John Brennan

Call: 1996

Introduction

John’s practice encompasses a very broad range of chancery and commercial work. His aim is to provide clear, reliable advice and provide a user-friendly service. He undertakes a certain amount of work on a conditional fee basis.

In his spare time, John enjoys sport (especially rugby), non-fiction and shouting at the television news.

Recent Cases:

John recently appeared for a lender as junior counsel in the Court of Appeal. It sought to recover the losses it sustained in a re-mortgage transaction by means of a breach of trust claim against its solicitor.

John is currently advising a SME in relation to its efforts to extricate itself from an interest rate swap agreement which it was obliged to enter into by its bank.

John appeared for the same lender as junior counsel in a case in the High Court in which it proved that a guarantee and sundry personal loans were enforceable notwithstanding the guarantor / borrower’s allegation that her consent to enter into them had been procured by undue influence.

John appeared as junior counsel on behalf of a SME in a high profile case in which the Office of Fair Trading sought, amongst other things, to prove that gym membership contracts were subject to the Consumer Credit Act 1974.

Reported Cases:

Zvonko Bulic v (1) Harwoods (2) Santander Consumer (UK) Plc (3) Jaguar Cars Ltd [2012] EWHC 3657 (QB) – Civil Procedure (expert evidence; single joint experts).

AIB Group (UK) Plc v Mark Redler & Co (A Firm) – [2012] EWHC 35 (Ch); [2012] P.N.L.R. 16 – Professional Negligence (breach of trust; undue influence; mortgages; solicitors’ powers and duties).

Davies v AIB Group (UK) Plc [2012] EWHC 2178 (Ch); [2012] 2 P. & C.R. 19 – Banking (Guarantee agreements; Loan agreements; Undue influence).

Office of Fair Trading v Ashbourne Management Services Ltd [2011] EWHC 1237 (Ch); [2011] E.C.C. 31; [2011] C.T.L.C. 237 – Consumer Law (Consumer credit agreements; consumer protection; credit reference agencies; unfair commercial practices; unfair contract terms).

Toor v State Bank of India [2010] EWHC 1097 (Ch) – Banking, Real Property: (Mortgagors’ rights; residential property; possession orders).

AIB Group (UK) Plc (formerly Allied Irish Banks Plc and AIB Finance Ltd) v Martin [2001] UKHL 63; [2002] 1 W.L.R. 94; [2002] 1 All E.R. 353; [2002] 1 All E.R. (Comm) 209; [2002] 1 E.G. 75 (C.S.); (2002) 99(7) L.S.G. 34; (2002) 146 S.J.L.B. 13; [2001] N.P.C. 183; Times, December 17, 2001; Independent, February 4, 2002 – Banking (mortgage terms; joint and several liability; partners’ liabilities).

Knatchbull-Hugessen v SISU Capital Ltd [2014] EWHC 1194 (QB) – Contract and Company Law (Breach of contract; expenses; fees; implied terms; share purchase agreements).

Bywater Properties Investments LLP v Oswestry Town Council [2014] EWHC 310 (Ch); [2014] 2 P. & C.R. 1 – Landlord and tenant (Business tenancies; interpretation; rent reviews).

Aster Healthcare Ltd v Shafi [2014] EWHC 77 (QB); [2014] 3 All E.R. 283; [2014] P.T.S.R. 888 – Restitution (Community care assessments; dementia; direct payments; long-term care; payments; residential accommodation; residential care).

Hellard v Irwin Mitchell [2013] EWHC 3008 (Ch) – Professional Negligence (Solicitors, limitation; financial advice; pensions).

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2013] EWCA Civ 45; [2013] P.N.L.R. 19; [2013] W.T.L.R. 1303; [2013] 8 E.G. 106 (C.S.); (2013) 157(7) S.J.L.B. 31 – Professional Negligence (Solicitors; breach of trust; completion; mortgages; equitable relief).

Edginton v Sekhon [2012] EWCA Civ 1812 – Civil Procedure (Solicitors’ remuneration; limitation; Calderbank letters; costs orders; discontinuance)

Qualifications and Appointments:

MA, Oxon (Modern History, First Class)

Memberships:

Chancery Bar Association

Midland Chancery and Commercial Bar Association

 


My Expertise