Christopher McCarthy

Called 2013

Christopher is able to act in a wide variety of areas and is developing a broad litigation and advisory practice. He has experience of appearing and drafting in respect of court, tribunal, and arbitration proceedings. Christopher welcomes paperwork and court instructions in these areas:

  • General commercial and Chancery, including Inheritance, Probate and Contentious Trusts
  • Property and Housing
  • Insolvency, personal and corporate
  • Aviation and Travel
  • Disclosure, document review and advisory assignments

Having been instructed by the Government Legal Department (and other government departments such as HM Treasury, the Foreign and Commonwealth Office, and HM Courts and Tribunals Service) on review exercises, Christopher holds valid UK government security clearance at SC level, and can accept instructions where government security clearance is required.

As a qualified Public Access barrister, Christopher will accept instructions from members of the public in appropriate cases.

Commercial & Chancery

Christopher has experience relating to the drafting of statements of case, advising, and appearing in court or in interlocutory applications in matters with commercial or chancery elements. His work includes:

  • Debt claims and claims relating to restitution
  • Shareholder/company disputes
  • Restoration of companies to the register
  • Applications to register a charge out of time or to correct a statement of particulars under the Companies Act 2006
  • Claims regarding the supply of goods or services
  • Claims under guarantees (including undue influence)
  • Miss-selling
  • Credit and hire purchase disputes, regulated and unregulated agreements
  • Return of goods and satisfactory quality
  • Agents and agency disputes
  • Commercial injunctions
  • Inheritance, Probate and Contentious Trusts

Cases include:

  • Re N (2014): Assisting in an international arbitration concerning a large UK food manufacturer and its supplier.
  • Acting as junior counsel in relation to a multi-million-dollar dispute that concerned the rules for the interpretation of payment guarantee and on demand performance bonds: Caterpillar Motoren GmbH v Mutual Benefits Assurance Company [2015] EWHC 2304 (Comm).
  • Assisting in A v A, L and P (2015): a claim regarding an investment in a Central London nightclub, raising issues of partnership, restitution, estoppel and contract.
  • Assisting in 2D v F, G and Others (2016): a claim regarding economic torts of unlawful and lawful means conspiracy.
  • Re DC (2017): successfully representing a personal representative in defending the estate against an Inheritance (Provision for Family and Dependants) Act 1975 claim following a 2-day trial.
  • Re W (ongoing): claim regarding the administration of an estate worth £1.7million.
  • Re NCL (ongoing): successfully obtaining an injunction before Morris J against the continuation of a solvent winding up of a charitable company that owned a football ground in East London.
Property & housing

PROPERTY

Christopher has experience in a range of disputes concerning property and housing, both in court and in the First Tier Tribunal (Property Chamber). His work includes:

  • Possession proceedings, including setting aside possession orders and suspending warrants
  • Homelessness
  • Anti-social behaviour
  • Service charges and s.20 consultations
  • Leasehold enfranchisement/extension under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA)
  • Right to manage
  • Breach of covenants
  • Applications to modify/discharge restrictive covenants
  • Forfeiture
  • Disrepair
  • Nuisance
  • Business leases
  • Proprietary estoppel
  • Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
  • Land registration
  • Options to purchase

Cases include:

  • Re D (2016): successfully representing a claimant in a 2-day trial concerning a dispute between family members as to the ownership of a £1.1m family home under TOLATA.
  • R v D (2017): Advising a business as to its rights in relation to an assignment of a 1954 Act protected lease and share sale purchase.
  • TH v H (2017): successfully representing a local authority in a 2-day trial relating to unlawful sub-letting.
  • N v NP (2017): obtaining an injunction under the Utilities Act 2000 to require a major electricity provider to reconnect a commercial premises.
  • Re OA (2017): advising a church in relation to an application to remove its unilateral notice from the register protecting an option to purchase.
  • JP v B (2017): advising a commercial landlord in relation to obtaining possession of a mixed-use premises that was also being sub-let in breach of covenant.
Insolvency & asset recovery

Christopher regularly appears in the High Court and the County Court in relation to company winding-up proceedings, bankruptcy and final charging orders. His work includes:

  • Creditors’ or voluntary winding-up petitions, Supervisors’ petitions (contributories)
  • Bankruptcy petitions
  • Transactions at an undervalue (corporate and personal) and preferences (corporate or personal) under the Insolvency Act 1986
  • Statutory demands
  • Rescission or annulment of bankruptcy orders
  • CVA or IVA advice
  • Interim and final charging orders
  • Injunctions or ex parte applications in relation to suspended committal orders or orders for questioning, or restraining the presentation of a winding-up petition

Cases include:

  • LNC v C (2016): successfully representing an insurance company in an application for annulment of bankruptcy raising issues of service and handwriting.
  • Re OM (2016): Representing a successful debtor by achieving dismissal of a High Court bankruptcy petition on grounds of set-off in respect of a future claim against the creditor.
  • Re B and B (2016): representing a Trustee who was successful in his claim under s.423 of the Insolvency Act 1986 to set aside a deed of trust.
  • Re TK (2017): successfully representing a finance house in defending an application to set aside a statutory demand.
Aviation & Travel

Christopher has experience of drafting pleadings and applications on behalf of airlines and appearing at hearings and trials in aviation and travel disputes. His work includes:

  • Delay, cancellation or denied boarding compensation claims
  • Montreal Convention claims
  • Claims for damages in respect of package holidays

Cases include:

  • M v TA (2015): Successfully defending a claim on technical issues as to limitation and CPR Part 19 on behalf of a European airline based in the UK.
  • Re B (2016): successfully defending a large baggage loss claim at trial on behalf of an international airline based in Belgium.
  • Re T (2016): Representing a package tour operator based in the UK in respect of a claim for loss of enjoyment and injury to feelings resulting from the failure to provide a particular hotel room for the couple’s wedding anniversary.
  • D v M (2017): successfully disputing the court’s jurisdiction under CPR Part 11 on behalf of a major international airline based in Asia.
  • Re R (2017): successfully defending an international airline based in the Middle East against claims of race discrimination and unlawful denied boarding.
  • S v M (2017): drafting a defence and counter schedule of loss for a large European airport in relation to a slip at a security checkpoint causing a serious bone fracture. Expert evidence on foreign law was necessary for the defence.

 

Professional Memberships

Christopher is a member of the Chancery Bar Association and the Property Bar Association.

Education
  • Middle Temple (The Lord Diplock Scholarship)
  • BA (Exon) (2.1) History and Ancient History
  • GDL/CPE (Distinction) City University, London

Christopher studied basic Mandarin Chinese at East China Normal University in Shanghai and continues to develop his Mandarin Chinese skills