12 College Place - barristers

William Webster

Teams: Landlord & Tenant and Housing (Commercial), Chancery (Village Greens, Wills & Probate, Land), Common Law (Insolvency, Professional Negligence, Personal Injury), Administrative and Local Government (Judicial Review, Human Rights), Public & Licensed Access (Licensed Access)

Year Called: 1975

Inn: Middle Temple

Qualifications: LLB (Bristol)

Appointments: Deputy Head of Chambers

Memberships: Western Circuit, Chancery Bar Association

Practice

Traditional Chancery practice, predominantly land-based, including Highways, Restrictive Covenants, Insolvency, Landlord and Tenant, Inheritance, Trusts, Probate and related Professional Negligence in all areas.

Specialist in Town and Village Greens

Where he acts for applicants for registration, objector landowners (mainly in the case of publicly owned land) and registration authorities where he not only advises on applications, objections and post registration rights but also regularly sits as an Inspector at non-statutory public inquiries. Now that land can all too easily qualify for registration he also advises landowners on what they can do to lessen the risk of registration (often on the basis of little more public activity than walking a dog).

Recent TVG work includes:

Atherington 'Conservation Area', for Devon County Council (2012)

Betterment Properties (Weymouth) Ltd v (1) Dorset County Council (2) Mrs G Taylor - Court Of Appeal - heard with appeal in Paddico (267) v Kirklees Metropolitan Council (2011) EWHC 1606 (Ch)(2012)

Sawpit Green (2012), for Surrey County Council

Eastern Fields (2012), for Exeter City Council

Rydens Way Green (2011), Old Woking for Surrey County Council (preliminary issue)

Bookham Fields, Great Bookham (2011) for Surrey County Council

Former Whitchurch Airfield site (No. 2) (2011) for Bristol City Council (full range inquiry including revival of appropriation issue)

Betterment Properties (Weymouth) Ltd v (1) Dorset County Council (2) Mrs G. Taylor (on behalf of the Society for the Protection of Markham and Little Francis) [2010] EWHC 3045 (ch) - Morgan J noted that Counsel in the case were 'acknowledged experts in this area of the law'.

Greensquare Field (2010) for London Borough of Barnet

Kings Close Open Space, Walton-on-Thames (2010) for Surrey County Council

Branksome Recreation Ground (2010) for Poole Borough Council

School Field, Pimperne (2010) for Dorset County Council

Quinta Open Space, Barnet (2009) for London Borough of Barnet

Back Lane, Warlingham (2009) for Tandridge District Council

Slades Farm Playing Fields (2009) for Bournemouth Borough Council

Wishings Field, Brixham (2009) for Torbay Council

Former Whitchurch Airfield site (No.1) (2009) for Bristol City Council (preliminary issue on appropriation)

Donkey Derby Field, Hamble (2009) for the applicant for registration

Yeovil Recreation Centre (2008) for South Somerset District Council

Drews Park, Swindon (2008) for Wiltshire County Council

Betterment Properties (Weymouth) Ltd v Dorset County Council (2008) EWCA Civ 22

He also regularly gives Seminars in Southampton and elsewhere on Town and Village Greens (occasionally in conjunction with the Chambers’ planning team) and on Insolvency issues.

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: 293571335

Notable Cases

Recent Town and Village Green Work | Details

Area : Chancery

Sub-category : Village Greens

Summary of Practice and Experience | Details

Area : Chancery

Case Type : Cases & Issues

William Webster's practice is primarily mainstream contentious and non-contentious Chancery involving mainly land, rights over land, development, conveyancing and related professional negligence, company, insolvency, probate and inheritance law. In recent years he has been heavily involved with Town and Village Greens where he has acted both for applicants for registration and landowning objectors (principally Local Authorities). He also sits regularly as an inspector at non-statutory public inquiries where evidence is heard following which an advisory report is provided to the Registration Authority to whom applications to register are made. Areas of Landlord and Tenant covered include leasehold enfranchisement, business and agricultural tenancies. He also has wide advocacy experience in commercial litigation and in the drafting of commercial contracts including franchise and overage agreements on which he has lectured. He has acted for a large number of Local Authorities on land and related matters and regularly acts for one of the larger Police Authorities in connection with their land holdings. Recent Examples of Areas of Practice; ______________________________________ * Drafting UK Franchise Agreement * Acting for LIPs in recovery of assets (company and personal) * Drafting of overage/option/conditional contracts * Disputed partnership account in winding up of partnership involving allegation of concealed takings – court found for claimant and ordered account on basis that net profit had been suppressed by one-third * Questions over purchase of goodwill of professional partnership - Disputed partnership account in the case of a failed single venture partnership (the context being that of redevelopment) * A number of Town & Village Green cases acting for applicants, objecting landowners and for registration authorities, including acting as an inspector in NSPI * A number of claims involving existence and extent of public and private rights of way and issues over underground services * Unfair prejudice and just and equitable winding-up petitions * Disputed valuation of minority interest in unfair prejudice claim * Travellers and squatters and their removal from public and private land - cases for Local Authorities and advice given on correct approach in light of recent developments in Judicial Review and Human Rights Legislation * Will construction * Testamentary Incapacity & disputed probate claims * Disputed unfitness issue before the Court of Protection * A number of claims on both sides under the Inheritance Act 1975 * Litigation involving terms of new business tenancy * Dispute involving seasonal grazing licence/agricultural holding * Landslip involving claim against developers for loss of support * Disputed run-off claim involving damage and contamination to lower-lying land which included a large ornamental lake; 20 day plus construction arbitration (re quantity and rate) acting for a local authority with appeal to TCC on issue of compound interest * Dispute between company promoters * Disputed surrender agreement * The enforcement of restrictive covenants in employment contract * Boundary dispute before Land Registry Adjudicator * Disputed highway rights involving substantial development site * Contractual dispute between large retail support contractors * Negligent misstatements on sale of 3-day eventer * Assessing quantum for share of developers net profit arising from breach of density covenant (Lane v O'Brien Homes Ltd [2004] EWHC 303 (QB)) * Disputed ransom strip accessing substantial development parcel * Case involving inter-relation between public bridle path and disputed private vehicular way - other issues raised include highway presumption, adverse possession, illegality [applying Bakewell Management Ltd v Brandwood [2004] UKHL 14] and excessive user * Recent contested cases in Lands Tribunal involving [i] modification of Restrictive Covenants preventing development [acting for developer]; and [ii] compensation in the case of a Purchase Notice [acting for acquiring authority] - case involved valuation of 'hope value' in circumstances where claimant relied on old certificate of appropriate alternative development which presumed development in a case where present development unlikely because of supervening open space designation in local plan * Professional negligence in case of solicitors' failure to apply to court for grant of new business tenancy - case involved valuation of lost business on vacation of demised premises * Proprietary estoppel in case involving carer looking after elderly couple without payment in reliance on assurance that he would be remembered in their wills - Court of Appeal granting carer lump sum * Advisory work for a Local Authority re the recovery of overpaid VAT on off-street parking revenue