| Samuel Laughton was called to the
Bar in 1993, and his practice encompasses a broad range of Chancery and
commercial litigation and advisory work.
He specialises in all aspects of
property litigation, including residential, business and agricultural tenancies,
mortgages, restrictive covenants, easements and boundary disputes; personal
and corporate insolvency; commercial disputes and company law, including
directors' disqualification; wills probate and administration of estates;
charities; and professional negligence arising out of these fields.
He is a member of the Chancery Bar
Association and the Property Bar Association.
Samuels reported cases include:
Barrett v Halifax [1995] 28 HLR
634 - A court order granted leave to mortgagors to sell the mortgaged property
at a price less than the sum secured and to pay outgoings of the sale from
the proceeds of sale.
Gibbons v Nelsons [2000] PNLR 734
- A solicitor owed a duty of care to a testatrix to ascertain her specific
intention in relation to property over which she held a general power of
appointment, and to ensure that the terms of her will accorded with that
intention.
Re a debtor (No 2477 of 2001) [2001]
All ER (D) 85 - An appeal against a refusal to grant a bankruptcy order
was dismissed since the relevant agreement was not binding on the debtor.
Even if he was, then he was jointly and severally liable with the other
co-founders, none of whom had signed the agreement. That was more of a
liability than the debtor had ever intended to bear.
Tyrell v Tyrell [2002] All ER (D)
134 - A testator's will left his residuary estate on trust to be divided
equally among his grandchildren. However, only two of the names identified
in the will were those of his four grandchildren: the other two were the
wife and daughter of one of the grandchildren identified in the will. On
the true construction of the will the testator's estate would be divided
equally among his grandchildren.
Qayoumi v Qayoumi [2002] All ER
(D) 353 - A consent order was set aside in circumstances where a device
had been employed to mislead the court.
Gill v Tsang [2003] All ER (D)
175 - The court was not limited, in working out an order for specific performance
of a contract, to the strict and precise terms of that contract. The court
was giving effect to an equitable remedy on equitable principles; by doing
so, it was indeed enforcing and giving effect to the substantive elements
of the contract, of which specific performance had been ordered.
Re Burton Marsden Douglas (a firm)
[2004] 3 All ER 222 - A new partnership of solicitors was not treated as
having taken over the debts of a previous partnership since the old partnership
obligations had not been novated, lacking the agreement of the new partners
and the creditor, or consideration. Furthermore, s.71 of the Solicitors
Act 1974 did not by itself create a liability to make repayments on the
part of someone who would not otherwise be subject to that liability.
Ani v CCS Communication Control
Systems [2004] All ER (D) 309 - The claimant was entitled to judgment in
respect of a sum of $US190,000 which he had paid towards a distribution
agreement that the parties had never in fact effected; the contract entitled
the defendant only to retain an initial payment of $US10,000 in those circumstances.
Choudhury v Choudhury [2006] All
ER (D) 340 - The court found that, subject to certain allocations, two
brothers in a large Muslim family together dealt with certain family assets
with a view to increasing their value for the benefit of members of the
family faction that had interests in various properties, in proportion
to shares agreed under mediation governed by Shariat law.
Power v Stanton [2010] 42 EG 110
- It was held that the death of a landlord does not mean that his successor
in title cannot be identified or found within the meaning of s.50(1)(b)
of the Leasehold Reform, Housing and Urban Development Act 1993. Rather,
a s.42 notice under that Act can be served in such circumstances either
on the executors of an unproved will or by using s.18(1) of the Law of
Property (Miscellaneous Provisions) Act 1994.
Sam
Laughton is a self-employed, independent barrister whose practice is governed
by the Code of Conduct of the Bar of England and Wales. He is registered
with The Bar Standards Board [Bar Ref 29922] and is fully insured with
the Bar Mutual Indemnity Fund [BMIF Ref 2360/049] to provide legal services,
please refer to the BMIF
website for full details of the world-wide cover provided. He is registered
for VAT under the reference 628116449. If you wish to contact Sam Laughton
please do so by telephone to 00 44 (0) 20 7405 0758 or by email to clerks@tenoldsquare.com
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