage enforcement matters. Nigel also provides added value by way of helpful legal updates.”
Chambers UK 2021
“He has been excellent in both service and delivery. His preparation and performance in the courtroom absolutely made a difference to the outcome.” “An expert in the complicated law of mortgages.”
Legal 500 2021
“A first-rate mind that has the ear of clients and the court.”
Chambers UK 2020
“He is very practical, really efficient and has good knowledge. He is also very easy to deal with and good with clients.” “He is thorough, detailed and very good on his feet in court.”
Chambers UK 2019
“An excellent advocate who cuts through issues with clear and concise argument.”
Legal 500 2019
“He has the ear of the court.”
Chambers UK 2018
“Very sensible and able to cut through the issues. If I had a personal dispute for property he would be the guy I would go to every time.” “Easy to deal with and thoroughly prepared.” “Really able and approachable. He gets to grips with things quickly and gets results.”
Legal 500 2018
“He has solid advocacy skills.”
Chambers UK 2017
“He provides excellent written advice. Clients comment on his professional and approachable manner.” “Very thorough and good with detail.”
Legal 500 2017
“A mortgage law specialist.”
