Deans Court Chambers

Expert legal advice and advocacy, delivered by an outstanding team of Queen’s Counsel and barristers.

Sebastian Clegg

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Sebastian Clegg - Deans Court Chambers

Education

  • Eton College
  • Bristol University (BA, Joint Honours, Maths and Philosophy)

Appointments

  • Chambers’ Treasurer
  • Head of Chancery and Commercial Group

Professional Associations

  • Chancery Bar Association
  • Northern Circuit Commercial Bar Association

Profile

Sebastian’s practice covers a variety of commercial, chancery, common law and regulatory work.

His commercial and chancery work principally relates to insurance (including indemnity/policy avoidance), contract, company/partnership and real property issues but also includes probate and trust work with a particular emphasis on inheritance/1975 Act claims. His company and partnership cases include dissolution and insolvency matters as well as fraud (diversion of profits, breach of covenants and fiduciary duties), minority shareholder’s rights, complex scenarios involving partnership shares and assets, trademarks and copyright. His real property cases range from commercial landlord and tenant, mortgage, conveyancing, registration and TOLATA issues to boundary disputes and easements.

Much of Sebastian’s case load falls under the umbrella of common law and regulatory work. He is familiar with all aspects of local authority work. He has a particular speciality in nuisance claims/claims involving water (flooding, environmental pollution, culverts, drainage etc). His regulatory work covers waste management, trading standards/fair trading, Trade Descriptions enforcement, Building Act enforcement, National Assistance Act provision (CRAG), health and safety and regulatory compliance both corporate and professional (including professional discipline).

Sebastian has over 20 years call. Whilst the mainstay of his practice is commercial, chancery and other common law work, his pupillage and early practice focussed on personal injury and related professional negligence. As a result, his professional negligence work is able to cover the full spectrum and whilst, for example, he mainly considers commercial fraud, he is also comfortable when dealing with road traffic accident fraud. His insurance indemnity work specifically includes motor insurance indemnity cases.

Sebastian also provides specialist non-contentious drafting and this has included drafting consumer contracts including those involving Consumer Credit, contracts for NGOs and articles for companies in British Territories Overseas.

Sebastian has advocated in a wide variety of forums including the Court of Appeal, High Court (Chancery, Queen’s Bench, Commercial Companies and TCC), County Court, Arbitration, Mediation,  Crown and Magistrates’ Courts, Coroner’s Court, Upper Tribunal (Lands Chamber) and First-tier, Adjudicator to HM Land Registry and Leasehold Valuation Tribunal. His work includes emergency applications for freezing orders and injunctions.

Notable Cases

  • Commissioner of Taxation v A (2017) SC/CIV/18/16

    Supreme Court, Falkland Islands

    Responding to appeal before the Chief Justice of the Falkland Islands. A resident who had to take her disabled son to the UK to continue with his education was assessed by the Commissioner of Taxation as being not-ordinarily resident in the Falkland Islands with the result that she had to pay more tax. The Chief Justice upheld the decision of the Taxation Appeal Tribunal, upon further appeal by the Commissioner, that the resident remained ordinarily resident in the Falkland Islands in the relevant tax year.

    http://www.courts.gov.fk/jdownloads/judgment_on_an_appeal_from_the_Tax_Appeal_Tribunal.pdf

  • Common Law

    Richards v Cyngor Sir Ceredigion Council

    (2017) C50CF012 – 4 day trial before HHJ Keyser QC in the High Court, TCC sitting in Swansea; acting for the Council who were being sued in respect of culvert which overtopped in a storm; breach of duty found on basis of inadequate frequency of inspections but not held to have been causative of the flood which would have happened anyway; claim dismissed

  • Commercial Fraud

    Group Seven Limited & Anr v Nasir & Ors

    [2016] 2 Costs LO 303 – costs budgeting before Morgan J in £9M commercial fraud case

  • Corporate Insolvency

    Cook v Mortgage Debenture Ltd

    [2016] 1 WLR 3048 (CA) – respondent in appeal before Lord Dyson MR and McCombe and David Richards LJJ on the scope of the moratorium provisions in paragraph 43(6) of Schedule B1 to the Insolvency Act 1986; appeal dismissed.

  • Commercial Fraud

    Halsall & Ors v Oasis Land Development Ltd & Ors.

    [2015] A30 MA037 – Trial before HHJ Bird in the High Court; acting for claimants alleging fraud induced them to invest in unbuilt holiday homes on Cayman Brac; alleged land banking; settled on day 8 of the trial.

  • Landlord and Tenant

    Ian Morris v Blackpool Borough Council & Anr

    [2015] HLR 2 (CA) - Appeal before Court of Appeal, Landlord and Tenant/Local Government, interpretation of leases and the Council’s rights to charge for discretionary services.

  • Chancery and Commercial

    Coventry Project Management v Lea & Rowe

    [2014] 2MA 30156 - Trial before HHJ Hodge QC in the High Court; acting on behalf of 2 directors; defending a transaction alleged to have been at an undervalue by deploying the Duomatic Principle. Favourably settled on day 3 of trial.

  • Common Law

    Hamlington v Wrexham County Borough Council

    [2014] 0WX00880 – 5 day trial at which Council successfully defended claim for damage by lower riparian owner alleged to have been caused by drainage works by the Council into its higher section of the watercourse.

  • Chancery and Commercial

    Blackpool Borough Council v Cargill

    [2013] UKUT 0377 (LC) – appeal before the Upper Tribunal, Lands Chamber as to service charges and construction of leases

  • Chancery and Commercial

    Williams & Williams v Madden & Ors

    Prescriptive Easements - Case ref: REF/2011/0988: Decision date: 17/05/2012, before HM Adjudicator to HMLR

  • Common Law

    Lambert & Ors v Barratt Homes Ltd & Rochdale MBC [2010]

    [2010] B.L.R. 527 - Appeal; nuisance; flooding

  • Common Law

    Lambert v Barratt Homes Ltd & Rochdale MBC (2009)

    32 EG 70 - Nuisance; flooding

  • Chancery and Commercial

    Valentine v Khan & Ors [2009]

    EWHC 1632 (Ch) - Sale of business; transaction at undervalue; liability of directors; S.214 Insolvency Act 1986

  • Chancery and Commercial

    Brooks v Young (2008)

    37 EG 148 CA - Rights of way

  • Chancery and Commercial

    Valentine v Bangla TV Ltd. [2007]

    1 BCLC 609 - Sale of business; transaction at under value; s238 Insolvency Act 1986

  • Common Law

    Mehnaz v Sabre Insurance Co Ltd [2007]

    EWCA Civ 1525 - Costs

  • Chancery and Commercial

    Bradford & Bingley v Ross [2005]

    EWCA Civ 394 - Banking and finance; mortgage claims; sale to associated company at undervalue

  • Chancery and Commercial

    West Bromwich Building Society v Crammer [2002]

    EWHC 2618 Ch - Bankruptcy; statutory demand; appropriation of proceeds of sale of mortgaged property

  • Chancery and Commercial

    North British Housing Association v Sheridan [1999]

    2 EGLR 138 CA - Landlord and tenant; effect of statutory amendment on terms of tenancy

  • Chancery and Commercial

    In Re Westmaze Ltd (1998)

    Times, July 15 - Construction of debenture; characteristics of fixed and floating charges

What the directories say

His chancery practice incorporates company and partnership disputes, fraud and insolvency cases. He also has expertise with trusts, wills and probate matters. "Seb is very pleasant and likeable as well as fair in his cross-examination." "He covers the issues well and is an excellent negotiator. He spots flaws in any argument and deals with the issues swiftly."

Chambers and Partners, 2018

‘He is fantastic with clients and very influential in court.’

Legal 500, 2017

His work mainly encompasses property matters and company and partnership disputes. He also deals with trust and probate litigation, civil fraud and insolvency work. "He was really very excellent. He has the ability to get to the point and has the courage to give clients advice they don't want to hear when needed."

Chambers UK, 2017

"An extremely responsive, highly reliable junior, with an impressive, refined manner in court."

Legal 500, 2016

Enters the rankings following exceptional feedback. He is skilled at both traditional and commercial chancery work and is strong on company and partnership matters as well as probate and trust cases. "A very intelligent lawyer able to understand the intricacies of cases. He is a strong character, good in mediation and strategically very capable."

Chambers UK, 2016

'Advises with clarity and without wasting time'

Legal 500, 2015

‘Appreciated for his plain-talking and straightforward manner.’

Legal 500, 2014

‘prepared to go out of his comfort zone to get the right approach’.

Legal 500, 2014

'Advises on the basis of clear reasoning'

Legal 500, 2009

‘Has gained a reputation for his commercial experience’

Legal 500, 2008

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