Talk from the TSI conference in Edinburgh

Gough Square again take a Stand at TSI conference in Edinburgh 15th - 17th June - Geraint Howells gives a talk on the Reform of Consumer Contract Law. View PowerPoint presentation.

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Members of Chambers

Josephine Hayes

Josephine graduated from Lady Margaret Hall, Oxford, in 1978 with a First in Greats before switching to law; she was a Jenkins Scholar of Lincoln’s Inn, and called to the Bar 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; pension schemes; probate, wills and succession; administration of estates and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She also undertakes professional negligence cases in these areas. She undertakes work relating to environmental law. She edited the current and previous editions of Atkin on Landlord and Tenant.

Recent reported cases include:
Chopra v Bindra [2009] EWCA Civ 203. She represented the defendant, who was her late husband’s personal representative, in a dispute with her sister in law as to whether a trust deed created absolute interests in a property coupled with void testamentary dispositions, or only interests for life.

Witkowska v Kaminski [2007] 1 FLR 1547. She represented the defendant in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, ss 1(1)(ba) and (e), in which the claimant unsuccessfully sought to rely upon Art. 12 of the EC Treaty, prohibiting discrimination on the ground of nationality.

Kosa v Nesheim [2006] EWHC 2710 (Ch). She represented the defendant in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, s 1(1)(a) on an appeal against the retrospective grant of permission to serve the claim out of the jurisdiction in Norway.

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.

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.

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.

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