Anthony Allston

Call: 1975

Email: aallston@3djb.co.uk

 



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

His notable cases include:-  

Re Inchbald (deceased), Inchbald v. Inchbald [2016] EWHC 3215 (Ch) - Dispute over validity of Will of famous interior designer Michael Inchbald (QE2: Savoy Hotel). Principles relating to knowledge and approval of Will and to rectification of Will under AJA 1982. Costs issues in contested probate litigation

Bassano v Toft & Others [2014] EWHC 377 (QB); [2014] All ER (D) 36:- Issues of operation and validity of a chattel mortgage under the Bills of Sale (1878) Amendment Act 1882, concerning a loan in respect of a valuable musical instrument; whether lender required a licence under the Consumer Credit Act, whether the transaction was subject to Regulations under Part V of that Act, and whether a consumer could sign a regulated agreement electronically

 Levy (Trustee in Bankruptcy) v. Ellis-Carr [2012] EWHC 63 (Ch); [2012] BPIR 347Insolvency appeal. Guidance on medical evidence required by court for adjournments; also relationship between CPR and Insolvency Rules in proceedings where a party lacks capacity

Higginson Securities (Developments) Ltd. v. Hodson [2012] EWHC 1052 (TCC); [2012] CILL 3177Guidance 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

Angus v. Emmott [2010] 1 WTLR 531 (Ch. Div)
Removal/Substitution of executors; applicable principles under s.50 Administration of Justice Act 1985

Baker v. Baker [2008] FLR (Ch. Div) – Principles applicable to surviving spouse’s claim under Inheritance Act, relevance of comparison with provision on divorce.

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.

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

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

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.

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

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

B hogal 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.

Perry v. Butlins Holiday World [1997] EGCS 171 (CA) – Occupiers liability; use of dangerous building materials in areas frequented by children

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

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

 

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Degree/University

BA (Hons) Leeds University

 

Memberships

Chancery Bar Association

 

Areas of Practice

Property Law – Sale of land; land registration; easements and boundaries; nuisance; co-ownership of property and TOLATA claims; proprietary estoppel.

Probate and Inheritance  -   Removal and substitution of executors; validity of Wills and testamentary capacity; Inheritance Act claims; undue influence (both in lifetime gifts & Wills)

Professional Negligence – Claims against surveyors and solicitors

Insolvency – Bankruptcy

 

Languages

Bi-lingual in French; some German

 

Outside Interests

Music

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