Deans Court Chambers

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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 and chancery work. This principally relates to company/partnership and real property issues but also includes probate and trust work. 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 and complex scenarios involving partnership shares and assets.

His real property cases range from commercial landlord and tenant, mortgage, conveyancing and TOLATA issues to boundary disputes and easements; his professional negligence cases in this area mostly revolve around conveyancing issues where rectification may be sought. Much of Sebastian’s case load falls under the umbrella of common law: nuisance, deceit and contract (specifically including insurance indemnity issues).

Sebastian is familiar with all aspects of local authority work and this is particularly so in relation to nuisance cases (with a focus on flooding). Sebastian also provides specialist non-contentious drafting and this has included drafting contracts for NGOs and articles for companies in British Territories Overseas.

Sebastian has approximately 20 years call. Whilst the mainstay of his practice is commercial, chancery and other common law work, his pupillage concentrated 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.

A major area of his practice involves insurance indemnity issues and, although this has come mostly to involve commercial areas, Sebastian also advises on motor insurance indemnity cases.

Notable Cases

  • 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 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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