Evan Price

Evan Price’s extensive cross-practice knowledge has him uniquely placed to advise on matters which require a strong command of all aspects of Chancery law. He is regularly instructed to resolve matters involving broad and knotty issues that require urgent assistance.

Evan’s practice and expertise includes, litigation involving trusts and estates, property and insolvency law. He has recent and current experience of dealing with matters relating to companies and shareholders (including unfair prejudice), partnership, taxation (including SDLT) and professional negligence. He also advises families in relation to non-contentious probate matters and capital taxes.

Commercial & Business Disputes

Taxation

Evan is currently advising clients in relation to SDLT issues arising from a restructuring of property assets.

Reported Cases:

• Johnson v Revenue & Customs Commissioners [2008] STC 2179: Income tax, penalty, proceedings, general commissioners imposing penalty on taxpayer for failing to comply with request for documents, whether general commissioners erring.
• Scout Association Trust Corporation & Ors v Secretary of State for the Environment [2005] STC 1808: Lands Tribunal, compensation for compulsory purchase, VAT, Sheldon ruling
• Keston & Anr v IRC [2004] STC 902: Tax, stamp duty, avoidance
• Monarch Assurance Plc v IRC [2001] STC 1639: Tax, administrative law, insurance, qualifying policy.

Civil Procedure & Costs

Recent application for costs against a third party.

Reported Cases:

• Steffen Hair Designs (a firm) v Wright & Anr [2004] All ER (D) 354 – Injunction to restrain breach of restrictive covenant in employment contract, balance of convenience, exercise of discretion.
• Universal Information Technology Group Ltd v Unitech Complete Computing Ltd [2004] All ER (D) 32 – Civil costs, order for costs, discretion, parties reaching settlement before trial, consideration of relevant facts.
• Roto Packaging Materials Co Llc v Latest Technology & Products Ltd & Ors [2004] All ER (D) 422 – Civil costs, security for costs, order, jurisdiction to make order, CPR Part 25.13.
• Wyrill & Anr v Ashleigh Homes & Anr [2003] All ER (D) 76 – Summary judgment, defendant having no reasonable prospect of defending the claim.

Company Law & Insolvency

Recent cases concerning a dispute between shareholders and a dispute between then giving rise to an unfair prejudice claim.

Reported Cases:

• Re HSBC Bank Plc [2005] All ER (D) 362: Companies, insolvency, winding up, application to restrain presentation of petition, debt disputed on substantial grounds, consideration of relevant facts.
• Dulai and anr v ISIS Factors Plc & Anr [2003] 2 BCLC 411: Companies, register of members, rectification, s.359 Companies Act 1985.
• Lawrence v Cullen (a bankrupt) & Another [2002] All ER (D) 67: Bankruptcy, trustee in bankruptcy, application for possession of bankrupts’ property, judge granting application in absence of bankrupts, bankrupts applying to set aside judge’s decision, judge refusing bankrupts’ application, whether judge correct, CPR 39.3(5)(b), (c).
• Re HSBC Bank Plc [2005] All ER (D) 362: Companies, insolvency, winding up, application to restrain presentation of petition, debt disputed on substantial grounds, consideration of relevant facts.
• Lawrence v Cullen (a bankrupt) & Another [2002] All ER (D) 67: Bankruptcy, trustee in bankruptcy, application for possession of bankrupts’ property, judge granting application in absence of bankrupts, bankrupts applying to set aside judge’s decision, judge refusing bankrupts’ application, whether judge correct, CPR 39.3(5)(b), (c).
• Cullen v Whinhurst Investments Ltd & Another [2001] All ER (D) 74: Bankruptcy, appeal, appeal from bankruptcy order, proceedings between landlord and tenant, landlord obtaining order for payment of interim rent, whether notice of bankruptcy served after final judgment or order, whether bankruptcy order a nullity.
• Sharma v Joy [2001] All ER (D) 328: Bankruptcy, set-off of damages for breach of covenant to repair against claim for rent.