Oliver Mitchell

Year of call: 2009

Oliver Oliver

Oliver has been a member of chambers since 2013, and his practice encompasses property (commercial and residential), probate and trusts and commercial work. He has extensive experience acting for corporate clients, individuals and insolvency practitioners.

Oliver has appeared in the High Court both with and without a leader, and has been led both in the Court of Appeal and in lengthy proceedings before a professional tribunal. His practice also involves frequent appearances in the County Court on commercial and property matters ranging in scale from trials of substantial value property and commercial disputes to small claims and procedural hearings, as well as a broad range of advisory and drafting work.

Property and Estates

Oliver will accept instructions covering a wide range of property and trusts/estates matters, including:

  • Landlord and tenant
  • Easements and covenants
  • Trusts of land
  • Nuisance
  • Possession proceedings
  • Orders for sale
  • Inheritance and probate claims
  • Applications by/in relation to trustees

Oliver has a particular interest in the law relating to public utilities, having worked in the legal team of a major water company prior to practising at the Bar.

Oliver also has experience of the operation of insolvency regimes, and of property proceedings arising from insolvency.

Recent Cases

Recent instructions for Oliver relating to property and estates have included:

  • Representing a defendant in a forfeiture action relating to commercial premises, involving a question of the present state of the law on remediability of breaches.
  • A two day High Court trial of a boundary dispute and claim for a prescriptive easement.
  • Appearing on an application for a Re Benjamin order to assist personal representatives.
  • Appearing for the claimant in a two-day trial of an unlawful eviction claim in respect of a business.
  • Representing the defendant in a claim and counterclaim arising from the termination of a tenancy, and involving issues of vacant possession, apportionment of rent and mistake.
  • Acting in possession and arrears proceedings involving extensive allegations of disrepair.
  • A claim for a vesting order to permit collective enfranchisement in the context of an untraceable freeholder.

Commercial

Oliver draws upon a broad experience of commercial practice, and is available to provide advice, drafting and representation in areas including the following:

  • Breach of contract and misrepresentation
  • Promissory estoppel
  • Guarantees
  • Sale of goods and supply of services
  • Professional negligence
  • Debt claims

Water & Utilities

Oliver has a particular interest in the water industry, and more generally in the law relating to utilities and utility assets. He has an understanding of the statutory underpinnings of the utility sector, including detailed knowledge of the legal framework of the water industry, and worked for almost two years within the in-house legal team of a large water and sewerage undertaker prior to practising at the Bar.

Procedural Rules

Oliver is frequently instructed in hearings involving procedural questions under the CPR, such as:

  • Relief from sanctions
  • Setting aside judgments
  • Summary judgment/strike out
  • Pre-action disclosure

Recent Cases

As well as being led on higher-value matters, recent instructions and appearances for Oliver include:

  • Claims involving disputed authenticity of documents.
  • Representing the defendant in a two day High Court claim relating to guarantee liability.
  • Advising on potential six-figure claims in contract.

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Commercial: Chris Checketts

Property & Estates: Lisa Frostrup

Memberships

Chancery Bar Association

education

  • BVC, The College of Law, Birmingham - Very Competent
  • GDL, The College of Law, Birmingham - Distinction
  • LLB Hons, The College of Law, Birmingham
  • MA (Oxon), University of Oxford