Gabriel Buttimore

Date of Call 1993

Extensive experience of commercial litigation, shareholder disputes, trusts, probate, property disputes (including landlord and tenant), professional negligence and insolvency. Significant cases include:

  • Re Lavin (Deceased) [2009] EWHC 2597 (Ch): probate dispute over validity of a will involving clash of expert and factual evidence. Successfully appealed to the Court of Appeal and currently awaiting a re-trial.
  • Chan v Chen [2009] EWHC 1489 (Ch): constructive trusts and beneficial ownership of property.
  • London District Properties Management Ltd v Goolamy [2009] 1 WLR 307: statutory appeal determining whether contractual rent review provisions purporting to apply after end of fixed term overridden by statutory scheme under S.13 of the Housing Act 1988.
  • Secretary of State for Trade and Industry v Vohora [2008] Bus. L.R. 161: limitation: when proceedings are brought for the purposes of the Company Directors Disqualification Act 1986.
  • Revenue and Customs Commissioners v Potter [2008] B.P.I.R. 1033. Corporate personality, exceptional circumstances for exercise of residual discretion to set aside statutory demand based on  VAT assessment in the sum of £2m arising out of alleged carousel fraud.
  • Raja v Hoogstraten [2007] EWHC 2551 (Ch): costs judgment in part of long running litigation.
  • TG Van Ltd v Crown Packaging UK Plc [2007] EWHC 572 (QB): commercial litigation arising of a substantial supply contract.
  • Simtel Communications Ltd v Rebak [2006] 2 B.C.L.C. 571: directors duties, breach of fiduciary duty and conspiracy to injure.
  • Francis v Barclays Bank Plc [2005] P.N.L.R. 18: loss of chance, professional negligence of surveyor acting for bank and duty to those interested in the equity of redemption.
  • Posner v Shah [2005] EWHC 1063: test for the exercise of the court's discretion where freezing order and proceedings settled.
  • Mawj v Mawj (2003): free-standing freezing order obtained in aid of proceedings in Kenya.
  • Salako Agents v Aerometal (2002): High value commercial litigation arising of development agreement.
  • St Merry Meat Ltd v Hawkins Daily Telegraph, July 10, 2001 [2001] C.P. Rep. 116 application to discharge freezing successful by reason of non-disclosure of unauthorised bugging of private residence and breach of Article 8(1) of the European Convention on Human Rights.
  • Re Randall, Chancery Division, 7 July 2000: presumption of undue influence and rebuttal. 
  • Manel v Memon [2000] 2 EGLR 40, CA: Section 20 Housing Act 1988 notice invalid by reason of omission of certain statutory information
  • Salvidge v Hussein [2000] B.C.C. 36: the court was not fettered by Ladd v Marshall [1954] 1 WLR 1489 for the purposes of admitting fresh evidence in an appeal against a refusal of an application to set aside a statutory demand

 

Qualifications

1990:  University of East Anglia LLB

1992:  Inns of Court School of Law Bar Finals