Insolvency
Lawrence McDonald is a specialist property and commercial litigator. His insolvency works tends to have a property angle and he has a particular specialism in acting where both property law and insolvency law expertise is required. He frequently acts for Law of Property Act Receivers in enforcing property securities and he also acts for other office holders both advising on property issues and acting to recover assets. He also acts for companies, individual and public bodies in dealing with property and insolvency issues. Lawrence is often instructed to act on urgent applications for freezing or proprietary injunctions or for other urgent relief usually to protect property assets and often for the benefit of insolvency practitioners.
Cases
People in Mind Limited v Armchair Answercall Limited (2014) – A 6 day trial in London about whether the departure of a network of franchisees frustrates a contract for services with the franchisor. Listed before the Court of Appeal in autumn 2016.
Bradley v Heslin [2014] EWHC 3267 – A 3 day trial before the Vice-Chancellor regarding the acquisition of an easement by prescription, adverse possession or proprietary estoppel. Listed before the Court of Appeal in March 2016.
Hamlington v Wrexham County Borough Council (2014) – A 5 day trial about whether drainage works by a highway authority caused damage to property.
Rainford v Rainford (2014) – Whether payments made by an ex-husband to his ex- wife were a loan or gave rise to a beneficial interest in a property.
Whalley v PF Developments Limited [2013] EWCA Civ 306 – A successful appeal to the Court of Appeal regarding the assessment of damages for trespass.
Feury v Marshman (2013) – A 5 day trial before HHJ Bird concerning easements, nuisance and harassment. Following cross examination of the witnesses, the case settled on favourable terms before judgment.
Liverpool Quays Management Limited v Moscardini [2012] UKUT 244 (LC) – A successful appeal to the Upper Tribunal regarding the recoverability of service charge expenditure.
Campbell v Banks [2011] EWCA Civ 61 – An appeal concerning the applicability of section 62 of the Law of Property Act 1925.
Re Northall (Deceased) [2010] ECHC 1448 (Ch) – A 3 day trial before David Richards J concerning the beneficial interest in money held in a bank account in joint names.
Pierse Developments Limited v Liberty Property Investment Limited [2009] EWCA Civ 1423 (as Instructing Solicitor) – A dispute regarding a development agreement for a block of flats in Liverpool that was affected by the recession.
Sugarman v Porter [2006] EWHC 331 (Ch) (as Instructing Solicitor) – Restrictive covenants.
Mean Fiddler Holdings Limited v Islington LBC [2003] 3 EGLR 61, LT; [2003] 2 P&CR 7, CA (as Instructing Solicitor) – Compulsory purchase and breach of leasehold covenants.
