Richard Oughton

Richard Oughton

Barrister- Chancery

Year of Call: 1978

Profile:

Born and educated in Suffolk, Richard Oughton is a Chancery practitioner with a wealth of experience in traditional Chancery disciplines, combining a thorough knowledge of legal principles with practical solutions.

A particular speciality is the taxation of estates and trusts (‘Private Client Work’), where his practice includes non-contentious drafting.

He practises in all areas of the law of succession and he is the author of one of the leading textbooks on the Inheritance (Family and Dependants) Act 1975 (Tyler’s Family Provision 2nd and 3rd editions).

His practice includes all aspects of land law (other than planning and short-term residential tenancies).

Notable Cases

Preston and Henderson v St Helens MBC (1989) 58 P & CR 500 (proprietary estoppel and compulsory purchase-Lands Tribunal)

Lloyds Bank v Byrne [1991] 23 HLR 472 (sale of matrimonial home at the request of proprietor of charging order of one share only)

Wayling v Jones (1995) 69 P & CR 170 (proprietary estoppel and family provision)

Re Levy Estate Trust [2000] CLY 5263 (ability of trustees to act upon the footing that an elderly woman will not adopt a child)

Lomax v Wood [2001] EWCA Civ. 1099 (easements-right of way)

Malory Enterprises Ltd v Cheshire Homes Ltd [2002] Ch 216 (land registration-fraud/rectification/overriding interests). The House of Lords granted the Defendant leave to appeal-[2002] 1 WLR 3016 and the case was compromised two and a half weeks before the hearing of the Appeal upon the basis that the Land Registry paid both the Claimant and the Defendant a substantial Indemnity (including an Indemnity as to costs)

Cook v J.D. Wetherspoon Ltd [2006] EWCA Civ. 330 (construction of Transfer as to boundary)

Walker v Walker [2007] EWHC 597 (Ch); [2010] W & TLR 1617 (contested removal of trustee)

Re Tillotson, Re 2 Middleton Drive [2008] EW Lands LP 56/2006 (successful opposition to application in Lands Tribunal to relax restrictive covenant to allow second house on plot in high class residential area)

Land at Cae Hir [2008] EW Lands LP 55/2006 (successful opposition to application in Lands Tribunal to remove restrictive covenant to allow housing development on field offering outstanding view)

Musson v Bonner [2010] W & TLR 1369 (beneficial ownership of joint bank account)

Matila Ltd v Lisheen Ltd [2010] EWHC (Ch) 1832 (sale of flats in a new development, purchaser failing to complete, judgment for over £2M obtained against purchaser and guarantors)

Re Holy Trinity Platt (2012) 14 Ecclesiastical Law Society Journal 463 (re-ordering/removal of pews)

Vaughan-Jones v Vaughan-Jones [2015] EWHC 1086 (Ch); [2015] W & TLR 1287 (rectification of Deed of Variation)

Lenderink-Woods v Zurich Assurance [2015] 3634 (Ch); [2016] 3287 (Ch) (negligence in selling insurance products in relation to Inheritance Tax planning-Defendant’s application for summary judgment dismissed)

Lloyd v Jones [2016] EWHC 1308 (Ch) (Contentious Probate-Want of Capacity and Want of Knowledge and Approval)

Dhaliwal v Hussain and Bachada [2017] EWHC 2655 (Ch) (Misrepresentation upon a sale of a dental practice)

Professional Qualifications

  • M.A. (Cantab), LL.M. (Pennsylvania)
  • Chancery Bar Association
  • STEP
  • Association of Contentious Probate and Trust Specialists
  • Northern Ireland Bar