Richard Oughton

Year of Call:
1978
Practice Areas:
  • Chancery
  • Civil
    • Profile

      Richard Oughton is Head of the Chancery Department.

      He took a double first in law at St John's College, Cambridge, before obtaining a Master of Laws degree at the University of Pennsylvania Law School.

      He has extensive experience in all aspects of general chancery and commercial work with a particular emphasis on wills, trusts, succession and related areas of taxation, mortgages and secured lending, landlord and tenant (commercial and private sector-residential).

      Publications:

      Author, Second and Third Editions Tyler's Family Provision

      Assistant Editor, Tenth Edition and Supplement Fisher and Lightwood's Law of Mortgage


    • Testimonial Quotes

      "Just a quick e-mail to thank you for your assistance and help with regards our appeal hearing. Mr Oughton and your chambers did a sterling job and we won the appeal, please pass on my gratitude to Mr Oughton. "

    • Notable Cases

      Reported and significant cases in which he has appeared include:

      Preston and Henderson v St Helens MBC (1989) 58 P & CR 500 (proprietary estoppel and compulsory purchase-Lands Tribunal)

      Lloyds Bank v Byrne [1991] 23 HLR 472 (sale of matrimonial home at the request of proprietor of charging order of one share only)

      Wayling v Jones (1995) 69 P & CR 170 (proprietary estoppel and family provision)

      Jyske Bank v Spjeldnaes (1996-7) (banking/fraud/tracing)

      British Railways Board v Smith (1997) (first Queen’s Bench Master’s Appointment by Video link)

      Sprung v Royal Insurance (first instance unreported) inability of insured to recover damages from an insurer for late payment of insurance monies.

      Re Levy Estate Trust [2000] CLY 5263 (ability of trustees to act upon the footing that an elderly woman will not adopt a child)

      Lomax v Wood [2001] EWCA Civ. 1099 (easements-right of way)

      Malory Enterprises Ltd v Cheshire Homes Ltd [2002] Ch 216 (land registration-fraud/rectification/overriding interests). The House of Lords granted the Defendant leave to appeal-[2002] 1 WLR 3016 and the case was compromised two and a half weeks before the hearing of the Appeal upon the basis that the Land Registry paid both the Claimant and the Defendant a substantial Indemnity (including an Indemnity as to costs)

      Cook v J.D. Wetherspoon Ltd [2006] EWCA Civ. 330 ( construction of Transfer as to boundary)

      Walker v Walker [2007] EWHC 597 (Ch); [2010] W & TLR 1617 (contested removal of trustee)

      Re Tillotson, Re 2 Middleton Drive [2008] EW Lands LP 56/2006 (successful opposition to application in Lands Tribunal to relax restrictive covenant to allow second house on plot in high class residential area)

      Land at Cae Hir [2008] EW Lands LP 55/2006 (successful opposition to application in Lands Tribunal to remove restrictive covenant to allow housing development on field offering outstanding view)

      Musson v Bonner [2010] W & TLR 1369 (beneficial ownership of joint bank account)

      Matila Ltd v Lisheen Ltd [2010] EWHC (Ch) 1832 (sale of flats in a new development, purchaser failing to complete, judgment for over £2M obtained against purchaser and guarantors)

      Re Holy Trinity Platt (2012) 14 Ecclesiastical Law Society Journal 463 (re-ordering/removal of pews)

      Vaughan-Jones v Vaughan-Jones [2015] EWHC 1086 (Ch); [2015] W & TLR 1287 ( rectification of Deed of Variation)

      Lenderink-Woods v Zurich Assurance [2015] 3634 (Ch) (negligence in selling insurance products in relation to Inheritance Tax planning-Defendant’s application for summary judgment dismissed)

      Lloyd v Jones [2016] EWHC 1308 (Ch) (Contentious Probate-Want of Capacity and Want of Knowledge and Approval)

      Lenderink-Woods v Zurich Assurance [2016] 3287 (Ch) (negligence in selling insurance products in relation to Inheritance Tax planning-judgment at trial for Claimant)

      Dhaliwal v Hussain and Bachada [2017] EWHC 2655 (Ch) (Misrepresentation upon a sale of a dental practice)

    • Membership

      • Northern Ireland Bar
      • Society of Trusts and Estate Practitioners
      • Association of Contentious Trust and Probate Specialists
      • Chancery Bar Association
      • Northern Chancery Bar Association (Secretary 1995-7)