Call: 1989    
Guy Adams  

"He never gives up and is an inventive player - he is a silk in waiting"

Commercial Dispute Resolution – Chambers UK Bar 2019

+44 (0) 20 7419 8000

Practice Overview


Guy is a chancery and commercial specialist who acts in complex cases which often raise difficult and/or novel points of law.  His commercial work includes banking, finance, commercial contract, company and partnership and professional negligence.  He also has expertise in more traditional chancery matters such as landlord and tenant, property and trusts.

 

Guy has a particular interest in the proper legal approach to transactions which on their face do not reflect the reality and the equitable remedies, which may be available in such circumstances.  Whether setting aside seemingly effective transactions for mistake, misrepresentation or undue influence or enforcing informal or flawed transactions by applying the principles of construction, rectification, constructive trust or estoppel.

 

In administrative law matters Guy has particular experience of acting for commercial clients whose business interests have been adversely affected by administrative decisions.

 

He has extensive appellate experience at all levels up to the Supreme Court.

 

  • Commercial Litigation
    • Guy has recently been involved in a successful appeal to the Court of Appeal in a company case and appeals to the Court of Appeal in a professional negligence case and a forex mortgage mis-selling claim (Woodeson and another v Credit Suisse (UK) Ltd - [2018] All ER (D) 95 (May)).

       

      He has extensive experience acting and advising in banking and mortgage disputes both for and against banks. Guy appeared in the Court of Appeal in the important case of Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All ER 15, [2014] Bus LR 1167, The Times, 28th August 2014, which concerned misdirected CHAPS transfers and which settled after Guy obtained permission to appeal to the Supreme Court.

       

      Guy is also an experienced company and partnership lawyer. In 2017, he succeeded in the Court of Appeal in overturning the judgment at first instance in the Mercantile Court in Cardiff in the case of Davy v Pickering  [2017] 2 BCLC 260. This case concerned the extent of the power of the court under the new provisions in section 1032 Companies Act 2006 to make directions upon the restoration of a company to the register, both to disallow a period for the purpose of limitation and to back-date the presentation of a winding-up petition.  He was subsequently successful in striking out the main action alleging negligent pensions advice on limitation grounds - Davy v 01000654 Ltd (formerly Heather Moor & Edgecomb Ltd) - [2018] All ER (D) 92 (Mar).

       

  • Property
    • Property Law

      Guy is an experienced chancery practitioner with a strong focus on real estate work. His expertise covers commercial and residential landlord and tenant matters as well as development issues. He represents clients at all levels of the court system as well as in arbitrations.

       

      He has recently appeared in Smyth-Tyrrell v Bowden[2018] All ER (D) 22 (Feb), an unusual claim relating to substantial expenditure on a derelict property in Cornwall, which raised landlord and tenant issues (AHA 1986 and 1954 Act) and proprietary estoppel, and on the appeal in Santander UK Plc v Fletcher [2018] EWHC 2778 (Ch) (effect of declaration of trust in conveyance and equitable priorities).

       

      In Saunders v Caerphilly County Borough Council  [2015] 2 P & CR 418 Guy acted for the claimant, whose land had been compulsorily purchased under the Compulsory Purchase Act 1965, where he successfully established that it would be unconscionable for the acquiring authority to rely on a limitation defence.

       

      Agriculture

      Guy has extensive experience of issues affecting farmers in relation to property, partnerships, mortgages, landlord and tenant and family disputes.  He has encountered many problems that arise in an agricultural context and thoroughly understands the issues facing farmers and their families.

       

      His cases include a mortgage possession claim in relation to a farm (Clydesdale Bank plc v Gough [2017] EWHC 2230 (Ch)); an AHA 1986 arbitration and subsequent proceedings (Smyth-Tyrrell v Sowden [2017] EWHC 2331 (Ch)); proprietary estoppel claims (Morris v Morris [2008] All ER (D) 333 (Feb) CA; Seward v Seward [2014] Lexis Citation 123 CA; and Smyth-Tyrrell v Bowden [2018] EWHC 106 (Ch), which also raised issues under the 1954 Act and AHA 1986); and compulsory purchase (Saunders v Caerphilly County Borough Council  [2015] 2 P & CR 418).

       

      Administrative Law

      Guy has a niche administrative law practice as part of a wider commercial and chancery practice.  He both acts for private individuals and commercial bodies, whose interests have been adversely affected by administrative decisions, and public authorities.  He has a particular interest in the grey area between public law and private law, including situations where authorities have to take decisions having regard to the public interest, but which may disproportionately affect legitimate private interests or expectations.

       

      Recently, he has obtained permission to bring a judicial review in relation to residents parking in Bath, raising issues relating to interference with the frontagers' private rights to use the road, and acted on an application for the judicial review of the decision of an arbitrator appointed under statute.

       

      In Charles Terence Estates Ltd v Cornwall Council  [2013] 1 WLR 466, Guy acted for the defendant council in a dispute between the housing department and a commercial partner in a scheme to provide housing for the homeless, raising issues as to the proper exercise of the council's powers and the extent of its fiduciary duties to council taxpayers.

       

  • Trusts and Estates
    • Guy is an experienced chancery practitioner with a thorough understanding of trust principles, and acts and advises in connection with the administration of trusts and estates. He has a particular expertise in derivative actions. 

       

      He is a member of STEP and has had a number of reported trusts, estates, estoppel and undue influence cases.  He also appeared in the first trust/estate case to be heard by the Supreme Court: Roberts v Gill [2011] 1 AC 240, which is the leading case on derivative actions.

       

      He has recently appeared in Lewis and others v Tamplin and others [2018] WTLR 215; and has appeared in and is acting in number of farming proprietary estoppel cases.

       

  • Regulatory and Business Crime
    • Professional negligence

      Guy has extensive experience of acting in professional negligence matters, but in particular in relation to solicitors and financial advisers.

       

      He has extensive appellate experience and his Court of Appeal appearances in professional negligence matters include Joyce v Darby & Darby [2014] EWCA Civ 677 (conveyancing: extent of duty and causation) and Channon (trading as Channon & Co) v Ward (trading as Ward & Associates) [2015] EWHC 4256 (QB); [2017] EWCA Civ 13 (insurance broker: loss of a chance, insurance terms and causation)). He has also acted for the solicitors carrying out transaction work for a major high street bank in relation to negligence issues that arose in respect of the firms handling of mortgage transactions.

       

      Guy has particular expertise in limitation, recently successfully striking out a stale claim against a financial adviser in Davy v 01000654 Ltd (formerly Heather Moor & Edgecomb Ltd) [2018] EWHC 353 (QB) (date of knowledge under section 14A Limitation Act 1980).

       

  • Additional Information

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