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Lawrence Caun

  • Property  

    Property

    Highly experienced at all civil court levels with a track record of success in both advisory work and representing clients in court, appearing in a number of significant reported cases, and regularly finding himself against QCs.  He relishes the challenge of finding solutions to complex cases and those who instruct him will find him approachable, pragmatic, and easy to work with.  He is a deputy district judge.

    Recent cases in business and residential property-related litigation or mediations have included:

    • a claim to rescind and forfeit a deposit on a £1.75m land purchase contract;
    • a trial of a claim for to forfeit a business lease which addressed legally-complex issues of waiver, illegal user, lease interpretation, relief from forfeiture, and the defence of tender;
    • a leading and reported case on rights of first refusal under the Landlord and Tenant Act 1987;
    • a trial of a claim that a mortgagee had sold a developer’s property at an undervalue;
    • advising in a number of claims against local authorities for alleged property damage caused by flooding nuisance;
    • advising in multiple successful claims against solicitors for professional negligence in failed Spanish off-plan property conveyances, and in similar cases involving UK off-plan purchases;
    • successfully defending a claim that a local authority had negligently provided wrong information in a local land charges search.

    Notable reported cases:

    Artist Court Collective Limited v Khan [2017] Ch 53 (leading Right of First Refusal case)

    Shaista v Victorstone Financial Ltd [2016] EWHC 1505 (Ch) (claim to enforce sale of jointly owned properties subject to a charge)

    Aodhcon LLP v Bridgeco Ltd [2014] EWHC 535 (Ch) and [2014] 2 All ER (Comm) 928 (claim alleging sale by mortgagee at an undervalue, and whether a facility fee amounted to a penalty)

    Arundel Corp v Khokher (No 2) [2003] EWCA Civ 1784 (tenant deemed to have solicitor's knowledge of last known business address of landlord)

    Arundel Corp v Khokher (No. 1) [2003] EWCA Civ 491 (L&T case - report concerns issues of hearing cases in private and admitting new evidence on appeal)

    Kuppusami v Kuppusami [2002] EWHC 2758 (Ch) (property claim by father against a son for a re-transfer of his freehold interest in the house in which he was living - established overriding interest under s 70(1)(g) LRA and a resulting trust)

    Stimpson v Smith [1999] Ch. 340 (co-surety liability under bank guarantee)

    Marshall v Marshall [1998] EWCA Civ 1467 (agreement to put a property on the market did not constitute a severance of a beneficial joint tenancy)

    Burns v Anthony (1997) 74 P&CR D 41 (adverse possession by car parking)

    Fischer v Toumazos [1991] 41 EG 123 (vendor and purchaser/L&T - non-completion of leasehold purchase)

    News & Resources

     

  • Personal Injury  

    Personal injury

    Highly experienced at all civil court levels with a track record of success in both advisory work and representing clients in court, and appearing in a number of reported cases, and regularly finding himself against QCs.   He acts for both claimants and defendants.  He relishes the challenge of finding solutions to complex cases and those who instruct him will find him approachable, pragmatic, and easy to work with.  He is a deputy district judge.

    His recent cases have included

    • a multiple injury claim with a prolonged and tortuous treatment history
    • an acquired brain injury 7-figure claim (frontal lobe injury) which included loss of chance of promotion, risk of divorce, and risk of early death from a smoking habit acquired as a consequence of his injury.
    • a claimant electrician suffering severe electrical burns with a high degree of contributory negligence
    • a fatal accident damages assessment where the deceased had 4 dependent children by different mothers
    • a complex loss of earnings claim arising from multiple independent accidents
    • a high value lost promotion prospects claim
    • claims with difficult issues of causation, loss of chance or variable calculations (such as chance of promotion, risk of divorce, loss of future employment through incapability, the risk of earlier death), and fatal claims

    Notable reported cases:

    Burke v Ashe Construction [2003] EWCA Civ 717 (s 33 Limitation Act, disapplication of Limitation period 8 years after accident upheld)

    Bailey v Armes [1999] EGCS (Occupiers Liability)

    Armstrong v Glofield Properties [1992] PIQR 358 (personal injury - dismissal for want of prosecution)

    Publications:

    Multiple Causes of Injury (Journal of Personal Injury Law, June 2003)

    Occasional Contributor to reported quantum cases

    A new boundary for vicarious liability?  Various Claimants v Barclays Bank  (PILJ  January 2018 no. 161)

    A novel duty of care by geneticists to provide information: ABC v St. George’s Healthcare NHS Trust and others  (2017 PIBULJ)

    News & Resources

     

Profile

Lawrence Caun's practice covers a broad spectrum of civil court practice, reflecting his wide experience in chancery, professional negligence and personal injury law, and welcomes the challenge of finding solutions or remedies for difficult problems. Clients, whether professional or otherwise, will find him approachable, practical and assiduous in representing their interests. He is recommended as a notable practitioner in Chambers and Partners, for his work in the property field.

Further information

Appointments

  • Appointed Deputy District Judge in 2003.

Qualifications

  • MA (Oxon) in jurisprudence
  • Called to bar 1977

Memberships

  • Lincolns Inn
  • Property Bar Association
  • Chancery Bar Association
  • Personal Injury Bar Association
  • Professional Negligence Bar Association

Interests

Playing and listening to Chamber music, horse racing.

News & Resources

General: Interest on damages

Challinor v Julian Bellis & Co. [2013] EWHC 620 (Ch) and Sycamore Bidco Ltd v Breslin [2013] EWHC 174 (Ch) are cases addressing the issue of what rate of interest should be applied to damages.

1st April 2013 Read more
Lawrence Caun


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Year of Call 1977

Email

lawrencecaun@lambchambers.co.uk

Contact clerk

Philip Alden

020 7797 8301

VAT Reg No

235396254

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