12 College Place - barristers

Teams: Landlord & Tenant and Housing (Commercial, Residential, Social), Planning (Planning Appeals, Enforcement, Rights Of Way & Highways, Judicial Review , Forward Planning), Chancery (Village Greens, Land), Common Law (Insolvency), Administrative and Local Government (Judicial Review, Human Rights), Public & Licensed Access (Licensed Access)

Year Called: 2007

Inn: Middle Temple

Qualifications: Harold G. Fox Scholar to Canada (2007 – 2008), Middle Temple Benefactor’s Scholar (2006 & 2007), BPP Law School (2007, BVC), Nottingham Law School (2006, CPE) Collingwood College, Durham University (2005, BA (Hons) History).

Paul joined 12 College Place in 2010 following pupillage. Prior to this he spent a year in the Toronto office of a leading Canadian firm, McCarthy Tétrault LLP (2007 - 2008) and a year as a Parliamentary Assistant in the European Parliament in Brussels, Belgium (2008 – 2009).

Paul maintains a general litigation practice with a focus on property disputes, chancery, highways, landlord and tenant, compulsory purchase, planning, and administrative and local government law. Paul is particularly active in the law relating to village greens, commons, rights of way and easements. To this end he is contributor to the Rights of Way Law Review and the Solicitor’s Journal. Please find below a more detailed summary together with a number of select matters.

Commons Act 2006: Town or Village Greens: -

Paul is regularly instructed by landowning objectors, applicants and registration authorities. Seminars are given around the country with William Webster, with whom Paul works on many cases.

Paul has been instructed by a number of local authority landowners to oppose applications to register land both at inquiry and in the context of Judicial Review. Advice has also been given to planning committees on post-registration rights & liabilities.
In the matter of an application to register land known as the St. George's Field, Headstone, Harrow (April 2011) - 4 day inquiry.
In the matter of an application to register land known as the Kayles, Old Ferry Drive, Windsor, Wraysbury (October 2010) - 4 day inquiry.
In the matter of an application to register land at the triangle, Tichbourne Way, Gosport, Hampshire (July 2010) – represented the Applicant at a 5 day public inquiry against leading counsel.

Property & Housing: -

Paul has advised, drafted particulars and appeared in court proceedings concerning property disputes (including easements and covenants).
Has pursued Anti-Social Behaviour Injunctions / Orders on behalf of a number of housing associations and local authorities.
A CPO inquiry connected to Edgbaston Cricket Club Redevelopment (2012)

Highways: -

Recently gave a seminar on the ramifications of Herrick v Kidner and Somerset CC [2010] EWHC 269 (Admin) for cases of obstruction to minor highways.
Welcomes instructions in personal injury cases concerning failure to maintain the highway.

Chancery / International: -

Paul has advised on the implications of the ongoing Isle of Wight litigation over repayment of VAT local authorities have paid over in respect of off-street parking. Local authorities are able, if they take the correct steps, to preserve their position so they may, in future, recover millions of pounds if the Isle of Wight is successful. See article below for more details.
Advice has been given to charities on a spectrum of issues including reorganisations and breach of fiduciary duty.

During Paul’s time at McCarthy Tétrault LLP, Toronto he assisted on the following notable files of his supervisors:

Dunn v. Chubb Insurance Company of Canada, 2009 CanLII 7083 (ON S.C.);Nortel Networks Corporation v. Dunn - indemnification and advance of defence costs from insurers under Directors & Officers policies and corporate by-laws.

Axiom Plastics Inc. v. E.I. DuPont Canada Company - class action for anti-competitive conduct and civil conspiracy in the chemical’s market.

Paul is familiar with the use of jurisprudence from the USA.

PUBLICATIONS

‘The Paddico case in the High Court’, Rights of Way Law Review, 2011, Oct(15.3), 195-201
‘Diggers at dawn’ with William Webster, Solicitors Journal, 2011, 155(36), 10-11.
‘Competitive Threat?’ with William Webster, Local Government Lawyer (March 2011) [repayment of VAT on local authority off-street parking]
‘Common Ground’ with William Webster’, Solicitors Journal 2011, 155(8), 11
‘The shifting sands of town village green law’, The Barrister (October 2010)
‘Not easy being Green’ with William Webster, Solicitors Journal. 2010, 154(12), 6
‘A piece of the action’, Solicitors Journal, 2009, 153(27). [article concerning UK class actions under CPR 19.6]
‘Class actions, the regulatory state and the duty of the court to justice‘, The Barrister, 2010, (43), 28-29
‘Preparing to “Win” the Mediation’, Sharpening the Sword II: Tactics and Strategies for Lock n’ Load Litigation (OBA 2008), with Thomas Heintzman QC.

For the latest updates on Town and Village Green law please sign up for updates from our blog 'Village Green Law' by William Webster and Paul Wilmshurst.

http://villagegreenlaw.com

This blog provides information on, and encourages discussion of, the law relating to the registration of new town and village greens under the Commons Act 2006.

VAT Number: 996532959