Oliver Mitchell

Call 2009

‘A junior who provides very thorough and detailed advice. He builds a good rapport with the client.’

For enquiries please contact

Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

‘A junior who provides very thorough and detailed advice. He builds a good rapport with the client.’


Legal 500 UK 2023

"He is responsive and has very good attention to detail. He provides very thorough and detailed advice."


Chambers & Partners UK 2023

"An approachable barrister who provides thorough and detailed advice."


Legal 500 2021

"He is very knowledgeable in his area. He shows great skill in both advising and advocacy work."


Chambers & Partners 2022

"Oliver is very knowledgeable and quick to grasp the facts of a case. His advice is detailed, yet clear and concise."


Legal 500 2022

"Intellectually able. A very bright junior."


Legal 500 2022

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

  • Chancery Bar Association
  • Court of Protection Bar Association
  • Contentious Trusts Association
Oliver Mitchell has a Chancery practice focusing on disputes over wills, estates, inheritance, trusts and property. He also specialises in Court of Protection matters involving property and financial affairs.

Oliver appears frequently in the High Court and County Court and the Property Chamber of the First-Tier Tribunal, along with his appearances in the Court of Protection. He has been led by leading counsel in the Court of Appeal in a number of substantial matters.

Expertise

Oliver’s specialist practice in respect of wills, trusts and estates disputes covers:

  • Will validity disputes, including testamentary capacity, knowledge and approval, undue influence and fraudulent calumny;
  • The interpretation of wills and trusts;
  • Claims for provision under the Inheritance (Provision for Family and Dependants) Act 1975;
  • Difficulties arising in the administration of estates and trusts, and applications by personal representatives and trustees for directions from the court, including relief sanctioning action in the event of a threatened challenge under the principle in Re Benjamin [1902] 1 Ch. 723;
  • Challenges to, removal and replacement of personal representatives and trustees;
  • Beddoe ([1893 1 Ch. 547) applications in relation to costs protection in litigation.

Featured Wills, Trusts and Estates cases


Appearing for the successful claimant in High Court probate proceedings seeking that a will be pronounced against for lack of capacity;


Being instructed by executors/trustees in a dispute over the administration of a high-value estate (including appearing in the High Court against King’s Counsel on an injunction application);


Representing one of the defendants at trial in the High Court in a claim challenging a will for want of knowledge and approval.

Oliver is regularly instructed in respect of disputed co-ownership of, or interests in, land. Such claims often feature potential constructive trusts of land and/or proprietary estoppel.

Featured Trusts of Land, Estoppel and Cohabitation cases


Being instructed for the defendants in a high-value proprietary estoppel claim between family members.


Appearing at the trial of a possession claim featuring a claim of a right to remain on the basis of claimed estoppel.

Oliver has extensive experience of real property and landlord and tenant matters. His practice covers:

  • Easements (rights of way, rights in respect of pipes, etc.) and covenants;
  • Boundary disputes;
  • Adverse possession;
  • Nuisance;
  • Land registration issues/title disputes;
  • Possession claims and orders for sale;
  • Renewal of business tenancies;
  • Enfranchisement and collective enfranchisement, including in the context of missing landlords;
  • Unlawful eviction.

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

Featured Real Property and Landlord and Tenant cases


Acting for a bailee defending a claim for property loss said to amount to over £500,000;


Representing the successful party in a dispute over the scope of an express easement;


Appearing for the successful defendants in a multi-day trial of a boundary dispute concerning contested evidence as to the historic physical boundary location;


Representing a defendant in a forfeiture action relating to commercial premises, involving a question of the state of the law on remediability of breaches;


Claims concerning vesting orders to permit enfranchisement in the context of untraceable freeholders;


Appearing for a utility company in a complicated warrant of entry application raising the question of the interaction of the statutory regime and planning law;


Being instructed in a dispute over entitlement to a commission payment approaching £1 million in value.

Oliver jointly heads up chambers’ Court of Protection/Public Law team, and his work in this area specialises in cases concerning the property and financial affairs of ‘P’ within the Court of Protection as well as issues involving attorneys and deputies outside of the context of Court of Protection litigation itself, in respect of which he can also bring to bear his broader experience in Chancery cases.

Oliver can assist with matters which include:

  • Contested deputy appointments;
  • Challenges to the conduct of attorneys or deputies;
  • Disputed decisions about the management of P’s finances;
  • Statutory wills.

Oliver is available to provide advice, drafting and representation in respect of commercial disputes, including:

  • Interpretation of contractual obligations
  • Breach of contract and misrepresentation
  • Estoppel
  • Guarantees
  • Sale of goods and supply of services
  • Professional negligence
  • Debt claims

Featured Commercial Dispute Resolution cases


Appearing (led by Hugh Sims QC) in the High Court in an appeal concerning the admissibility of redacted documents, and in the hearing of the same matter in the Court of Appeal as part of a three-day hearing of linked appeals.


Appearing at trial for a claimant seeking repayment of sums paid under disputed energy supply contracts, in a claim giving rise to issues of economic duress and ostensible/apparent authority.


Claims involving disputed authenticity of documents.

For enquiries please contact

Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

‘A junior who provides very thorough and detailed advice. He builds a good rapport with the client.’


Legal 500 UK 2023

"He is responsive and has very good attention to detail. He provides very thorough and detailed advice."


Chambers & Partners UK 2023

"An approachable barrister who provides thorough and detailed advice."


Legal 500 2021

"He is very knowledgeable in his area. He shows great skill in both advising and advocacy work."


Chambers & Partners 2022

"Oliver is very knowledgeable and quick to grasp the facts of a case. His advice is detailed, yet clear and concise."


Legal 500 2022

"Intellectually able. A very bright junior."


Legal 500 2022

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

  • Chancery Bar Association
  • Court of Protection Bar Association
  • Contentious Trusts Association

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