People

Dominic Bright

Dominic practises international, commercial and property law.

Legal Counsel at the world’s largest publicly-traded property and casualty insurer, he specialises in autonomous sanctions surrounding marine and aviation insurance.

He was judicial assistant to Sir Brian Leveson (then President of the Queen’s Bench Division).

Publications

Dominic assists authors to publish academic articles and professional texts on national and international law.  He also publishes in his own right.

Books

Articles

Seminars / training

Dominic accepts invitations to present seminars / training from professional clients. He also attends other professional events.

Recent invitations

  • ‘Small Claims Training’ – Seminar One, 8 September 2020 (admissions; interim payments; and remote final hearings); Seminar Two, 30 September 2020 (when, how and benefits of making an oral application for strike out and / or summary judgment; judicial intervention v entering the arena; and departure from fixed costs following a finding that a party has behaved unreasonably); and Seminar Three, 23 October 2020 (appearing against litigants in person)
  • Training for a niche commercial and residential property law firm on forfeiture, trespass and assured shorthold tenancies (July 2020)
  • ‘Future of International Dispute Resolution’ (discussant analysing the effects of the COVID-19 pandemic on international commercial contracts with the International Dispute Resolution Group, June 2020)
  • ‘Jurisdiction and Choice of Law Clauses in International Commercial Contracts’ (seminar to City lawyers, November 2019)
  • Defence barrister in a mock trial following a road traffic collision and claim for credit hire (training for a leading law firm of about 2,500 employees and an insurer with over 166,000 employees, July 2019)

Recent events

Further information

Dominic holds two postgraduate qualifications, is an active member of various domestic and international professional associations, and enjoys gardening, travelling and learning about geopolitics when time permits.

Qualifications

  • Master of Laws (LL.M) in Professional Legal Practice (incorporating the BPTC), BPP University Law School, London Holborn, awarded Distinction
  • Master of Laws (LL.M), King’s College London, School of Law, awarded Distinction
  • Law (LL.B Hons) with European Legal Studies, King’s College London, School of Law (incorporating an Erasmus exchange at Uppsala University, Sweden)

Memberships

Interests

  • Training “Merlin” the German Shepherd, playing the VAD 706 V-Drums Acoustic Design, and horse-riding
  • Conserving a Sixteenth-Century, Grade II listed property of special architectural and historic interest, as a member of The Listed Property Owners’ Club
  • National, regional and global threats, challenges and opportunities including the changing nature of geopolitics in relation to sustainable growth, prevention of conflict, and development of the rule of law

Dominic’s commercial and residential property practice includes possession, disrepair and dilapidations, breach of covenant / forfeiture, and management and service disputes.  He regularly represents private landlords, housing associations, and local authorities.

Dominic wrote a leading article in the New Law Journal on the repeal of “no-fault” evictions: ‘Section 21 Sent Packing’.  He also assisted Simon Brilliant to update ‘Trespass to Land’ in volume 40(1) of Atkin’s Court Forms (Practice and Forms).

Dominic is an Associate Member of the Property Bar Association.

Recent instructions

  • S & Anor v K & Three Ors – successfully made submissions, so that the claim was allowed with about £350 interest, the counterclaim was dismissed, and the defendants were ordered to pay about £10,000 to the claimants in costs.  Email from professional client, dated 13 April 2022: ‘Thanks for your call Dominic.  I am still in shock.  I blame brilliant advocacy.’  Email from lay client, dated 14 April 2022: ‘I just wanted to let you know how grateful my wife and I [are] for Dominic handling our case against our previous tenants ( … ). Dominic has been an inspiration whilst the case seemed to take different turns and his measured /persisten[t] performance in Court certainly assisted the very positive result today. He is a real asset that you should look after. Please pass on our gratitude and thanks.’
  • P v K & Anor – successfully made submissions, so that possession and costs were awarded under the accelerated procedure for possession.  Email from professional client, dated 8 March 2022: ‘I am pleased to note that possession was obtained and the client is very happy with the outcome of the hearing.  Thank you for your assistance’.
  • R v W – successfully made submissions, so that a conditional possession order, money judgment for about £6,100, and costs were awarded.  Email from professional client, dated 3 March 2022: ‘Just gone through your emails, thank you so much for your sterling work yesterday and the very thorough attendance notes’.
  • R v G & Two Ors – successfully made submissions, so that possession, a money judgment, use and occupation charges and costs were awarded (2 March 2022).
  • R v O – successfully made submissions, so that an unless order was made, directing that unless a defence was received within about three weeks the defendant would be debarred from defending the claim, and costs in the case were granted (2 March 2022).
  • R v N – successfully made submissions, so that possession and costs of about £600 was awarded (2 March 2022).
  • S v Persons Unknown – successfully applied for a possession order against “persons unknown” (February 2022).
  • M v B – successfully made submissions, so that an injunction, penal notice and over £2,500 costs were awarded (February 2022).
  • T & Anor v M – successfully applied for possession, a money judgment for £10,000, use and occupation charges, costs, and permission to use the tenancy deposit in part-payment.  Email from professional client, dated 9 February 2022: ‘Many thanks for your comprehensive report and obtaining the order on the terms requested.’
  • N v K & Anor – successfully applied for an injunction and costs as claimed (February 2022).
  • P v H – successfully applied for a warrant of restitution (in aid of a warrant of possession) and costs of the application.  Email from professional client, dated 3 February 2022: ‘Many thanks once again Dominic for your assistance and detailed note.  It is greatly appreciated.   We are pleased with the outcome.  Thank you also for the authority provided.  I’ll definitely be in touch.’
  • N v G – successfully applied for possession, a money judgment for about £3,300, loss of use and occupation charges, and costs of over £1,000.  Email from professional client, dated 2 February 2022: ‘Fab result’.
  • S & Anor v K & Three Ors – successfully applied for judgment on the counterclaim to be set aside, and permission to rely on the Reply to the Defence and Defence to the Counterclaim and an expert report.  Email from professional client, dated 31 January 2022: ‘Thank you both for your excellent result and such a comprehensive attendance note. Mr [S] is very grateful and sends his thanks.’
  • Advice in conference on an application to set aside default judgment in absence of a defence to the counterclaim, and an application to rely on expert evidence (January 2022).
  • C v K – successfully made submissions, so that possession, a money judgment for about £5,500, interest, use and occupation charges, over £1,500 in costs and permission to use the tenancy deposit in part-payment were awarded.  Email from professional client, dated 21 January 2022: ‘Many thanks for your attendance and comprehensive attendance note.’
  • C v C – successfully made submissions, so that possession, a money judgment for about £23,000, use and occupation charges, costs of £1,200 and permission to transfer to the High Court for enforcement were granted (January 2022).
  • M v V – successfully made submissions, so that an unless order was made directing that, unless a fully particularised defence was filed and served within 21 days, the defendant would be debarred from defending the claim for possession, and a money judgment and use and occupation charges would be awarded.  Email from professional client, dated 13 January 2022: ‘Thanks Dominic. My colleague and I are dealing with another possession hearing and undoubtedly will request your services in due course!’
  • P v S – successfully applied for possession forthwith, judgment for over £1,200, use and occupation charges, and costs on the basis that fixed costs did not apply. Email from professional client, dated 11 November 2021: ‘Many thanks for your assistance on this and the attendance note. We are pleased with the outcome.’
  • N v M – successfully made submissions, so that permission was given to file and serve amended statements of case (with the correct tenancy agreement attached), and there was no order as to costs (November 2021).
  • A v W – successfully applied for: possession; judgment for about £34,000; interest of over £650; use and occupation charges; use of the deposit of about £2,500 in part-payment; and costs as claimed of over £1,500. Email from professional client, dated 2 November 2021: ‘Thank you for stepping in for this matter. A good result.’
  • W v T – successfully applied for possession and costs under the accelerated procedure for possession (November 2021).
  • Advice in conference on filing a Reply to the Defence and prospects following an application for a new commercial tenancy. Email from professional client, dated 3 November 2021: ‘Thank you for the comprehensive note.’
  • N v A – successfully applied for an injunction with a penal notice and costs as claimed. Email from professional client, dated 4 November 2021: ‘Thank you. Much appreciated.’
  • N v J – successfully applied for an injunction with a penal notice and costs as claimed (November 2021).
  • F & Anor v H – successfully applied for an outright order for possession, arrears of over £30,000, about £500 interest, and costs of about £2,000 (August 2021).
  • Claim form and particulars of claim for a new commercial tenancy (August 2021).
  • Advice in conference on behalf of the owner of commercial property, where possible causes of action against the manager of the property included breach of contract and unjust enrichment (August 2021).
  • B v G & Two Ors – successfully applied for an outright order for possession forthwith, arrears of about £4,000, and costs reserved against the first defendant (July 2021).
  • B v F & Two Ors – successfully submitted that more than £10,750 should be awarded against the first defendant, about £13,000 against the second defendant, and that the latter pay the claimant’s costs (July 2021).
  • Advice in a potential claim of more than £75,000, where the issued include assignment, ownership of goods left behind, voluntary and involuntary bailees, and abandonment, and possible causes of action include conversion of goods, trespass to goods, negligence as far as it results in damage to goods or loss to or of an interest in goods, and unjust enrichment (July 2021).
  • A v M – represented a bank seeking possession and a money judgment of more than £135,000 pursuant to alleged mortgage arrears (June 2018).
  • C v Q – successfully resisted an oral application for relief from sanctions, so that the defendant was debarred from defending the claim or bringing a counterclaim, submitted that the sum claimed with more than £620 interest should be awarded, and that the claimant had a contractual right to costs, so that costs of more than £4,300 was awarded (June 2021).
  • C v A – successfully applied for outright possession forthwith, arrears of over £12,000, £150 interest, and costs of over £1,500.
  • N v R – successfully applied for an injunction to inspect, service and carry out remedial works on the landlord’s property, remaining in force for about a year with an attached penal notice, and costs as claimed (October 2020).
  • Advised leaseholders renting out a property to tenants on: prospects of successfully defending a claim for service charges, internal and external building costs; whether the incoming leaseholder is responsible for the unrecovered service charge of the outgoing leaseholder; how to challenge the service charge on the basis of reasonableness; and whether the landlord has a contractual right to costs on the indemnity basis (September 2020).
  • Advised commercial tenant on prospects of successfully applying for relief from forfeiture, the impact of new legal protections for business tenants in the Coronavirus Act 2020, and the form and substance of a ‘Reactivation Notice’ requesting a hearing (September 2020).
  • M & Anor v L – successfully applied for an acquisition order, enabling the claimant leaseholders to acquire the freehold title, on grounds including that their landlord could not be found, plus full costs of about £6,000 (following a successful application for relief from sanctions after the claim was struck out). Letter from professional client, dated 6 July 2020: ‘I refer to the successful Order obtained by Counsel in respect of the above hearing and am most grateful to Counsel for the work undertaken by him … which clearly contributed to the successful outcome. I have heard from both clients and they are very pleased with the outcome.’
  • L v K – successfully applied for an injunction to inspect, service and carry out remedial works on the landlord’s property, remaining in force for 18 months with an attached penal notice, and costs of about £1,700 (April 2020).
  • C v M – successfully applied for possession on two discretionary grounds, judgment for arrears of about £6,000, daily occupation charges up to the date of possession, use of the tenancy deposit in part-payment, and full costs of about £1,000 (March 2020).
  • K v K – successfully applied for possession on mandatory grounds, judgment for arrears of about £7,000, interest, daily occupation charges up to the date of possession, use of the tenancy deposit in part-payment, and permission to appeal on the issue of costs for two reasons, namely that there is a contractual right to costs in law pursuant to two judgments of the Court of Appeal, and that there was a contractual right to costs on the facts pursuant to the Assured Shorthold Tenancy Agreement (March 2020).
  • H v H – successfully applied for possession and costs of over £1,000. Email from professional client, dated 22 January 2020: ‘The client will be very happy.’
  • H v S & Three Ors – successfully applied to dispense with service of a section 8 notice, and successfully secured an order for possession on the basis that there was a breach of the tenancy agreement, namely subletting via Airbnb, Expedia and booking.com, and successfully applied for costs of about £2,500 (December 2019).
  • Advice following grant of an overriding lease on how to regain possession, claim rent in the sum of over £30,000, and costs paid to the landlord under the terms of an authorised guarantee agreement (November 2019).
  • S v A & Anor – successfully settled an appeal on the day of the appeal hearing, so that the defendants agreed to give the claimant possession forthwith (November 2019).
  • G & Anor v F & Anor – successfully applied for possession, and both defendants to pay costs of about £5,000 pursuant to a contractual agreement (November 2019).
  • H & Anor v F – successfully applied for possession, a contractual rate of interest on outstanding rent arrears, and full costs on the basis of a contractual agreement (October 2019).
  • W v R – successfully applied to strike out the defence and counterclaim, alleging disability discrimination, sex discrimination, harassment, breach of the right to quiet enjoyment, injury to feelings, psychological damage, aggravated health, and seeking awards for aggravated damages, exemplary damages, and restitutionary damages. The judge concluded in these terms: “Mr Bright’s skeleton argument runs to over 13 pages, I read this earlier today. … For reasons which have been set out in Mr Bright’s skeleton argument, I have concluded that there is no merit in the defence and no merit in the counterclaim.” The claimant was awarded possession, and all of his costs in the sum of about £4,300. Email from lay client, dated 18 September 2019: ‘Dominic Bright, performed a comprehensive and sterling defence at both Hearings and the, Judge, also commented how impressed he was with him.’
  • A v K & Anor – successfully applied to set aside judgment in a commercial property case, and invited the court to include a recital in the order in the following terms: ‘UPON noting that the application was necessary due to an administrative error of the court AND UPON noting that the defendants may write to the court, requesting the costs of the application’ (September 2019).
  • O v T – successfully applied for possession on a discretionary ground (August 2019).
  • P v A & Anor – successfully applied for possession and costs, pursuant to a contractual agreement, of about £1,300. Email from professional client, dated 21 August 2019: ‘Thank you for your call and the update. I am pleased with the outcome. Thank you once again for your assistance in this matter.’
  • Advice following a tenant complaining of water damage, allegedly caused by a damaged pipe on her neighbour’s property. Email from professional client, dated 15 August 2019: ‘Thank you for your e-mail of 11th August, attaching your comprehensive Opinion on merits in respect of the above matter. I am most grateful to you for the detailed nature of your Opinion and your very helpful advice, which will be of great assistance to my clients.’
  • Advice, letters before claim, and particulars of claim for breach of contract or alternatively money had and received in the sum of £100,000 plus interest (February 2020).
  • U v E – successfully made an oral application on the day of trial for summary judgment in the sum of about £10,000. (January 2020).
  • H v O-B – successfully applied for relief from sanctions, and that the claim be reinstated, despite findings of a serious and significant breach of a court order, for which there was no good reason, and that the application was not made promptly (November 2019).
  • S v F & Anor – successfully made an oral application for judgment against both defendants for around £40,000, and costs of about £11,000 in a directions hearing (September 2019).
  • E v M – successfully facilitated settlement for a five-figure sum, following nine-and-a-half-hour mediation, after proceedings were issued, alleging personal injury and disrepair to property (April 2019).
  • Advice in a commercial property dispute, following alleged breach of contract for services to become the operator of a petrol filling station (February 2019).
  • P v I – successfully applied for the defendant’s costs on the indemnity basis, after relief from forfeiture was granted to the claimant (January 2019).
  • G v M – successfully secured permission to apply for relief from forfeiture out of time, file an amended defence, bring a counterclaim out of time, and order that the claimant disclose bank statements (January 2019).
  • T v I – successfully applied for an injunction following an allegation of nuisance (December 2018).
  • M & Anor v L – successfully applied for relief from sanctions, and an acquisition order. Email from professional client, dated 21 December 2019: ‘I was very impressed with Mr Dominic Bright of Counsel who represented my clients. He had clearly prepared the matter very well and he secured a successful Order on their behalf, which was very much appreciated by not only myself but also my 3 clients who were in attendance at Court for the hearing.’
  • G v L – successfully resisted an application to suspend a warrant (November 2018).

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