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Josephine Hayes
Josephine graduated from Lady Margaret Hall, Oxford, in 1978 with a First in Greats before switching to law; she was called to the Bar by Lincoln’s Inn in 1980. In 1981 she took an LLM degree at Yale Law School on an Alumni Fellowship. She practised at the Chancery Bar in the chambers of Lord Goodhart QC in Lincoln’s Inn for nearly 20 years before joining Gough Square Chambers in 2001.
She practises in chancery work (both traditional and modern), including banking securities (guarantees, mortgages and charges); equity and equitable remedies; company law and partnerships; land law, co-ownership and trusts of all kinds; financial services; insolvency (corporate and individual); landlord and tenant; probate, wills and succession, administration of estates and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She is particularly experienced in pension scheme work. She also undertakes professional negligence cases in these areas.
She edited the current and previous editions of Atkin on Landlord and Tenant.
Reported cases include:
• Penn v. Bristol & West Building Society (1995) Times 19 June, [1995] 2 FLR 939. She represented a co-owner of a house in her claim to have a sale and mortgage transaction declared to be a forgery and void, and to recover damages from solicitors for having acted in the purported sale of the property without her knowledge or authority.
• Hambros Bank v. British Historic Buildings Trust [1995] NPC 179, CA. She represented the bank in a mortgagee’s possession action which was defended by a previous owner of the property who had gone back into occupation and claimed that the mortgage was void for non est factum.
• Miller v. Stapleton [1996] 2 All ER 449, [1996] Pension Law Reps. 67. She represented the trustees of a pension scheme in an appeal from a determination of the Pensions Ombudsman concerning a transfer value which called into question the extent of the Ombudsman’s powers.
• Lloyds Bank v. Carrick [1996] 4 All ER 630, CA. She represented the bank in its appeal in a mortgagee’s possession action against a purchaser of the property in possession under an unregistered estate contract.
• Miller v. Scorey [1996] 1 WLR 1122, [1996] 3 All ER 18. She represented the trustees of a pension scheme in their claim against a former trustee to recover secret commissions.
• Seifert v. Pensions Ombudsman [1997] 1 All ER 214. She represented the trustees of a pension scheme in an appeal from the Pensions Ombudsman concerning the rights of a member in circumstances of deficit and the effect of a trustees' indemnity clause.
• Buckley v. Hudson Forge Ltd (In Liquidation) [1999] Pensions Law Reps. 151. She represented the claimant, a pensioner, in his claim against the receiver of the insolvent employer-trustee, who was refusing to pay pension increases out of the scheme surplus.
• First National Bank plc v. Walker (2001) Times 13 Feb, [2001] 1 FLR 505, CA. She represented the bank in a mortgagee’s possession action in which one of the defendants was resisting on the grounds of an O'Brien defence of undue influence but had affirmed the mortgage in other proceedings.
• Re Rowe [2001] All ER (D) 407, Ch.D; [2002] EWCA (Civ) 242, [2002] All ER (D) 103, CA. She represented a pensioner who was a former bankrupt in a dispute with his trustee in bankruptcy over entitlement to his pensions.
• Re Gardiner decd, Watts v Eden [2001] All ER (D) 261, Ch.D. She represented the executors of a will in a dispute concerning whether there had been conditional revocation of a clause of the will.
• First National Bank plc v Achampong [2003] EWCA Civ 487; [2003] All ER (D) 08 (Apr). She represented the bank in its mortgagee’s possession claim which was resisted on the grounds of an O'Brien defence of undue influence; the Bank claimed in the alternative to have the property sold as holder of an equitable charge over the wrongdoer’s half share under Law of Property Act 1925 s 63.
• Humphreys v Humphreys [2004] EWHC 2201 (Ch), [2005] 1 FCR 712. She represented the claimant in her claim to have a trust deed set aside on the grounds that one of her sons had obtained it by presumed undue influence.
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