Gavin McLeod Regulatory

Call: 2010

Introduction

Gavin joined Chambers in 2014 after completion of his pupillage. He is a specialist in Chancery proceedings, especially real property (including as regards TOLATA, mortgages and landlord and tenant), trusts, contentious probate and related matters. Beyond this, his practice encompasses much of the breadth of general commercial litigation, including in such fields as partnership, professional negligence and personal insolvency. Outside of that arena, Gavin also undertakes work in areas of administrative and regulatory law.

Gavin appears regularly in the High Court and County Court, and has experience of other tribunals (notably the magistrates’ court and divisions of the First-tier and Upper Tribunal). He also regularly represents parties in mediations and during other attempts at dispute resolution. He was junior to Avtar Khangure Q.C. in their successful appearance in the Court of Appeal in Takhar v Gracefield Developments Ltd. [2018] Ch. 1, on the test for the setting-aside of judgments on grounds of fraud. (Later, he undertook the preparation of the respondents’ case for the Supreme Court). He has also acted as junior in complex and high-value High Court litigation, as well as on his own account in other equally contentious proceedings in that forum.

Beyond practice, he has taught Equity and Trusts to undergraduates at Nottingham University, and has authored articles on judgments appearing in his fields of work.

Gavin is leader of the Business and Property Juniors grouping in Chambers.

Notable cases:

  • Smith v Smith (2018), unrep. H.H.J. Worster sitting as a judge of the High Court: junior in a dispute as to relief in the winding-up of a farming partnership following its dissolution.
  • Takhar v Gracefield Developments Ltd. [2017] EWCA Civ. 147; [2018] Ch. 1: junior in the Court of Appeal.
  • Bibby v Coventry City Council [2016] EWHC 2554 (Admin.); [2017] RVR 4: successful appearance in appeal by Case Stated against the imposition of a liability order by magistrates. Order upheld.
  • Davis v Wiggett [2016] UKUT 358 (TCC); [2016] WTLR 1563: successful Upper Tribunal appeal following a constructive trust trial in the Land Registration Division of the First-tier Tribunal, with a particular focus on new evidence and the rule in Ladd v Marshall.

Qualifications:

  • 2011: LL.M. Hughes Hall, University of Cambridge
  • 2010: Bar Vocational Course (Outstanding): Lord Justice Holker scholar, Gray’s Inn; Beloff Q.C. Public Law Essay Prize Winner, Gray’s Inn
  • 2009: LL.B. (Hons), First Class, University of Nottingham

Regulatory

Gavin acts in areas of regulatory and public law. In local government fields, his work is particularly focused on finance cases, especially rating. He advises and appears on matters of rateable occupancy, unoccupied properties, reliefs etc. (including recently in a high-value and prominent dispute against Leading Counsel). He has acted on a multi-day committal application, as well as at various liability order hearings in which he has run and defended arguments of some complexity before district judges in the magistrates’ court.

Gavin has drafted and appeared in judicial review proceedings brought against local authorities in respect of housing matters. He is keen to build upon that experience, relying on his strong academic background in administrative law in so doing.

Gavin’s work in the law of taxi/PHV licensing included producing written arguments on the subject which were complimented by circuit judges and recorders. Beyond this, Gavin has experience of advising on matters of technical statutory regulation, for instance as regards the licensing of Houses in Multiple Occupation (‘HMOs’).

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