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Oliver Hyams

  • Commercial  

    Commercial

    Oliver has a wide-ranging commercial practice. His current and recent cases include:

    • Kogan v Hembry (2016) (QBD) – (Lawtel document PA0030372) – a claim to recover the balance of a loan advanced to a property developer.
    • M v H – a costs-only appeal to the Court of Appeal.
    • L Ltd v A – a claim to recover a loan advanced to a company director’s relative.
    • LP v L – a claim in fraudulent misrepresentation for the return of a deposit on a house.
    • P v S – a claim for sums due under a deed of waiver, with a defence of equitable set-off.

    Oliver is also experienced in:

    • Obtaining and maintaining freezing injunctions, particularly in aid of execution of judgments.
    • Company, insolvency and bankruptcy matters, including applications for an injunction to restrain presentation of a winding up-petition; for an account of profits; for a validation order; and to set aside a transaction at an undervalue.
    • Professional liability, including negligence claims against solicitors and architects
    • Building disputes, acting on behalf of contractors, sub-contractors, and retail clients.
    • Bringing and defending claims on guarantees.

    As a pupil, Oliver was involved in Kazakhstan Kagazy v Arip and Ors, a commercial fraud claim in which the claimants obtained a £100m ex parte freezing injunction. He assisted in preparing for an appeal and cross-appeal in the Court of Appeal ([2014] EWCA Civ 381) and resisting subsequent applications to set aside the injunction.

    News & Resources

  • Property  

    Property

    Oliver has an established property practice. His current cases include:

    • R v S – a co-ownership dispute including allegations of undue influence and coercion.
    • H Ltd v S – a claim by a property developer to obtain possession of residential property occupied by a protected tenant, where the tenant alleges attempted unlawful eviction, harassment, and breach of the covenant of quiet enjoyment.
    • A neighbour dispute relating to the proper construction of an easement.
    • Various forfeiture claims, some with complex counterclaims.

    He also has experience of:

    • Applications in the First-tier Tribunal (Property Chamber), including for a determination that a breach of covenant has occurred.
    • Right to manage applications under the Commonhold and Leasehold Reform Act 2002.
    • Obtaining possession orders on behalf of mortgagees, private sector landlords and social landlords, and has appeared in appeals arising out of such orders. He also represents tenants and mortgagors in possession proceedings.
  • Wills and trusts disputes  

    Wills and trusts disputes

    Oliver has a growing wills and trusts practice. His current and recent cases include:

    • W v W – a claim for a declaration of a beneficial interest in estate property.

    •  Re S – a claim under the Inheritance (Provision for Family and Dependants) Act 1975 with serious allegations made against the deceased’s family.

    •  L v W – a claim against an estate where the deceased is alleged to have taken a loan during her lifetime, and the executors contend that the loan agreement is forged.

    •  O v O – successfully representing executors where a beneficiary alleged that the deceased’s will was forged and that the deceased in any event lacked testamentary capacity.

    Oliver also has experience of:

    • As set out in the Property section, claims concerning trusts of land.
    • Applications to vary a will.

Profile

Oliver has a commercial and property practice. He regularly appears in the High Court and has particular experience of disputes concerning the enforceability of loan agreements.

Before joining the Bar, Oliver worked at the European Commission, specialising in retail banking and pensions reform. With colleagues, he drafted the Payment Accounts Directive, in addition to policy papers addressing consumer protection in the private pensions market.

Oliver is a trustee of Pro Bono Community, a charity that improves the availability and quality of pro bono legal advice.

Further information

Qualifications

  • BA (Hons) Philosophy, Politics and Economics, 2.1 - University of Durham (2009)
  • MA Human Rights - University College London (2010)
  • Graduate Diploma in Law, Commendation - City Law School (2011)
  • Bar Professional Training Course, Very Competent - City Law School (2012)
  • Lord Haldane Scholarship, Lincoln’s Inn (2010)
  • Hardwicke Entrance Scholarship, Lincoln’s Inn (2011)
  • The City Law School BPTC Scholarship (2011)
  • Brussels Internship Scholarship, Lincoln’s Inn (2012)
  • The Levitt Scholarship, Lincoln’s Inn (2013)

Languages

  • French

Memberships

  • Chancery Bar Association
  • Commercial Bar Association
  • Lincoln’s Inn

Interests

Football, cookery and travel.

News & Resources

Oliver Hyams


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Year of Call 2012

Email

olhya@lambchambers.co.uk

Contact clerk

Joe Grimmer

020 7797 8307

VAT Reg No

199585137

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