Dominic Crossley


Year of Call 2006



General Profile


Dominic’s practice encompasses all aspects of chancery law with a particular focus on real property, and wills, probate and trusts.

 

Dominic’s property practice covers disputes concerning adverse possession, easements, boundaries and covenants as well as disputes over co-ownership of land and claims under the Trusts of Land and Appointment of Trustees Act 1996, and claims involving proprietary estoppel. He has a great deal of experience in the various property tribunals, in particular the Land Registration Division of the Property Chamber of the First-tier Tribunal, being the author of a book about the previous incarnation of the tribunal, the Adjudicator to HM Land Registry (published by Bloomsbury in 2013).  Dominic also undertakes the full spectrum of commercial and residential landlord and tenant work.

 

On the probate side Dominic’s practice includes disputes over the validity of wills, applications for removal or substitution of personal representatives, rectification claims, claims for the restitution of estate property and solemn form probate claims, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Dominic has also undertaken drafting work in the field of wills and probate.  Dominic has experience with claims in the Court of Protection.

 

Dominic also undertakes a range of commercial work, including contractual and tortious claims, sale of goods, debt, and claims for return of goods.

 

Dominic regularly presents seminars on matters falling within his areas of specialty and his happy to discuss the provision of in-house training.  Dominic recently took part in a day-long seminar dealing with all aspects of agricultural law.

 

 

The Directories

 

“His technical expertise is first-rate.”
(Legal 500 2018)

 

 

“A robust and very approachable barrister.”
(Legal 500 2018)

 

 

"His advice is concise and practical and he's personable with clients." "Thoughtful, careful and a safe pair of hands."
(Chambers and Partners 2018)

 

 

“Incredibly thorough and completely trustworthy. Very practical in his approach as well." "Easy to deal with, pragmatic, experienced and technically capable. He is a standout."
(Chambers and Partners 2018)

 

 

“His client manner is where he excels: he explains things in a clear way and understand the underlying issues really well.”
(Chambers and Partners 2017)

 

 

“I think he is extremely good, his advice is always very clear and pragmatic.  He is also very reliable, he has never let me down”
(Chambers and Partners 2016)

 

 

“As a former solicitor himself, he understands what is useful to the professional client.” “He is tremendous on his feet. He is not given to grandiose gesturing or posturing; he very much sticks to the facts and that seems to impress judges.” 
(Chambers and Partners 2015)

 

 

“He is widely tipped for an impressive future in the Chancery Bar. He is regularly engaged on wills and probate disputes and property law matters.” “He has great integrity, he’s very good in court and he always goes the extra mile. He takes a very modern, pragmatic approach – I have nothing but praise for him.”
(Chambers and Partners 2015)



Examples of Recent Experience

 

 

Real Property

 

  • Chancery Division – rights ancillary to an easement of access where property developer sought to redevelop roadway running over land belonging to private individuals
  • Chancery Division – developer of residential estate failed to transfer shares in management company to freehold owners – construction of sale agreements
  • Chancery Division – dispute between two adjacent rural properties over existence of private water rights
  • Chancery Division – boundary dispute between residential properties
  • County Court Business and Property List – dispute between commercial properties over boundary and location of wall, encompassing proprietary estoppel, trespass, nuisance, and boundary agreements
  • Lands Chamber, Upper Tribunal – application to modify restrictive covenants on grounds of obsolescence
  • Land Registration Division, Property Chamber, First-tier Tribunal – application to set aside historic transfer of property based on fraudulent execution of documents
  • Land Registration Division, Property Chamber, First-tier Tribunal - adverse possession reference between owner of a large farm and owner of small adjacent building
  • Land Registration Division, Property Chamber, First-tier Tribunal – determination of boundary between residential properties using extrinsic evidence
  • Regularly advises on, and drafts pleadings in relation to, all areas of real property (including constructive/resulting trusts and proprietary estoppel), as well as nuisance and trespass in relation to land

 

 

Landlord and Tenant

 

  • Instructed on behalf of both landlords and tenants in relation to dilapidations claims
  • Regularly advises, drafts pleadings, and appears in court on claims concerning breaches of lease
  • Regularly advises on questions of interpretation of leases
  • Has appeared on behalf of landlord in Residential Property Division, Property Chamber, First-tier Tribunal concerning breach of long lease to obtain order necessary prior to serving notice under Section 146 Law of Property Act 1925

 

 

Wills, Probate and Trusts

 

  • Advising, drafting, and appearing in court in relation to:
  • applications under CPR Part 64 for determination of questions arising in the estates of  deceased persons and in inter vivos trusts
  • claims to remove or substitute personal representatives of estates
  • claim under the Inheritance (Provision for Family and Dependants) Act 1975 in relation to a large, illiquid estate
  • claim under the Variation of Trusts Act 1958 in relation to a large estate where a sudden, unexpected death left minor beneficiaries without provision
  • claims regarding rectification of wills
  • construction of wills

 

Other Chancery

 

  • Court of Protection work
  • Claims under the Presumption of Death Act 2013
  • Professional negligence claims arising from chancery work
  • Insolvency applications such as applications for administration orders, and applications to restrain presentation of winding-up petitions
  • Applications under Section 994 of the Companies Act 2006
  • Partnership and LLP Disputes (including agricultural partnerships) including property rights, breach of fiduciary duties, and liability and quantum on dissolution

 

Commercial

 

  • Trial over terms of purchase for a smokehouse where one contracting party was deceased
  • Trial over liability for a faulty supermarket floor under the Supply of Goods and Services Act 1982
  • Trial over liability for a faulty racing car engine under the Sale of Goods Act 1979.
  • Regularly advises on, and drafts pleadings in relation to, interpretation of contractual terms and breach of contract.

 

Reported Cases

 

  • Re Sampson [2017] UKUT 127 (LC): modification of restrictive covenants on grounds of obsolescence under Section 84 Law of Property Act 1925
  • Smith v Bottomley (1) Coach House Properties Ltd (2) [2013] EWCA Civ 953: claim under the Trusts of Land and Appointment of Trustees Act 1996 relating to a promise made to cohabitee with regard to future ownership of property by company prior to incorporation of company
  • Singh & Ors v Singh & Ors [2013] EWHC 956 (Ch) (HHJ Purle QC): circumstances in which couple entered into lease of supermarket and lawfulness of their eviction
  • Bernice Thomas v Clydesdale Bank PLC (t/a Yorkshire Bank) [2010] EWHC 2755 (QB) (Ramsey J): meaning of ‘actual occupation’ under Land Registration Act 2002

 

 

Career and Associations

 

  • Chancery Bar Association (formerly north-eastern circuit representative)
  • Northern Chancery Bar Association
  • Property Bar Association
  • North-eastern Circuit Commercial Bar Association
  • North-eastern Circuit

 

Education and Professional Qualifications

 

  • Called to the bar, 2006
  • admitted as solicitor, 2004
  • Inns of Court School of Law: Diploma in Legal Practice (distinction), 2002
  • City University, London: Diploma in Law, 2001
  • The Queen’s College, Oxford: B.A. Literae Humaniores (Classics), 2000 (M.A. 2003)

 

Privacy notice


Dominic collects, uses and is responsible for your personal information collected during the course of providing legal services as a barrister. He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation.


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You can download copies of these policies here: (1) privacy policy (2) data retention policy .  Hard copies are available on request by contacting any branch of Enterprise Chambers.