Christopher Buckingham

Christopher’s practice covers a wide spectrum of property law, including conveyancing, mortgages, easements, boundary disputes, restrictive covenants, proprietary estoppel and all aspects of commercial and residential landlord & tenant. Examples of recent work:

• 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: OneSubsea UK Limited v Persons Unknown;
• 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): Toon v Bowerman;
• Represented the mortgagors challenging the enforceability short term, high value secured lending: UK Acorn Finance Limited v Proserpina Limited.

Christopher is regularly instructed on an array of applications arising out of corporate and personal insolvency. He work includes applications to set aside statutory demands, bankruptcy and winding up petitions, applications brought by office-holders to set aside antecedent transactions and misfeasance claims. Examples of recent work:

• Appeared for Administrators on an application concerning the status of funds collected on behalf of an insolvent firm of solicitors;
• Acted with Hugo Groves 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;
• Advised a liquidator on the merits of a possible misfeasance and/or preference claim;
• Represented the alleged debtor on a contested bankruptcy petition, which was determined, in his favour, after cross-examination: Re Ward.

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

• Instructed in a multi-million pound arbitration concerning an international sale of goods dispute.
• 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 a dispute concerning the supply of an incident management system at the UK’s Atomic Weapons Establishment;

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:

• An application for payment out of Court of trust funds to satisfy a costs order made in favour of the Applicants: Hofschröer v Hofschröer;
• Defended an application brought by beneficiaries of a discretionary trust to compel the trustees to provide certain information and make distributions: Norris v Norris;
• 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.

Since being appointed to the Attorney General’s Regional B Panel of Junior Counsel to the Crown, Christopher has acted regularly in applications brought under the Company Directors Disqualification Act 1986.