Profile

Christopher McCauley BA (Hons), LLB (Hons), LLM. LLM

Called to the Bar 
2009 Middle Temple 
Practice areas:


Contentious probate and trust disputes
Property
Company, commercial and partnership
Insolvency 

Practice summary 
Christopher is a Chancery Barrister who specialises contentious probate and trust disputes, the law of real property (in particular claims involving easements, boundary disputes, trusts of land or proprietary estoppel) and landlord and tenants disputes (commercial and residential)
Contentious probate and trust disputes
Christopher is regularly instructed in contentious probate matters and trust disputes and has a particular interest in claims involving testamentary capacity, want of knowledge and approval, the execution of wills, undue influence, fraudulent calumny, the removal of executors and fiduciary duties.
Further, Christopher has also been instructed in cases concerning the interpretation of wills, the Inheritance Act, executor's duties, Beddoe orders, constructive and resulting trusts, the severance of beneficial joint tenancies, strict settlements, trusts for sale, the partition of co-owned land, breaches of fiduciary duty, proprietary estoppel, Pallant v Morgan constructive trusts, protective trusts, replacing trustees and challenges to declarations of trust. 
Property 
Christopher is regularly instructed in property matters and can advise you, draft pleadings for you and/or represent you at interim hearings, trials and appeals.
The core areas of Christopher's property practice are cases involving easements, boundary disputes, forfeiture, trusts of land and proprietary estoppel.
However, Christopher's practice covers most areas of property law and his recent property practice has included cases involving adverse possession, boundary disputes, charges and mortgages, the construction and enforcement of covenants, commercial property (consents, dilapidations, forfeiture, 1954 Act, lease renewals, surrender) and residential landlord and tenant (disrepair, possession, rent repayment orders, quiet enjoyment, sham leases, succession, tenancy by estoppel), easements (rights of way, rights of light, rights of drainage, rights of support), escheat, land registration and rectification of the register, ownership of airspace, the Party Wall Act, part performance, proprietary estoppel, property related insolvency, restrictive covenants, service charges disputes, shared ownership, strict settlements, trusts for sale and trusts of land.
Some examples of his recent work include:


Successfully representing a client in an appeal relating to the creation of easements.
An appeal concerning points on proprietary estoppel, restitution and Pallant v Morgan constructive trusts; 
Successfully representing a client in a trust of land dispute where a challenge was made to a declaration of trust;
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;
Representing clients in claims for injunctions where there have interferences with rights of way, interference with rights of light and issues relating to compliance with the Party Wall Act; and
Successfully representing commercial landlords in claims for possession following forfeiture

Commercial, Company and Partnership

Christopher has experience in a wide range of commercial matters and examples of his recent work include: 



Successfully representing a client in an 11 day company law trial that concerning breaches fiduciary duty and unlawful means conspiracy; 
Successfully representing a large telecomunications in libel proceedings, at first instance, and in the subsequent appeal proceedings; 
Successfully representing a director in a claim involving allegations of breaches of fiduciary duty, an attempt to rely on past consideration to support a variation of contract and the enforceability of a personal guarantee; 
A 3 day trial, arising from the sale of business, involving a claim for an account of profits and specific performance; and
A number of claims relating to the enforceability and construction of personal guarantees   

 Insolvency Christopher has recently been instructed in matters relating to transactions at an undervalue, preferences, post-petition dispositions, subrogation, applications to set aside statutory demands, bankruptcy petitions and whether there are exceptional circumstances to postpone an order for sale.
Professional memberships 
Chancery Bar Association
Property Bar Association  


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