Anthony Allston

Anthony has a wide knowledge of the law and is a skillful advocate with a strong court presence.

 

 

 

 

 

 

Anthony is qualified to accept instructions under the Bar Council Public Access Scheme.

anthony_allston

1975 Grays Inn Call
BA (Hons) Leeds University
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Degree/University
BA (Hons) Leeds University
Memberships
Chancery Bar Association
Areas of Practice
Property Law – sale of land; land registration including hearings before the Adjudicator; landlord & tenant (business & residential); boundary disputes; easements and rights; restrictive covenants; co-ownership of property; trusts of land; nuisance claims
Probate and Inheritance– Inheritance Act claims; testamentary capacity; undue influence; construction of wills; executor issues
Insolvency – Bankruptcy.
Professional Negligence – claims against surveyors, solicitors, and clinical negligence
Reported Cases
Cerium Investments v. Evans [1991] 20 EG 18; [1991] 62 P&CR 203 (CA) – Landlord & tenant; nature and extent of responsibility of guarantors of commercial leases.
Clark v. Chief Land Registrar [1993] 2 WLR 141 - Land registration; effect of cautions against dealings under LRA 1925; rectification of the register; effect of charging orders
Perry v. Butlins Holiday World [1997] EGCS 171 (CA) – Occupiers liability; use of dangerous building materials in areas frequented by children
Bhogal v. Cheema [1998] 29 EG 117 (Ch. Div) Landlord & tenant; principles of surrender of leases by operation of law; also whether duty on landlord to mitigate by re-letting after disclaimer on insolvency.
Re. Segbedzi, Segbedzi v. Segbedzi (1999) (CA) – Administration of estates; relief to trustees under s.61 Trustee Act 1925; nature of liability of trustees to indemnify a co-trustee.
Yaxley v. Gotts [2000] Ch. 162; [1999] 3 WLR 1217 (CA) – Proprietary estoppel; operation of the doctrine in the light of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989; relationship with contract and constructive trusts
Manning v. Hope The Times 18 February 2000 (CA) – Correct test relating to the common duty of care owed by an occupier under the Occupiers Liability Act 1957.
Ashe v. Mumford [2000] 33 HLR 756; The Times 15 November 2000 (CA) – Trusts; whether the discount under the “right to buy” provisions can create a beneficial interest, in circumstances where a resulting trust can be rebutted
Terry v. HM Coroner for East Sussex [2001] 3 WLR 605; [2002] 2 All ER 141 (CA) – Administrative law; - where there is fresh evidence, whether a Coroner is then obliged to hold an inquest having initially certified that an inquest was unnecessary under s. 19 Coroners Act 1988.
Hansen v. Barker-Benfield [2006] WTLR 1141 (Ch. Div) – Undue influence in relation to lifetime gifts; undue influence (coercion) in relation to wills; testamentary capacity.
Baker v. Baker [2008] FLR (Ch. Div) – Principles applicable to surviving spouse’s claim under Inheritance Act, relevance of comparison with provision on divorce.
Angus v. Emmott[2010] 1 WTLR 531 (Ch. Div)
Removal/Substitution of executors; applicable principles under s.50 Administration of Justice Act 1985 
Higginson Securities (Developments) Ltd. v. Hodson [2012] EWHC 1052 (TCC); [2012] CILL 3177
Guidance on application of Pre-Action Protocol for Construction and Engineering Disputes.  Meeting between parties not always necessary before proceedings; a pragmatic and proportionate approach preferable to slavish adherence to letter of protocol, having regard to overriding objective and costs
Levy (Trustee in Bankruptcy) v. Ellis-Carr [2012] EWHC 63 (Ch); [2012] BPIR 347
Insolvency appeal. Guidance on medical evidence required by court for adjournments; also relationship between CPR and Insolvency Rules in proceedings where a party lacks capacity

Languages
Bi-lingual in French; some German
Outside Interests
Music
Contact
Direct e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Mobile : 07879996105
 

An Englishman abroad

Mark Jones explores the tricky issue of domicile of origin over domicile of choice in Morris v Davies

 

The recent decision of the High Court in the case of Morris v Davies [2011] EWHC 1773 (Ch) emphasised the tenacious nature of a person's domicile of origin and the intensely fact-based approach to considering assertions of substitution of the same by an alternative domicile of choice.

The dispute arose from the administration of the estate of the late Owen Davies, who was born in England on 1 November 1963 and who died unexpectedly of a heart attack in Paris on the 26 November 2008, aged just 45. What happened thereafter informed much of the considerable antipathy in the case and the media interest at the time of the trial, where those close to the deceased agreed to and did conceal the fact of his death and his funeral from his family, with such a degree of success that for several months after both events they remained in complete ignorance.

 

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The Dowry in law

"The Dowry in law" by Miss Suki K Johal,

Barrister at 3 Dr Johnson's Building. Temple. London

In recent years there has been a proliferation of cases in the English courts on the issue of Indian dowries particularly in areas of high Asian population. The Oxford English Dictionary broadly defines dowry as encompassing 'money or property the wife brings with her to the husband's home; the portion given with the wife; a present or gift given by a man to or for his bride'. The Chambers English Dictionary provides 'the property which a woman brings to her husband at marriage; sometimes a gift given to or for a wife at marriage'. These definitions provide that dowry has two constituents- the giving of property to the bride from parents and kin and the giving of jewellery from the in-laws.

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