People

Stephen is regularly instructed in landlord and tenant matters, both residential and commercial. Stephen also regularly deals with applications for anti-social behaviour injunctions and associated contempt proceedings. He has provided advice and representation in disputes over easements, restrictive covenants and boundaries. Notable recent work includes:

• Advising a holiday park owner on the recoverability of service charges and ground rent.
• Advising a homeowner on a claim involving trespass, nuisance and harassment arising from a dispute with his neighbours.
• Advising a landlord on the recovery of unpaid service charges where the new tenant had for some years failed to register his lease.
• Providing regular advice, drafting and representation in possession matters involving vulnerable tenants defended on EqA and public law grounds.
• Representing a commercial landlord in a possession matter defended on the basis that the section 25 notice was invalid as served during the registration gap.
• Advice, pleadings and representation in disrepair matters for both claimants and defendants.

Stephen has provided advice, pleadings and representation in various TLATA matters, including applications for orders for sale and equitable accounts, and possession proceedings defended on the basis of implied trusts and proprietary estoppel.

Notable recent work includes successfully representing (in a 4-day trial) the owner of petrol station complex in a possession claim in which the Defendant counterclaimed asserting a common intention constructive trust, and representing a private landlord in a possession claim in which proprietary estoppel was (unsuccessfully) claimed as giving rise to a life-interest trust. Stephen has also advised on the enforcement of a financial settlement in a cross-border divorce where the dispute centred on property in England, requiring consideration (where both parties had remarried) of whether TLATA proceedings were appropriate.

This is a developing area of Stephen’s practice. Notable recent work includes providing advice and representation in an Inheritance (Provision for Family and Dependants) Act 1975 matter and representing the respondent to an application by the trustees of a will trust for directions as to whether his right of residence had come to an end.

Stephen regularly provides advice, pleadings and representation in personal injury matters covering RTA and public/employer’s liability disputes. He has dealt with a wide range of interim applications, including successful applications for pre-action disclosure, and he is well-versed in the FRC regime (including its interaction with CPR Part 36)). Notable recent work includes advising and drafting particulars of claim in relation to a cycling crash caused by a pothole, which led to a successful settlement despite the tendency of the particular defendant to run such claims to trial.

Stephen has also notably succeeded in an Animals Act 1971 matter on behalf of a dog owner alleged to have bitten a postman.

Stephen is able to deal with all aspects of personal insolvency litigation, including contested statutory demands, bankruptcy petitions, annulments, IVAs and sale and possession of property. He regularly advises and appears before local Judges in such matters. Stephen is also developing his experience of corporate insolvency law.

In terms of contractual matters, Stephen deals regularly with consumer building disputes, debt actions and disputes involving businesses in the South West. Notable recent work includes:

• Successfully opposing (before a Judge in the High Court) an application for an injunction to restrain interference with the operation of a business.
• Advising on the merits of a fraud action in relation to PPE sold during the Covid-19 pandemic.
• Advising on the merits of a civil claim where an employee was believed to have stolen and “fenced” company property to a local competitor.
• Advising on the risk of copyright infringement in relation to the use of an AI music generator to create shareable content by a public body.
• Advising on whether a guarantor agreement was voidable for misrepresentation on Etridge principles.

Stephen is ready to act for interested parties in inquest hearings, and at other stages of the inquest process. He has previously represented a mental health trust where a man had taken his own life. This is a developing area of expertise for Stephen in which he is able to draw on his experience of personal injury and public law.

Stephen has advised on a range of disputes concerning breach of contract and duty. Notable recent work in this area includes advising on a claim against a valuer and advising and drafting particulars of claim in relation to negligent will writing.