Michael Selway practises in Property & Estates and Commercial law, appearing in the High Court, County Court, and other tribunals and doing advisory and drafting work in a wide range of cases in these areas.
He more recently expanded his practice to include the related field of Property & Affairs work in the Court of Protection.
In these fields, Michael has expertise in the areas listed under the headings below and also has experience in other areas, including common land and rights of common, manorial rights, public rights of way and property/estates-related aspects of banking and insolvency.
Michael appears in hearings in courts and tribunals across South West England and South Wales, as well as in London and further afield, including:
He also represents clients in mediations, as well as conducting negotiations and conferences and undertaking advisory and drafting work in all of the areas mentioned here.
Davis v Lewis REF/2016/0036,  UKFTT 0181 (PC)
Represented the two applicants at the three-day final hearing of an application in the First-tier Tribunal, Property Chamber, Land Registration Division. The Issue was whether the applicants should be registered as the proprietors of the land in question on the ground that they had title to it by way of adverse possession, where the respondent disputed that the applicants had been in possession of the land.
N v N (Sep-Oct 2016)
Represented two defendants at the three day trial of a claim in the County Court at Cardiff before a deputy circuit judge regarding alleged trespass to chattels and land and interference with a right of way. The main issue was the construction of an express grant of a right of way for use by vehicles over a track; in particular, whether the right of way included an entitlement to drive larger vehicles over an area of verge to the side of the track in order to have enough space to be able to turn on and off the track.
P v A (Jul-Sep 2016)
Represented the defendant at the first instance before a deputy district judge and on appeal before a circuit judge in the County Court at Cardiff. The issue was whether the administrator of the estate of a mortgagor should be granted an adjournment of a claim for possession by a mortgagee under Section 36 of the Administration of Justice Act 1970 where the administrator was engaged in other proceedings against a third party to enable her to discharge the mortgage.
S v S (Jan-Mar 2016)
Represented the defendant at the two day trial of a claim in the High Court, Chancery Division, Bristol District Registry. Issues in the case were whether (i) the defendant should be removed as the personal representative of an estate and the claimant substituted in his place under Section 50(1) of the Administration of Justice Act 1985, and (ii) the defendant should be ordered to give up possession of a property which formed part of the estate.
Michael has experience in most areas of Real Property, including:
Michael has experience in most areas of Landlord & Tenant, including:
Michael has experience in most areas under Inheritance, Wills, Probate and Estates, including:
Michael has experience in most areas of Trusts & Estates law, including:
In the Commercial field, Michael undertakes both court work and advisory and drafting work in cases involving general contractual disputes and a wide range of contractual issues.
Michael’s court work in this field includes multi-track and fast track trials, as well as interim and other hearings, in local courts and those further afield.
Recently, he has dealt with cases involving issues such as:
He has also given seminars and written articles for Guildhall Chambers on such issues.
Pendra Loweth Management Ltd v North (2013-15)
Represented the respondent at first instance in the First-tier Tribunal, Property Chamber, Residential Property Division and drafted grounds of appeal which succeeded in the Upper Tribunal (see the judgement of the latter at  UKUT 91). The first issue was whether the obligation of tenants to pay estimated service charges on demand to a management company under a lease was subject to a condition precedent which the management company had not complied with. The second issue was whether the service charges were recoverable by the management company where the name of the landlord had not been included in the demands for the same pursuant to Section 47 of the Landlord and Tenant Act 1987.
Day v Shaw  EWHC 36 (Ch),  2 P & CR D1,  All ER (D) 120 (Jan)
Represented the claimant at the first instance and then on appeal in the High Court, Chancery Division, Bristol District Registry before Morgan J. The husband and wife defendants jointly owned a house. A company of which the husband was a director took a loan from a bank for which he gave a guarantee, and the liabilities to the bank were charged by the defendants on their house. The house was sold and the bank realised its charge from the proceeds, and the claimant held a charging order over any interest which the husband had in the house and sought to realise the same
The wife was a sub-surety and therefore entitled to be indemnified by the husband as surety for her liability under the bank’s charge. As the liability was charged on the defendants’ jointly owned house, she was further entitled by way of the equity of the exoneration to be so indemnified from his interest in the house, which was thus extinguished and meant there was nothing to be realised under the charging order.
Michael’s practice also includes Property and Affairs work in the Court of Protection.
His established property, trusts and estates practice has previously included matters of capacity, powers of attorney and suchlike, and, following recent and continuing internal training, he is now developing his work in these areas.
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