Oliver Mitchell

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.

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.

Oliver sees property and financial affairs work within the jurisdiction of the Court of Protection as a natural extension to his trusts and estates practice, engaging many of the same considerations, and he is seeking to develop his practice to cover relevant Court of Protection work as part of chambers’ expanding specialist offering in this area.