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Vaughan Jacob

  • Insolvency  

    Insolvency

    Vaughan is an established civil practitioner. He provides advice, drafting and advocacy expertise in the insolvency field. His expertise includes:

    • Personal bankruptcy
    • Company insolvency
    • Drafting / setting aside statutory demands
    • Validation orders
    • Injunctions to restrain the presentation of a winding up petition
    • Winding up petitions and procedure
    • Rescission of winding up orders
    • Breach of directors’ duties and disqualification orders
    • Unfair prejudice petitions
    • Transactions at an undervalue defrauding creditors
    • Preference claims
    • Summary remedies against delinquent directors, liquidators etc.
    • Injunctive relief including freezing orders
    • Company voluntary arrangements
    • Creditors’ voluntary liquidation
    • Individual voluntary arrangements
    • Administration
       

     Vaughan is instructed by both creditors and debtors be they individuals, companies or office holders. He is happy to take instructions on a direct access basis in appropriate circumstances.

    Vaughan prides himself on offering commercially sound and concise advice and representation at every stage of the litigation process including pre-action applications, interim injunctions, interlocutory hearings and trials. He is routinely instructed in complex, high value litigation.

    Vaughan appeared as sole junior Counsel in the Court of Appeal for the successful Respondent in the case of Derwent Housing Association v Taylor [2016] EWCA Civ 508, having already successfully represented Derwent Housing Association at first instance and on appeal before HHJ Godsmark QC.

    Recent work

    Successfully resisted a winding-up petition, obtained a validation order and issued a s.994 unfair prejudice petition for a software company worth over £3.2 million, leading to a favourable settlement of the underlying claim.

    Successfully obtained a validation order to allow a company to continue trading.

    Successfully resisted a bankruptcy petition served on a business owner who suffered financially as a result of the economic recession.

    Cross-examined a director of a company at a s.236 examination hearing and successfully elicited evidence which will form the basis of a claim for breach of fiduciary duty.

    Currently advising an insolvency practitioner on the recovery of an overdrawn director’s loan account.

    Regular appearances in the Property and Business Courts attending personal bankruptcy and company insolvency hearings

    Seminars / Training

    Vaughan regularly holds seminars along with fellow members of Chambers. Recent topics have included:

    1. Basis of personal insolvency
    2. Company insolvency: Practice and procedure
    3. An introduction to winding up
    4. Freezing injunctions: Preparing for the big freeze

    News & Resources

  • Commercial  

    Commercial

    Vaughan’s expertise includes:

    • Contractual disputes.
    • Sale of goods and services.
    • Debt actions.
    • Agency.
    • Company disputes, including shareholder disputes, overdrawn director’s loan accounts and applications under s.994 Companies Act 2006.
    • Professional negligence.
    • Insurance.
    • Insolvency (bankruptcy and winding up).
    • Financial mis-selling.
    • Unfair relationships under the Consumer Credit Act 1974.
    • Regulatory rules including COBS, ICOBS and the FSA handbook.
    • Employment, including
    • Unfair and wrongful dismissal.
    • Health and safety at work.
    • Restrictive covenants.
    • Equal pay.
    • Breach of contract.
    • TUPE transfers.
    • Working time regulations.
    • Redundancy.

    Recent work

    Successfully resisted a winding-up petition, obtained a validation order and issued a s.994 unfair prejudice petition for a software company worth over £3.2 million, leading to a favourable settlement of the underlying claim.

    Successfully appealed a first instance decision concerning non-payment of professional fees by introducing fresh evidence in accordance with the criteria laid down in Ladd v Marshall.

    Resisted an application for strike out in a financial misselling claim in an appeal concerning the application of section 14A of the Limitation Act 1974 and the date of knowledge for bringing a claim outside the usual statutory limitation period.

    Successfully acted for a travel company in recovery of £50,000 of unpaid invoices.

    Successfully defended a catering company in a contractual claim concerning the supply of goods and services.

    Successfully resisted a bankruptcy petition served on a business owner who suffered financially as a result of the economic recession.

    Currently advising an insolvency practitioner on the recovery of an overdrawn director’s loan account.

     

    Vaughan regularly gives talks and seminars in the commercial field with a particualr emphasis on insolvency. If you would like to book Vaughan to provide such a talk please do get in touch with the clerks.

    News & Resources

     

  • Property  

    Property

    Vaughan’s expertise in property includes:

    • The application of the Trusts of Land and Appointment of Trustees Act 1996.
    • Land registration and title disputes.
    • Beneficial interests in the home.
    • Boundary disputes.
    • Nuisance.
    • Trespass.
    • Proprietary remedies.
    • Easements
    • Disputes involving the Party Wall Act 1996.

    Vaughan has a particular interest in landlord and tenant disputes and regularly appears as an advocate in the County Court, High Court and First-Tier Tribunal (Property Chamber) in relation to the following areas:

    • Possession proceedings, including claims against trespassers, notices to quit and notices under s.21 Housing Act 1988 and s.8 Housing Act 1988
    • Forfeiture proceedings. For a recent talk on the subject given to over 50 delegates in Middle Temple please click here: [insert link here].
    • Rent arrears claims.
    • Disrepair and dialpidations claims.
    • Anti-Social behaviour injunctions.
    • Service charges.

    Recent work

    Successfully acted for a housing association in possession proceedings concerning the application of s.30 of the Family Law Act 1996 and its relationship with the service of a Notice to Quit served by a sole tenant when a non-tenant spouse remains in the family home. Derwent Housing Association v Taylor [2016] EWCA Civ 508.

    Advised an owner of residential property about the proposed installation of gas and electric pipes on their land.

    Successfully obtained an order for forfeiture for business owners following the tenant’s persistent non-payment of rent.

    Successfully obtained a favourable settlement for a central London business owner who fell into large service charge arrears because of a dispute about the Landlord’s repairing obligations under the lease.

    Currently negotiating a dilapidations claim following termination of a commercial lease where the quantified demand exceeds £185,000.

    Acting for the solicitor tenants in relation to the grant of a new business tenancy in a leasehold renewal dispute concerning their offices in Central London.

    Acting for a property owner whose home was destroyed following negligent work carried out by her neighbour’s builders.

    Obtained a possession order against trespassers squatting in high-value offices for a multi-national company in Central London.

    News & Resources

    Regina (CN) v Lewisham London Borough

    The SC decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow London Borough Council v Powell [2011] 2 AC 186 have had far reaching ramifications in standard possession proceedings,

    1st August 2013 Read more

    Vaughan is a contributor to The Lawyer’s Remembrancer 2013 Limitation of Action, Misrepresentation and Sale of Goods and Services sections, ISBN 97801-84766-930-8, Bloomsbury Professional Limited 2012, www.bloomsbury.com/uk/.

  • Construction  

    Construction

    Expertise includes:

    • Adjudication.
    • JCT and NEC construction contracts.
    • Contractual disputes.
    • The supply of goods and services in a construction context.
    • Investment and development agreements.
    • Delay claims.
    • Insolvency and its effect on construction contracts.
    • Claims against insurers.

    News & Resources

  • Personal injury  

    Personal injury

    Vaughan’s expertise includes:

        • Occupiers' liability.
        • Employers' liability. For a past talk on the subject since ERRA 2013 click here
        • Public liability.
        • Product liability.
        • Clinical negligence.
        • Injuries arising from road traffic accidents.
        • Credit hire and related issues, including:
          • Enforceability.
          • Mitigation.
          • Basic Hire Rate and rates evidence.
          • Need.
          • Period.
          • Delivery and collection charges.
          • Engineer’s fees.
          • Impecuniosity.
          • The Cancellation of Contracts made in a Consumer’s Home or Place of Work 2008.
        • For a past talk on the subject please click here

    Vaughan provides detailed and efficient advices on quantum.

    Vaughan is particularly experienced in claims involving road traffic accidents and regularly appears in multi-track trials on liability and quantum, including those involving allegations of fraud and credit hire.

    Recent work

    Achieved a favourable settlement for the insurer at a JSM in a case involving a serious road traffic accident causing traumatic personal injury where the pleaded loss was over £500,000.

    Succesfully represented the Defendant in a multi-track claim involving a motorcycle accident where the Schedule of Loss totalled £200,000.

    Resisted an appeal concerning the reasonableness of a finding of a failure to mitigate in credit hire proceedings.

    Successfully represented a nightclub in a public liability claim where a visitor injured herself on a busy dancefloor and sustained serious injuries.

    Currently representing a number of claimants in claims involving allegations of medical negligence following poor medical treatment.

    Provided advice for a professional sprinter whose career has been cut short by a road traffic accident.

     

    News & Resources

Profile

Vaughan is an established civil practitioner. He provides advice, drafting and advocacy expertise in the commercial, property, construction and personal injury fields.

Vaughan represents both Claimants or Defendants in a range of civil courts, including the Court of Appeal, High Court Queen’s Bench and Chancery Divisions, the Supreme Courts Costs Office, the First Tier Tribunal (Property Chamber) and County Courts all over the country.

Vaughan appeared as sole junior Counsel in the Court of Appeal for the successful Respondent in the case of Derwent Housing Association v Taylor [2016] EWCA Civ 508, having already successfully represented Derwent Housing Association at first instance and on appeal before HHJ Godsmark QC.

Vaughan offers commercially sound and concise advice and representation at every stage of the litigation process including pre-trial applications, interim injunctions, interlocutory hearings and fast and multi-track trials. He is routinely instructed in complex, high value litigation.

Unprompted testimonials

“I was impressed with his professionalism, manner, his directness and most of all Vaughan was very good on his feet in court.” Solicitor client.

 “Thank you so much that was a great result. My client asked me to thank you again and said to say you were absolutely brilliant!” Solicitor client.

 “I spoke to the client last Friday and she said that she and her witnesses were all very impressed with you in several aspects - the way you represented the case and how nice, patient and down to earth you were with them!  They were worried that barristers are very arrogant, I suspect. Well done!” Solicitor client.

 “Thanks for you all your help. The word genius springs to mind.” Lay client.

 “We had a great result in the outcome of my accident as you may now be aware, however I would like to say the Barrister you pointed for the case was amazing, his name is Vaughan Jacob. He was a young lad and was just brilliant on the way he conducted his self and made the case for me, with guys like this representing your company you can’t really go wrong and he made sure justice was done. Please can you pass my comments on to Lamb Chambers I think when they have guys like this it’s a great asset to any company, also I thank you and your team. “ Lay client.

“I must say to you that our barrister was the best and knocked the defence counsel into a cocked hat. Great!!!” Lay client.

Further information

Publications

Vaughan contributed to the RICS Commercial Guide to Service Charges 2011/2012, specifically covering reserve and sinking funds.

Vaughan was a regular contributor to The Lawyer’s Remembrancer 2012, 2013 and 2014 Editions and submitted the sections concerning Limitation of Action, Misrepresentation, Sale of Goods and Services  and Road Traffic Offences ISBN 97801-84766-930-8, Bloomsbury Professional Limited, http://www.bloomsbury.com/uk/.

Vaughan has published a number of articles on credit hire. Stevens v Equity [2015] EWCA Civ 92: The Lowest Reasonable Rate was published by the Personal Injury Law Brief Journal earlier this year and Bent Back to Basics: End of the Spot Hire Rate appeared in the Personal Injury Law Journal, April 2012, Number 104, www.legalease.co.uk.

He is also a regular contributor to Chambers’ own publication The Round-Up. Examples are listed below.

Qualifications

  • Major Harmsworth Scholar, Middle Temple.
  • Law conversion and Bar Vocational Course, BPP Law School London, VC.
  • BA(Hons) English Literature, University of Warwick (1st class).

Background

Prior to coming to the Bar Vaughan worked as a judicial assistance for Maurice Kay LJ at the Court of Appeal. He researched and provided opinions on the merits of over 40 Court of Appeal cases and worked on many high profile employment cases including:

Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419 Concerning a Police Authority and a claim of indirect discrimination against an employee on the grounds of his age contrary to the Employment Equality (Age) Regulations 2006.

Home Office v Tariq [2010] EWCA Civ 462. Concerning the use of a closed procedure and special advocates in the Employment Tribunal and a possible breach of Article 6 ECHR.

British Airways plc v Unite the Union [2010] EWCA Civ 669 Concerning the union's industrial action and if this was contrary to the Trade Union and Labour Relations Consolidation Act 1992.

Interests

In his spare time Vaughan enjoys sport of any kind, travelling, literature and film.

 

News & Resources

Re-issue of Pre-Action Protocols

Practitioners should be aware that new Pre-Action Protocols in respect of Personal Injury, Clinical Negligence, Professional Negligence, Judicial Review, Housing Disrepair and Possession Claims by Social Landlords all came into force on 6 April 2015.

1st May 2015 Read more

Regina (CN) v Lewisham London Borough

The SC decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow London Borough Council v Powell [2011] 2 AC 186 have had far reaching ramifications in standard possession proceedings,

1st August 2013 Read more

Phillips & Co (A Firm) v Bath Housing [2012] EWCA Civ 1591

The appellant client had instructed the respondent solicitors to act on its behalf concerning possession of a flat. Their task was complete by the end of 2003. The solicitors’ fees had not been agreed, so they were entitled to claim a reasonable amount for the work done.

1st January 2013 Read more
Vaughan Jacob


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Year of Call 2009

Email

vaughanjacob@lambchambers.co.uk

Contact clerk

Cliff Alderson

020 7797 8303

VAT Reg No

127863100

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