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Samuel Laughton

"Relates to clients and assimilates large amounts of detail quickly."
(Legal 500 2018)

Samuel Laughton’s practice encompasses a broad range of Chancery litigation and advisory work, with a particular focus on both commercial and private disputes relating to property.

He is particularly skilled in multidisciplinary litigation, drawing on his expertise in: land contracts; restrictive covenants and easements; commercial and residential landlord and tenant; personal and corporate insolvency; commercial disputes and company law; family and corporate trusts; wills, probate and the administration of estates; and professional negligence arising out of these fields.

Property

Sam is a real property specialist, with a deep understanding both of traditional property principles and of the modern laws based on land registration: as well as wide experience in the common law and statute-based rules of landlord and tenant (including leasehold enfranchisement).

Reported Cases:

  • Abdulla v Whelan [2017] 1 WLR 3318: The legal estate in a lease held on trust by a bankrupt and her co-tenant on behalf of themselves was “property held on trust for any other person” within the Insolvency Act 1986 s.283(3) and so was excluded from the bankrupt’s estate. A disclaimer served by the trustee in bankruptcy therefore did not end the legal estate in the lease or the bankrupt’s liability to pay rent.
  • Collins v Collins [2015] EWHC 2652 (Ch), [2016] 2 P & CR 6: A gift of the equitable interest in an entirely landlocked piece of land that was intended for commercial development gave rise to equitable and legal easements for access by commercial vehicles over other land in the settlors’ sole ownership. It was fanciful to suggest that there had been an intention to make a gift of the whole equitable interest in an entirely landlocked piece of land that was intended for commercial development but with no means of vehicular access.
  • Yeates v Line & Field [2013] Ch 363: An appeal to the High Court from the Adjudicator to HM Land Registry, concerning the question of whether s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 applied to an oral settlement agreement concerning an adverse possession dispute and an application to alter the register. The judge found that it did not, holding that although the ‘effect’ of the agreement was to dispose of an interest in land, that was not the ‘purpose’ of the agreement, thus extending the reach of the Court of Appeal decision in Joyce v Rigolli [2004] EWCA Civ 79, [2004] 1 P & CR D55.
  • 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.
  • 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.

Recommendations


‘Relates to clients and assimilates large amounts of detail quickly.’

Legal 500 2018 - Property Litigation (Tier 1)

‘Able to provide accurate and accessible advice at very short notice.’

Legal 500 2018 - Agriculture (Tier 1)

“Able to provide accurate and accessible advice at very short notice.”

Legal 500 2018 - Agriculture

“Relates to clients and assimilates large amounts of detail quickly.”

Legal 500 2018 - Property Litigation

“Without parallel at his level.”

Legal 500 2017 - Property Litigation

“Very persuasive in court.”

Legal 500 2017 - Property Litigation

“Excellent.”

Legal 500 2016

“A go-to barrister for all complex property and land related issues.”

Legal 500 2015

Qualifications


  • BA Hons, Cambridge University

Associations & Memberships


  • Chancery Bar Association
  • Property Bar Association

Publications


Author of Westlaw UK Insight entries on:

Easement; Quasi-Easement; Right of Way; Right to Light

Speaking Engagements


Sam Laughton delivers talks at Ten Old Square seminars as well as in-house seminars for chambers’ clients.

For more information and advice

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

Social links


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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.

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