Richard Oughton (Door Tenant)
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)
Jyske Bank v Spjeldnaes (1996-7) (banking/fraud/tracing)
British Railways Board v Smith (1997) (first Queen’s Bench Master’s Appointment by Video link)
Sprung v Royal Insurance (first instance unreported) inability of insured to recover damages from an insurer for late payment of insurance monies. This case led to a Law Commission Report and was partially reversed by legislation.
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) (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)
Lenderink-Woods v Zurich Assurance [2016] 3287 (Ch) (negligence in selling insurance products in relation to Inheritance Tax planning-judgment at trial for Claimant)
Dhaliwal v Hussain and Bachada [2017] EWHC 2655 (Ch) (Misrepresentation upon a sale of a dental practice)
Venuscare Ltd v Cumbria [2019] EWHC 3268 (Admin) (Appeal against the making of a Traffic Management Order)
Venuscare Ltd v Burge Halston Ltd REF/2019/0113 First Tier Tribunal (Land Registration) (Construction of a conveyance and application of horizontal (or “angel cake”) division of ownership)
Rock Ferry Waterfront Trust v Pennistone Holdings Ltd [2020] EWHC 3007 (Ch) (Proprietary estoppel, Land Charges Act, equitable notice and actual occupation for land registration); affirmed [2021] EWCA Civ. 1029 (affirmed on the issue of actual occupation-Malory v Cheshire not followed on this point).
Scott v Martin (Land Registration-Boundary Dispute) [2021] UKUT 31 (LC)
Handrikman v Heslam [2021] UKUT 56 (LC) (adverse possession of registered land)
Crook v Zurich Assurance REF/2019/1066; New Law Journal 3rd June 2022 First Tier Tribunal (Land Registration) (Important case on resolving uncertainty as to the time when reasonable belief as to ownership was relevant in claiming adverse possession of registered land)
Professional Qualifications
- M.A. (Cantab), LL.M. (Pennsylvania)
- Chancery Bar Association
- STEP
- Association of Contentious Probate and Trust Specialists
- Northern Ireland Bar