Philip Capon

Call: 1990

Introduction

Philip commenced practice in Birmingham in 1991 and has developed a broad based practice in chancery and commercial law, acting in a wide range of work including insolvency (especially directors disqualification), property, probate disputes (including claims under the Inheritance Act) and professional negligence claims. He is a Deputy District Judge.

Philip undertakes a considerable amount of advisory work, providing clear, comprehensive, and user friendly advice.

Philip is also an experienced court advocate regularly appearing in both the High Court and County Court and frequently represents clients in mediations. Philip also undertakes work for Government Departments and Local Authorities and has been appointed as Junior Counsel to the Crown (Regional Panel) since 2002.

Philip also practices from Chambers in Norwich, where he now lives. Philip enjoys sport, in particular football and squash, travel and reading.

What the Directories Say:

Legal 500 – Philip Capon is recommended for commercial and insolvency matters (SE Circuit Regional Bar)

Qualifications and Appointments:

  • LLB (Birmingham University)
  • Deputy District Judge (2010)

Recent Cases:

Philip has recently been instructed in the following variety of cases:

  • Proceedings against former directors for unlawful dividends and misfeasance
  • Proceedings between trustees in bankruptcy and joint owners of property
  • Applications to setting aside statutory demands
  • Applications to annul bankruptcy orders (including lack of COMI)
  • A number of directors disqualification cases including applications for permission to act as a director whilst disqualified.
  • An application to restrain presentation of the winding up petition
  • An application to set aside a winding up order
  • A claim against a surveyor for the negligent survey of a property for a purchaser which failed to disclose that property had been the subject of subsidence/settlement
  • A claim against a surveyor for the negligent survey of a property which subsequently flooded on two occasions
  • A claim against a firm of independent financial advisors for negligent advice in relation to the setting up of a pension scheme involving the purchase of commercial property.
  • A claim against an insurance company for wrongfully avoiding a policy for material non-disclosure
  • A claim for damages under the Data Protection Act 1984
  • A dispute concerning the enforceability of contracts for the sale of land and whether the necessary formalities had been complied, whether time was of the essence and whether the vendor was entitled to rescind the contract
  • Advising on the enforceability of restrictive covenants relating to freehold land
  • A claim in relation to rights of way and parking rights granted by a lease in relation to commercial premises
  • A claim for adverse possession and easements by prescription (including rights of way and rights of parking)
  • A boundary dispute between a residential occupier and a business involving allegations of nuisance
  • A number of disputes as to the joint ownership of land (trusts of land)
  • A claim for possession of a residential property held under a protected tenancy
  • A claim for the forfeiture of commercial leases
  • A number of disputes relating to the renewal of a lease under Part II LTA 1954
  • A number of claims under Inheritance Act including a claim in respect of a co-habiting same sex couple; a claim by an adult dependant; a claim brought by a foreign national involving property in the UK and abroad.

Reported Cases:

  • Re Normanton Wells Ltd [2011] 1 BCLC 191
  • SSBERR v Sainsbury [2009] EWHC 3456 (Ch)
  • Official Receiver v Key [2009] 1 BCLC 22; [2009] BCC 11
  • SSBERR v Art IT plc [2009] 1 BCLC 262
  • Re Smart-Tel Ltd [2007] BCC 896; [2007] BPIR 1135
  • Re Bunting Electric Manufacturing Company Ltd [2006] 1 BCLC 550
  • Re Westmead Consultants Ltd [2002] 1 BCLC 384
  • Aldridge v Edwards [2000] CPLR 349; The Times March 28 2000
  • Griffiths v WE & DT Cave Ltd (1999) 78 P&CR 8; (1998) 95(48) LSG 32

Articles and Publications:

  • Philip is a Contributor to Mithani: Directors’ Disqualification.

Memberships:

  • South East Circuit
  • Chancery Bar Association

 


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