Christopher McCauley

Called to the Bar
2009 Middle Temple

Christopher has a Chancery practice with a particular focus on property related matters and he has recently been instructed in claims relating to express and implied trusts of land, easements, charging orders, dilapidations, injunctions, commercial and residential landlord and tenant, breach of covenant, shared ownership, the Party Wall Act 1996, possession of land, orders for sale, restrictive covenants, relief from forfeiture, sham leases, succession and tenancy by estoppel. Examples of his recent work include:
- Successfully representing a client in a multi-track TOLATA trial where there was a challenge to a declaration of trust;
- Successfully representing a client in a multi- track trial in a dilapidations claim;
- Successfully establishing exceptional circumstances in a claim for an order for sale;
- Successfully representing a client in a 5 day partnership dispute relating to a trust of land. The claim involved arguments about breach of fiduciary duties, limitation, laches and acquiescence.
- Representing clients in claims for injunctions where issues relating to interference with rights of light, interference with rights of way and the Party Wall Act 1996 have been raised;
- Successfully representing a commercial landlord in a claim for possession, following forfeiture, where there was an issue relating to whether a tenant had granted a sub-tenancy in breach of covenant;
- Advising on the succession provisions in the Rent Act 1977 and the Housing Act 1985.
- Advising on the enforceability of restrictive covenants

Commercial, Company and Partnership
Christopher is regularly instructed in commercial, company and partnership matters and he has particular interest in fiduciary relationships. Christopher’s clients range from large international corporations to small businesses and individuals and he has been instructed in matters relating to acquiescence, agency, assignment, breach of confidence, breach of fiduciary duty, collateral contracts, construction of contractual terms, conversion, consumer protection, copyright, debentures, defamation, derivative actions, directors’ duties, estoppel, equitable remedies, factoring agreements, gains based damages, guarantees, implied terms, indemnities, laches, misrepresentation, partnership disputes, piercing the corporate veil, penalty clauses, rectification of the share register, rescission, repudiation, sale of goods, sham contracts, supply of services, specific performance, unjust enrichment, unfair prejudice and waiver. Examples of his recent work include:
- Successfully representing an international telecommunications company in libel proceedings, at first instance, and in the subsequent appeal proceedings;
- Successfully representing a director in a claim involving allegations of breach of fiduciary duty, an attempt to rely on past consideration to support a variation of contract and the enforceability of a personal guarantee;
- Successfully representing a company in a claim relating to the Sale of Goods Act 1979;
- A 3 day trial, arising from the sale of a business, involving a claim for an account of profits and specific performance;
- A number of claims relating to the enforceability and construction of personal guarantees;
- Several claims relating to misrepresentation and collateral contracts;
- Advising on proceedings relating to rectification of the share register and unfair prejudice.

Christopher appears in the High Court and District Registries in insolvency matters and has recently been instructed in matters relating to transactions at an undervalue, preferences, post-petition dispositions, applications to set aside statutory demands, bankruptcy petitions and whether there are exceptional circumstances to postpone an order for sale.

Christopher has a particular academic interest in the law of restitution and has recently represented, and advised, clients in claims for restitution for wrongs and claims for restitution for unjust enrichment arising from mistaken payments, money had and received and quantum meruit.

Trusts, Wills and Probate
Christopher has a growing private client practice and has recently advised on the distribution of an estate under the intestacy rules, constructive and resulting trusts, gifts, breach of fiduciary duty and oral declarations of trust.

Professional Memberships
Chancery Bar Association
Property Bar Association

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