Housing

Dalton -v- Forhousing Limited (Unreported, Manchester County Court,19 June 2023) - Gary represented the successful landlord-defendant in one of the first trials of its kind to consider the application of the unfitness for human habitation provisions during which the parties' experts attended trial for cross-examination. The judgment can be found via the following link:

dalton_-v-_forhousing_judgment__002_.pdf

City West Housing Trust -v- Lindsey Massey & Vincent Roberts -v- Manchester& District Housing Association [2016] EWCA Civ 704 – Gary represented the successful tenants at all stages of the litigation (including both in the Court of Appeal and on paper in the Supreme Court) in cases which concerned the interpretation of the test for suspending possession orders as set out in Sandwell v Hensley [2007] EWCA Civ 1425. In doing so, Gary was the first advocate before Vos LJ to have persuaded him to grant permission in a renewed oral application where he had refused permission on the papers. Further, Gary was co-responsible for drafting the notice of objection and written submissions which were considered by the Supreme Court in dismissing the proposed appeal from the Court of Appeal. The judgment can be found via the following link: 

Smith -v- Contour Homes (Unreported, Manchester C

city_west_-v-_massey_judgment__002_.pdf

County Court,12 May 2016) - Gary represented the successful landlord-respondent in one of the first cases of its kind to consider and apply the Supreme Court guidance in Ackerman-Livingstone -v- Aster Communities [2015] UKSC 15 in a residential landlord and tenant context. The judgment can be found via the following link: 

Smith_-v-_contour_homes_judgment.pdf;

Zeeshan & Zeeshan v Mahmood (27th October 2017, Manchester County Court) - Gary represented the Claimants following an unlawful eviction and secured findings of dishonesty and a judgment in the sum of £36,250. The case note can be found via the following link:

https://nearlylegal.co.uk/2017/10/deposits-lies-unlawful-evictions/

Represented the Respondent in a 3-day public inquiry concerning the compulsory purchase of a property in Salford which gave rise to issues under the Equality Act 2010

Represented the successful landlord in resisting allegations of unlawfulness to an urgent anti-social behaviour injunction granted during the COVID-19 pandemic and involving complex issues arising under emergency legislation under the Health Protection (Coronavirus Restrictions) (England) Regulations 2020.

Onward Homes -v- McGill (Unreported, St Helens County Court, 25 September 2020) - almost immediately following the lifting of the stay on possession proceedings imposed as a result of the COVID-19 pandemic, Gary represented the landlord at trial and secured an outright possession order in a claim arising out of the serious criminality of a joint tenant at the centre of what is widely reported to be one of the country's biggest ever benefit fraud cases at nearly three-quarters of a million pounds. The news article concerning the collateral criminal proceedings can be found via the following link:

https://www.bbc.co.uk/news/uk-england-merseyside-49151801

Chancery

Stockport MBC v Alexander & Others (8th August 2023, HHJ Bird, Manchester High Court, Kings Bench Division) - Gary represented the successful Defendant following a two-day contempt trial before the DCJ of Manchester, HHJ Bird. The committal application sought an order for immediate imprisonment alleging the breach of a mandatory planning injunction granted under the Town and Country Planning Act 1990. Although breach was admitted, Gary persuaded the Court that the contempt was not made out to the criminal standard based upon a defence of impossibility and the fact that a document required to be submitted to comply with the injunction did not exist as at the date fixed for compliance.

Deb-Nath v Das(4th October 2022, HHJ Gosnell, Leeds County Court) -Gary represented the successful Defendant in resisting an application for permission to pursue a committal application following a finding of fundamental dishonesty at trial. The application was dismissed on technical grounds and as not being in the public interest in the circumstances where the insurer did not have sufficient subrogation rights to issue an application in the name of the insured and where there had been non-compliance with the requirements of CPR Part 81 when issuing the application. The judgment can be found on Westlaw and via the following link:

deb-nath_-v-_das_approved_transcript_of_judgment.pdf

Acted for claimant homeowners throughout long-running, multi-track boundary dispute proceedings. Gary secured favourable declaratory relief, damages and a costs order following a settlement meeting less than a month before a 4-day trial listing

Represented the estate in its successful opposition to an application for permission to issue a claim out of time under Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 in circumstances where there had been a 4-month delay

Appeared as a junior in a 10-day trial in the High Court concerning allegations of fraud in the execution of a trust deed

Represented Defendants in complex multi-track proceedings in which the Claimant sought to set aside the transfer of a property on the grounds of mistake, non-est factum and duress. Despite being listed for 4 days, Gary was successful in having the claim dismissed following half a day cross-examining the Claimant

Represented the Defendant in a complex 4-day mortgage possession case concerning the application of the "unfair relationship" provisions and evidential issues between the parties spanning over 20 years

Represented the Applicant in obtaining a worldwide freezing inunction in the High Court arising out allegations of undue influence and the transfer of significant assets in Pakistan

Secured a six-figure settlement with enforceable security for a mortgagee the day before a 3-day trial listing in multi-track proceedings where the enforceability of the mortgage was in issue due to, amongst other things, alleged regulation under the Financial Services and Markets Act 2000 and allegations of fraudulent misrepresentation. 

Commercial

As part of his Attorney General Panel work, Gary has represented the Secretary of State for Business and Trade in a number of notable cases arising out of directors securing COVID-19 bounce-back loans on fraudulent bases. These include securing four conjoined winding-up orders on public interest grounds and a 9 year disqualification order in High Court proceedings.

Nambiar v Solitair Limited [2002] EWCA Civ 1135, [2021] EWHC 49 (Comm) – Gary was instructed by the appellant first in respect of sentencing in the High Court and later on paper and in person as an unled junior in the Court of Appeal. The complex case concerned, in part, committal proceedings and a finding of contempt of court in respect of an interim injunction granted in the Circuit Commercial Court as a result of allegations of breach of fiduciary duties, the misuse of confidential information and the misappropriation of funds. The judgments can be found via the following links: https://www.bailii.org/ew/cases/EWHC/Comm/2021/49.html / https://www.bailii.org/ew/cases/EWCA/Civ/2022/1135.html

Christiana Properties Limited -v- Annauth [2017] EWCA Civ 1070 – Gary represented the successful appellant on appeal in the Court of Appeal in a case which concerned the construction of a compromise agreement relating to the repayment of rent arrears arising out of a commercial lease between the appellant-landlord, the respondent-tenant and a third party guarantor. The judgment can be found via the following link: christiana_properties_limited_-v-_annauth_[2017]_ewca_civ_1070.pdf

Acted for a commercial estate agent in a multi-day trial before HHJ Beech in a case concerning the enforceability of a sole selling rights agreement entered into in respect of a multimillion pound business sale which included, amongst other things, allegations of mistake and misrepresentation. Gary secured a six figure settlement for his client after the third day of trial despite both liability and quantum initially being disputed in full

Gary was led by Stephen Cogley QC in the High Court before His Honour Judge Hodge QC and was successful in securing the dismissal of a winding-up petition in the sum of over £400,000 arising out of a complex dispute concerning allegations of unlawful eviction and breach of fiduciary duty by an alleged co-venturer.

Represented the Applicant-liquidator in obtaining a freezing injunction and a search and seizure order arising out of litigation in the High Court concerning the alleged transfer of intellectual property rights

Represented the Applicant-liquidator in director misfeasance proceedings against three directors in the High Court. Gary was successful in opposing an application for relief from sanction by one of the Respondent-directors in circumstances where a disclosure deadline had been missed by 1 day

Represented the Respondent-director in director disqualification proceedings listed for 5-days in the High Court

Represented the successful commercial landlord in multi-day, six-figure rent recovery proceedings defended in reliance upon rent suspension provisions within the lease alongside arguments of estoppel and surrender by operation of law

Appointments

Attorney General panel of Junior Counsel to the Crown (Panel C).

Awards

• Lord Denning Scholarship (Lincoln's Inn)
  

• Bar Course Accreditation for highest overall score in Civil Litigation (Manchester Metropolitan University)
  

• Elizabeth James Scholarship for highest overall Law LLB score (University of Liverpool)
  

• Shelford Scholarship (Lincoln's Inn)
  

• Hardwick Entrance Award (Lincoln's Inn) 

Qualifications

• Degree: University of Liverpool Law 

• LLB (Hons) (First Class)

• Bar Course: Very Competent

Publications

• Featured in Business Today as being in the Top 10 influential social housing lawyers in the North (2023).

Gary is a keen sportsman with a particular obsession with football – playing, spectating and even co-founding the "Cobden House Cup"; a quarterly match played between Chambers members and clerks. Away from sport Gary prides himself on his skills in the kitchen.