Christopher Buckingham

Publications

Various case notes published on LexisPSL

Contributor to the Rural Law Notebook

“Subrogation, the Straightjacket of Unjust Enrichment and Legal Taxonomy” [2016] Conv. 219 (co-authored with Lucy Chambers)

“Overview: Company Law, Insolvency and Receivership” (2015) 6 UKSCY 355

“Intangible Property and Proprietary Restitution in the High Court” [2013] LMCLQ 296 (co-authored with Lucy Chambers)

“Trouble in Monte Carlo: Secret Commissions and Constructive Trusts” (2013) 27 TLI 102

“Draycott v Hannells Letting Ltd: the emasculation of the tenancy deposit scheme?” [2010] Conv. 261

Commercial and Chancery Litigation

Christopher has been instructed on a wide range of commercial and chancery disputes, which are often technical and high value in nature. Examples of recent work:

• Drafted proceedings for specific performance of a contract for sale arising by exercise of an option.
• Drafted proceedings on behalf of a company for a claim brought for rescission of a supply agreement and for breach of duty against a former director.
• Advised a national food processing company on a claim for breach of a supply agreement.
• Instructed in a multi-million pound arbitration concerning an international sale of goods dispute.
• Appeared for the Secretary of State in a trio of successful appeals in the Upper Tribunal (Administrative Appeals Chamber) concerning the “bedroom tax”.
• Advised and settled grounds of appeal in respect of a Commercial Court judgment for €113 million under various loan agreements.
• Advised a freight company on contractual and common law rights of termination under a membership agreement.
• Instructed to advise a supplier of healthcare and medical products on an agreement with an introducer.
• Instructed to represent the Defendant in litigation concerning the supply of an incident management system at the UK’s Atomic Weapons Establishment.

Contentious Wills, Trusts & Probate

Traditional Chancery work is a significant part of Christopher’s practice. His experience includes Inheritance Act claims, probate disputes, applications brought under TLATA, and claims involving constructive and resulting trusts. Examples of recent work:

• Advised on the validity of a will in a dispute between siblings, allegations of misappropriation of monies, and an application to remove an Executor.
• Represented the Defendant in a High Court claim in which there was a dispute about whether a property was held on constructive trust and included an application to remove an Administrator. The case settled after an ENE.
• Represented a law firm on an application for non-party disclosure arising in the context of a dispute about the validity of a will.
• Advised on a Court of Protection application arising in the context of an incompletely constituted trust and a settlor’s loss of capacity.
• Represented a widow in a long-running Inheritance Act claim, in which the status of various high-value family trusts was in dispute. The case settled after an ENE.
• Defended an application brought by beneficiaries of a discretionary trust to compel the trustees to provide certain information and make distributions.
• Advised on the construction of provisions in a will trust in the light of a threatened claim by a carer of the deceased.
• Appeared in a dispute (until conclusion at mediation) concerning the validity of a civil partnership and the status of a will made shortly before the partnership.
• Advised on the validity of a trust in the light of concerns as to whether there had been compliance with appropriate formalities.
• Advised an executor on an application to remove under s 50 of the AJA 1985.

Insolvency & Restructuring

Christopher is regularly instructed on an assortment of applications arising out of corporate and personal insolvency. He work includes bankruptcy and winding up petitions (including those brought on grounds of public interest), applications brought by office-holders to set aside antecedent transactions, misfeasance claims and claims brought under the Company Directors Disqualification Act 1986. Examples of recent work:

• Advised and represented the Defendants in a claim brought for possession and sale of a property by a Trustee in Bankruptcy. A key issue was the status of deeds of trust alleged to be void and/or a sham. The case settled just before trial.
• Represented the Secretary of State at a 4 day trial of a claim to disqualify a director on the basis of failure to keep adequate accounts.
• Represented the Secretary of State in a successful petition to wind up a company on public interest grounds arising from the fraudulent abuse of Covid-19 financial assistance schemes.
• Advised the director of a company in respect of a claim brought by the liquidator alleging misfeasance and breach of duty under s 212 of the Insolvency Act 1986.
• Represented the Secretary of State at a trial of a claim to disqualify a director on the basis of causing a company to trade to the detriment of HMRC.
• Appeared for Administrators on an application concerning the status of funds collected on behalf of an insolvent firm of solicitors.
• Acted as a junior on a £multi-million fraud case brought by a Trustee in Bankruptcy against directors and shareholders in a number of companies in the Skelwith Leisure Group.
• Advised a director on a claim brought by Liquidators in respect of payments alleged to be unlawful dividends.
• Represented the alleged debtor on a contested bankruptcy petition, which was determined, in his favour, after cross-examination.

Real Estate

Litigation and advisory work in all aspects of property law have been a major part of Christopher’s practice for over a decade. He has wide experience of cases involving boundary disputes, conveyancing, easements, mortgages, options, proprietary estoppel, restrictive covenants, trespassers and all aspects of commercial and residential landlord & tenant. Examples of recent work:

• Obtained a vesting order of land, which had been held on trust for the Claimant by a company until its dissolution.
• Appeared for the successful Claimant in a 3 day trial to enforce a prescriptive right to drain over a neighbour’s property.
• Advised on and drafted proceedings to enforce a restrictive covenant to prevent development of a shared garden.
• Represented the Defendant pub company in a complex claim alleging wrongful forfeiture, unreasonable withholding of consent to assignment and conversion of goods.
• Advised on the construction of a user clause in a long lease, in the context of a number of flats being used as holiday lets.
• Represented a landowner in a High Court claim for an injunction and possession order against squatters of a large commercial site in Leeds.
• Advised a property developer on the scope and enforceability of a restrictive covenant and a potential application to the Upper Tribunal.
• Represented the sellers of a property in a claim in which the buyers alleged fraudulent misrepresentation (settled at mediation).
• Represented several mortgagors challenging the enforceability of short term, high value secured lending.

Reported Cases

Education

Appointments and Memberships

Testimonials