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Oliver Hyams

  • Commercial  

    Commercial

    Oliver frequently acts in commercial disputes, both as sole and junior counsel.

    His current and recent cases include:

    • Trinity Logistics v Goonewardena & Ors [2017] EWHC 2353: a claim brought by a freight forwarding agent in deceit, unlawful means conspiracy and inducing breach of contract.
    • X v Y: a claim to recover 10 years’ unpaid minimum wage.
    • Kogan v Hembry LTL 19/07/2016: a claim to recover approx. £250,000 advanced by way of loan to a property developer.
    • L Ltd v A: a claim to recover the balance of 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 to recover sums due under a deed of waiver, with a defence of equitable set-off.

    As a pupil, Oliver was involved in the ongoing Kazakhstan Kagazy litigation. He assisted in preparing for the hearing of the defendants’ appeal and the claimants’ cross-appeal against an order continuing a £72m freezing order (Court of Appeal, [2014] EWCA Civ 38). He also helped to draft evidence in response to further applications to vary and set aside the freezing order.

    News & Resources

  • Property  

    Property

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

    • Barclays Bank Plc v Guzel (2017): an application by a bank under s.19 Landlord and Tenant Act 1927 related to the assignment of a lease of commercial premises.
    • 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.
    • K v T: a dispute relating to the proper construction of an easement.
  • Trusts  

    Trusts

    Oliver has experience of trusts disputes. His current and recent cases include:

    • X v Y: a claim against professional trustees alleging breach of trust and involving a large-scale international fraud.
    • S v M: an action for an account against a trustee.
    • R v S: allegations of fraud and undue influence in a claim concerning the beneficial ownership of two properties.
    • W v W: a claim against personal representatives for a declaration of beneficial interest in estate property.
    • Re S: a claim for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 with serious allegations made against the deceased’s family members.
    • L v W: a claim against a deceased’s estate, where the claimant alleged that he had made a loan to the deceased during her lifetime, and the executors asserted that the loan agreement was forged.
    • O v O: successfully represented executors at a 5-day trial where it was alleged that they had forged the deceased’s will, and that the deceased in any event lacked testamentary capacity.
  • Insolvency  

    Insolvency

    Oliver regularly acts for and against insolvency practitioners, companies, directors, shareholders and individuals.

    He has extensive experience of:

    • Transactions at an undervalue, preferences, and transactions defrauding creditors;
    • Applications for possession and sale;
    • Unfair prejudice petitions;
    • Validation orders;
    • CVAs and IVAs; and
    • Administrations.

    His current and recent cases include:

    • Hieber v Duckworth (Liquidator of Hieber Ltd) LTL 28/6/2017: a successful application to set aside a Tomlin Order pursuant to the rule in ex Parte James and due to a third party’s undue influence/duress.
    • Re A Ltd: an unfair prejudice petition relating to a care provider.
    • K v B: acting for the applicant liquidator in a claim to recover sums paid away in transactions defrauding creditors.
    • Hughes-Jarvis Limited v Searle: a claim for possession brought by a property developer. The developer asserted it would become insolvent if its claim failed. Acted for the successful defendant; the decision is currently under appeal to the Court of Appeal.
    • ES v CWS: acted for the respondents to related applications to restrain presentation of winding-up petitions.

    News & Resources

Profile

Oliver has a commercial chancery practice, with a particular emphasis on insolvency disputes, commercial litigation, and contentious trusts.

For more information, please select a practice area from the headings above.

Further information

Pro Bono

  • Oliver is junior counsel for the families in the inquest into the 2004 sinking of the Bugaled Breizh by (allegedly) a military submarine. Details here.
  • Oliver is a trustee of Pro Bono Community, a charity that improves the availability and quality of pro bono legal advice.
    Memberships

Publications and seminars

  • Co-authored the insurance section of the COMBAR Brexit paper on financial services, submitted to the Ministry of Justice in January 2017.
  • A panellist at the COMBAR “Financial Services after Brexit” seminar in March 2017 and a speaker at Chambers’ Brexit conference on the impact of Brexit upon the UK insurance industry.
  • Oliver regularly delivers talks and seminars. Recent topics include: the rule in ex p James; the interface between insolvency and construction law; and preferences.

Background

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.

Qualifications

Bar Professional Training Course, Very Competent - City Law School (2012)

Bar Professional Training Course, Very Competent - City Law School (2012)

Graduate Diploma in Law, Commendation - City Law School (2011)

MA Human Rights - University College London (2010)

BA (Hons) Philosophy, Politics and Economics, 2.1 - University of Durham (2009)

 

The Levitt Scholarship, Lincoln’s Inn (2013)

Brussels Internship Scholarship, Lincoln’s Inn (2012)

Hardwicke Entrance Scholarship, Lincoln’s Inn (2011)

The City Law School BPTC Scholarship (2011)

Lord Haldane Scholarship, Lincoln’s Inn (2010)

Languages

French

Memberships

Insolvency Lawyers’ Association

Chancery Bar Association

Commercial Bar Association

Lincoln’s Inn

News & Resources

Oliver Hyams


View all Areas of expertise

Year of Call 2012

Email

olhya@lambchambers.co.uk

Contact clerk

Joe Grimmer

020 7797 8307

VAT Reg No

199585137

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