Guy Adams


Guy Adams

Call 1989 (Middle Temple)
Qualifications MA (Cantab)
Professional Memberships Chancery Bar Association, Constitutional and Administrative Law Bar Association, Society of Trust and Estate Practitioners
Appointments Junior Counsel to the Crown (2003-2007)

Expertise


Guy has a niche administrative law practice as part of a wider commercial and chancery practice.  He both acts for private individuals and commercial bodies, whose interests have been adversely affected by administrative decisions, and public authorities.  He has a particular interest in the grey area between public law and private law, including situations where authorities have to take decisions having regard to the public interest, but which may disproportionately affect legitimate private interests or expectations.

Examples of Guy’s work include:

  • Saunders v Caerphilly County Borough Council [2015] EWHC 1632 (Ch) [2015] 2 P & CR 418 – whether claimant had an entitlement to have compensation assessed under Compulsory Purchase Act 1965 without limitation where possession of land taken and/or whether unconscionable for defendant authority to rely upon Limitation Act 1980 (because of legitimate expectation and/or estoppel).
  • R (on the application of Cawsand Management Co Ltd) v. First-Tier Tribunal (Property Chamber) [2014] EWHC 3808 (Admin); [2015] L & TR 9 – judicial review on behalf of landlord raising issues as to jurisdiction of the first-tier tribunal in relation to an order for the management of a block of flats
  • Charles Terence Estates Ltd v Cornwall Council [2013] 1 WLR 466, [2013] LGR 97, [2013] PTSR 175, [2013] HLR 152, [2012] NLJR 1465, (2013) Times, 05 February  – acting for a local authority in Court of Appeal on appeal from judgment setting aside long leases for lack of vires and restitution of rent and grant monies paid, raising significant issues about the relationship between public and private law concepts of ultra vires.
  • R(Forrest) v Lord Chancellor and Lord Chief Justice [2011] EWHC 142 (Admin) – judicial review of judicial disciplinary proceedings raising constitutional issues in relation to relationship between a coroner and the local authority that funds his or her expenses and employs his or her staff.
  • Barrett v Bristol City Council  [2011] EWCA Civ 734 – acted for claimant builders in High Court claim for misfeasance in public office following successful judicial review for their unlawful removal from lists of approved contractors: R v. Bristol City Council, ex p. Barrett (2001) 3 LGLR 163.

He also co-wrote the St John’s Chambers response to the Government’s consultation on Judicial Review.

Guy has been instrumental in establishing the South West Administrative Lawyers Association (SWALA) www.southwestadminlaw.org.

Recommendations

  • “A very eloquent advocate.” Legal 500, Public Law (2017)
  • “Guy provides clear analysis and advice.” Legal 500, Public law (2016)

He has extensive experience acting and advising in banking and mortgage disputes both for and against banks, including UK clearers. Recent and reported examples of Guy’s work include:

  • Woodeson v Credit Suisse (UK) Ltd [2016] EWHC 2775 (QB) – forex mortgage mis-selling claim
  • Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All ER 15 : [2014] Bus LR 1167 : [2014] 2 Lloyd’s Rep 549 : Times, August 28, 2014 – appeal dismissed, permission to appeal to the Supreme Court granted
  • Tidal Energy Ltd v Bank of Scotland Plc [2013] Bus LR 1379; [2013] 2 Lloyd’s Rep 605 – important issue as to meaning of payment in instruction for CHAPS transfer and generally

Recommendations

  • “His practice incorporates a wide range of commercial and Chancery cases.” Legal 500, Commercial, banking, insolvency and Chancery law (2017)
  • “A powerful advocate.” Legal 500, Commercial, banking, insolvency and Chancery law (2015)

Guy acts in a wide range of commercial disputes. Recent and reported examples of Guy’s work include:

  • Woodeson v Credit Suisse (UK) Ltd [2016] EWHC 2775 (QB) – forex mortgage mis-selling claim.
  • Monnow v Morgan CA (2016) – construction and rectification of contracts.
  • Channon v Ward [2015] EWHC 4256 (QB) – insurance broker’s professional negligence and standard form exceptions in accountants’ PII.
  • Uwug v Ball [2014] EWHC 4019 (IPEC), [2014] All ER (D) 120 (Dec) – assessment of damages in breach of design right claim.
  • Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All ER 15 : [2014] Bus LR 1167 : [2014] 2 Lloyd’s Rep 549 : Times, August 28, 2014 – appeal dismissed, permission to appeal to the Supreme Court granted.
  • Tidal Energy Ltd v Bank of Scotland Plc [2013] Bus LR 1379; [2013] 2 Lloyd’s Rep 605 – important issue as to meaning of payment in instruction for CHAPS transfer and generally.
  • Charles Terence Estates Ltd v Cornwall Council in the Court of Appeal [2013] 1 WLR 466, [2013] BLGR 97, [2013] HLR 12, [2013] PTSR 175 – acting for a local authority in Court of Appeal on appeal from judgment setting aside long leases for lack of vires and restitution of rent and grant monies paid. Raises significant issues about the relationship between public and private law concepts of ultra vires.
  • Festive Productions Ltd v Jones – Guy, after initiating a Norwich Pharmacal application in Hong Kong, obtained a worldwide freezing order from the High Court in Bristol in aid of a claim for breach of duty and receipt of unauthorised commissions by company directors.  The order was enforced in Hong Kong, Cyprus, Isle of Man and Western Australia, where the case is reported at [2012] WASC 226 and was successful in freezing some £2m of assets.
  • Kaye v Nu Skin UK Ltd (2012) – acted for individual claimant at trial of issue in High Court as to whether fair for the defendant Utah based company to rely on arbitration clause following an earlier appeal establishing that the point was arguable Kaye v Nu Skin UK Ltd [2010] 2 All ER (Comm) 832, [2011] 1 Lloyd’s Rep 40.
  • Charles Terence Estates Ltd v Cornwall Council and another [2012] PTSR 790, [2012] 1 P & CR 17, [2011] LGR 813   –  acting for a local authority in an action in the High Court to set aside long leases for lack of vires and restitution of rent and grant monies paid.
  • Barrett v Bristol City Council       [2011] EWCA Civ 734 – acted for claimant builders in High Court claim for misfeasance in public office following successful judicial review for their unlawful removal from lists of approved contractors: R v. Bristol City Council, ex p. Barrett (2001) 3 LGLR 163.
  • Betterment Properties (Weymouth) Ltd v James Carthy & Co Ltd [2010] EWCA Civ 1401, [2010] All ER (D) 210 (Dec) – acted for a property investment company at trial in the High Court and on appeal in a dispute over a ransom strip involving issues of contractual construction and highways law.

Recommendations

  • “He has the depth of knowledge and experience, but also the touch that brings it home.” Chambers UK, Commercial Dispute Resolution (2018)
  • “His practice incorporates a wide range of commercial and Chancery cases.” Legal 500, Commercial, banking, insolvency and Chancery law (2017)
  • “A powerful advocate.” Legal 500, Commercial, banking, insolvency and Chancery law (2015)
  • “Guy is highly regarded among solicitors for his innovative solutions to legal problems; one solicitor reported that ‘he came up with issues I hadn’t even thought of.’ ‘He is a blue-sky thinker – can think up arguments no one else could. He just has that scope and vision. Also, he has great perseverance – once he gets the bit between his teeth, he won’t back down. He’s fully committed to what he does; he’s a very inventive, technical lawyer.’ ” Chambers UK, Commercial Dispute Resolution (2016)
  • “Guy’s practice spans shareholders’, conflicts, trusts and contractual disputes.” Legal 500, Commercial, banking and insolvency (2015)

Guy is an experienced company and partnership lawyer. He has particular expertise in allegations of breach of fiduciary duty and the procedural routes to remedies including unfair prejudice petitions and derivative actions.  He regularly acts for solicitors in relation to their own partnership disputes. Recent and reported examples of Guy’s work include:

  • Davy v Pickering [2017] EWCA Civ 30, [2017] WLR(D) 38, The Times, 8 March 2017 – appeal to the Court of Appeal overturning decision to grant limitation directions upon restoration of company to register
  • Davy v Pickering [2015] 2 BCLC 116claim for limitation directions on restoration of a company to the register
  • Line v Baker anor [2014] 2 P & CR D36, [2014] All ER (D) 42 (May) – company law and tracing issues.
  • Re P Elliott & Co UK Ltd (In liquidation) (2012) – acted for liquidator appointed in creditors voluntary liquidation in rescinding a winding-up order.
  • (2011) – acted for solicitor in arbitration of dispute as to whether retirement or general dissolution.
  • Roberts v Gill & Co [2009] 1 WLR 531 CA; [2011] 1 AC 240 SC – appeared in leading case on derivative actions in trusts context (in the Supreme Court with Leslie Blohm QC of St Johns Chambers) in which the case law on company derivative actions and reflective loss cases were considered.
  • (2010) – advised in connection with formation of LLP structure for solicitors.
  • Salcey Arborcare and Forestry Ltd v. Cleartrack (Salcey-EvL) Ltd (2009) – acted in complex dispute including partnership and company issues involving allegations of breach of fiduciary duty and diversion of business.
  • Lindsley v Woodfull [2004] BCLC 131 CA – acted at trial in High Court and on appeal in partnership dispute involving allegations of breach of fiduciary duty.
  • Secretary of State for Trade and Industry v Ivens [1997] 2 BCLC 334 CA – directors disqualification.

Recommendations

  • “Guy is experienced in cases involving commercial arrangements between public bodies and private sector organisations.” Legal 500, public law (2014)

Guy is an experienced company and partnership lawyer. He has particular expertise in allegations of breach of fiduciary duty and the procedural routes to remedies including unfair prejudice petitions and derivative actions.  He regularly acts for solicitors in relation to their own partnership disputes. Recent and reported examples of Guy’s work include:

  • Davy v Pickering [2017] EWCA Civ 30, [2017] WLR(D) 38, The Times, 8 March 2017 – appeal to the Court of Appeal overturning decision to grant limitation directions upon restoration of company to register
  • Davy v Pickering [2015] EWHC 380 (Ch), [2015] All ER (D) 238 (Feb) – claim for limitation directions on restoration of a company to the register
  • Line v Baker anor [2014] 2 P & CR D36, [2014] All ER (D) 42 (May) – company law and tracing issues.
  • Re P Elliott & Co UK Ltd (In liquidation) (2012) – acted for liquidator appointed in creditors voluntary liquidation in rescinding a winding-up order.
  • (2011) – acted for solicitor in arbitration of dispute as to whether retirement or general dissolution.
  • Roberts v Gill & Co [2009] 1 WLR 531 CA; [2011] 1 AC 240 SC – appeared in leading case on derivative actions in trusts context (with Leslie Blohm QC in Supreme Court) in which the case law on company derivative actions and reflective loss cases were considered.
  • (2010) – advised in connection with formation of LLP structure for solicitors.
  • Salcey Arborcare and Forestry Ltd v. Cleartrack (Salcey-EvL) Ltd (2009) – acted in complex dispute including partnership and company issues involving allegations of breach of fiduciary duty and diversion of business.
  • Lindsley v Woodfull [2004] BCLC 131 CA – acted at trial in High Court and on appeal in partnership dispute involving allegations of breach of fiduciary duty.
  • Secretary of State for Trade and Industry v Ivens [1997] 2 BCLC 334 CA – directors disqualification.

Recommendations

  • “A powerful advocate.” Legal 500, Commercial, banking, insolvency and Chancery law (2015)

Guy is an experienced company and partnership lawyer. He has particular expertise in allegations of breach of fiduciary duty and the procedural routes to remedies including unfair prejudice petitions and derivative actions.  He regularly acts for solicitors in relation to their own partnership disputes. Recent and reported examples of Guy’s work include:

  • Davy v Pickering [2017] EWCA Civ 30, [2017] WLR(D) 38, The Times, 8 March 2017 – appeal to the Court of Appeal overturning decision to grant limitation directions upon restoration of company to register
  • Davy v Pickering [2015] EWHC 380 (Ch), [2015] All ER (D) 238 (Feb) – claim for limitation directions on restoration of a company to the register
  • Line v Baker anor [2014] 2 P & CR D36, [2014] All ER (D) 42 (May) – company law and tracing issues
  • Re P Elliott & Co UK Ltd (In liquidation) (2012)- acted for liquidator appointed in creditors voluntary liquidation in rescinding a winding-up order
  • (2011) – acted for solicitor in arbitration of dispute as to whether retirement or general dissolution
  • Roberts v Gill & Co [2009] 1 WLR 531 CA; [2011] 1 AC 240 SC – appeared in leading case on derivative actions in trusts context (with Leslie Blohm QC in Supreme Court) in which the case law on company derivative actions and reflective loss cases were considered
  • (2010) – advised in connection with formation of LLP structure for solicitors.
  • Salcey Arborcare and Forestry Ltd v. Cleartrack (Salcey-EvL) Ltd (2009) – acted in complex dispute including partnership and company issues involving allegations of breach of fiduciary duty and diversion of business
  • Lindsley v Woodfull [2004] BCLC 131 CA – acted at trial in High Court and on appeal in partnership dispute involving allegations of breach of fiduciary duty
  • Secretary of State for Trade and Industry v Ivens [1997] 2 BCLC 334 CA – directors disqualification

Guy has extensive experience of acting in professional negligence matters, but in particular in relation to solicitors and accountants. He has also acted for the solicitors carrying out transaction work for a major high street bank in relation to negligence issues that arose in respect of the firms handling of mortgage transactions. He has a particular expertise in limitation matters. Recent and reported examples of Guy’s work include:

  • Channon v Ward [2015] EWHC 4256 (QB) – insurance broker’s professional negligence and standard form exceptions in accountants’ PII
  • Joyce v Darby & Darby [2014] 3 EGLR 49 – court of appeal hearing in solicitor’s conveyancing matter raising difficult issues of causation

Guy is familiar with all aspects of real property including landlord and tenant. He has a particular expertise in mobile homes cases.  Recent and reported examples of Guy’s work includes:

  • Saunders v Caerphilly County Borough Council [2015] EWHC 1632 (Ch) [2015] 2 P & CR 418- whether claimant had an entitlement to have compensation assessed under Compulsory Purchase Act 1965 without limitation where possession of land taken and/or whether unconscionable for defendant authority to rely upon Limitation Act 1980.
  • R (on the application of Cawsand Management Co Ltd) v. First-Tier Tribunal (Property Chamber) [2014] EWHC 3808 (Admin); [2015] L & TR 9 – judicial review on behalf of landlord raising issues as to jurisdiction of tribunal in relation to order for management of block of flats
  • Seward v Seward [2014] All ER (D) 186 (Jun) – claim to a beneficial interest in a farm by way of proprietary estoppel
  • Line v Baker anor [2014] 2 P & CR D36, [2014] All ER (D) 42 (May) – very stale claim to trace interest in shares held by estate administered in early 1960s into a beneficial interest in a property
  • Blemain Finance Ltd v Goulding CA (Civ Div) (Rimer LJ) 17/12/2013 [2013] EWCA Civ 1630 – reserved judgment on application for permission to appeal, raising issues as to the relationship between a trustee in bankruptcy’s unregistered title to land and the rights of a person who is registered as the proprietor of an estate in the land subsequent to the bankruptcy.
  • Price v Nunn CA [2013] EWCA Civ 1002 CA (Civ Div) – appeared for the claimants on the appeal and cross-appeal in this case, which was heard over 2 days with judgment reserved.  The case raised a number of issues which are of current legal interest concerning the relationship between the court’s substantive jurisdiction and procedural powers and between public and private rights.  A number of the issues bore similarities to issues which were also raised, but not ultimately decided, in the Supreme Court case, decided on the second day of the hearing in Price v Nunn: Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] 3 WLR 299.
  • Price and anor v Nunn  [2012] EWHC 1251 (Ch), [2012] All ER (D) 117 (May) – acted on application to strike out claims to a right of way as being res judicata or an abuse of process in connection with a dispute that started in the early 1970s.  Raised issues concerning the nature of private claims to a public right of way and whether the determination of such claims could give rise to an issue estoppel; the special circumstances exception to an issue estoppel and Henderson v Henderson abuse of process.
  • Curtis v Curtis and Self Realisation Meditation Healing Centre [2011] EWCA Civ 1602, [2012] All ER (D) 46 (Jan) – acted at first instance and on appeal in successful claim to set aside declaration of trust in favour of trust for undue influence.
  • Charles Terence Estates Ltd v Cornwall Council and another [2012] PTSR 790, [2012] 1 P & CR 17, [2011] LGR 813   –  acting for a local authority in an action in the High Court to set aside long leases for lack of vires and restitution of rent and grant monies paid.
  • Betterment Properties (Weymouth) Ltd v James Carthy & Co Ltd [2010] EWCA Civ 1401, [2010] All ER (D) 210 (Dec) – acted for property investment company at trial in the High Court and on appeal to the Court of Appeal in a dispute over a ransom strip involving issues of contractual construction and highways law.
  • Morris v Morris [2008] EWCA Civ 257, [2008] All ER (D) 333 (Feb) CA, [2008] Fam Law 521, 152 Sol Jo (no 9) 31 – acted for farmer at trial and on appeal to the Court of Appeal in dispute with his former wife as to whether she had acquired an interest in the farm by way of constructive trust or proprietary estoppel as a result of carrying on a business from the farm.
  • Cawsand Fort Management Co Ltd v Stafford and ors [2007] 1 EGLR 85 (2007) L&TR 13 (Lands Tribunal); [2008] 1 WLR 371, (2007) 48 EG 145, [2007] NPC 124, [2007] All ER (D) 296 (Court of Appeal) – acted for management company of block of flats in dispute with residents as to the effectiveness of an order appointing a manager.
  • Sanders and another v Buckley [2006] EWHC 3216 (Ch), [2006] All ER (D) 307 (Dec) Acted in dispute between co-habitees as to whether informal declaration of trust obtained by undue influence.
  • Proctor v Highways Agency [2006] RVR 26, [2005] EWLands ACQ 151 2002 (Lands Tribunal) Acted for Highways Agency in dispute over valuation of mobile homes park for purposes of compulsory acquisition.
  • Mitchell v Potter [2005] EWCA Civ 88, The Times 24th January 2005 Acted on first and second appeals in dispute over extent of grant of rights to water.
  • Leeder v Stevens [2005] EWCA Civ 50, The Times 14th January 2005 Acted at first instance and on successful appeal for claimant co-habitee establishing that transfer of property obtained by undue influence.
  • Lydbrook Parochial Church Council v Forest of Dean District Council (2004) 7 Ecc LJ 495 Acted for PCC in case that establishing that local authority’s duties to maintain a closed churchyard could be enforced in private law proceedings.
  • Savory v Morrison (t/a Park Home Estates) [2002] 1 P & CR 146 – issue of contractual construction arising in relation to mobile home park rules.
  • Goodman v Evely [2001] EWCA Civ 104, [2002] HLR 53 – residential landlord and tenant.
  • Minster Chalets v Irwin Park Residents Association [2001] EWLands LRX 28 2000 – landlord and tenant.
  • Caradon District Council v Bussell [2000] 3 EGLR 57, The Times 17th May 2000 CA – restrictive covenant.
  • Nutt v Reed (1999) 32 HLR 761 The Times 3rd December 1999 CA – chattels/fixtures and mistake.
  • Mitchem v Magnus Homes South West Ltd (1996) 74 P & CR 235 CA – conditional contract.
  • Lee v Berkeley Leisure Group Ltd. (1995) 73 P&CR 493 (Mobile Homes).

Recommendations

  • “Extremely commercial and highly intelligent. He has a great manner and is good on his feet.” Chambers UK, Real Estate Litigation (2018)
  • “Very experienced in property disputes.” Legal 500, Property (2017)
  • “Guy is an experienced chancery practitioner with a strong focus on property work. His expertise covers commercial and residential landlord and tenant matters as well as development issues. ‘A most inventive thinker. You think you cover all the angles in court, and then he comes up with something completely novel.’ ‘He’s keen, driven and is a self-motivator.’ ” Chambers UK, Real Estate Litigation (2017)
  • “A very persuasive advocate.” Legal 500, Property (2016)
  • “He has in-depth knowledge of property law, and specialist agricultural knowledge.” Legal 500, Property (2015)

Guy has a thorough understanding of trust principles and acts and advises in connection with the administration of trusts and estates. He has a particular expertise in derivative actions.  Recent and reported examples of Guy’s work include:

  • Seward v Seward [2014] All ER (D) 186 (Jun) – claim to a beneficial interest in a farm by way of proprietary estoppel
  • Line v Baker anor [2014] 2 P & CR D36, [2014] All ER (D) 42 (May) – very stale claim to trace interest in shares held by estate administered in early 1960s into a beneficial interest in a property
  • Roberts v Gill & Co [2009] 1 WLR 531 CA; [2011] 1 AC 240 SC Acted (led by Leslie Blohm QC in the Supreme Court) for a beneficiary of an estate seeking to bring a derivative claim in respect of allegedly negligent advice given to the administrator of the estate.
  • Pagliaro v. Thomas and ors [2008] WTLR 1417 Acted for trustees in relation to case concerning the administration of trusts and the apportionment of capital and interest.
  • Morris v Morris [2008] EWCA Civ 257, [2008] All ER (D) 333 (Feb) CA, [2008] Fam Law 521, 152 Sol Jo (no 9) 31 Acted for farmer at trial and on appeal to the Court of Appeal in dispute with his former wife as to whether she had acquired an interest in the farm by way of constructive trust or proprietary estoppel as a result of carrying on a business from the farm.

Published article:”There but for the grace of God: Roberts v Gill & Co [2011] AC 240″, Trusts and Trustees 2011

Recommendations

  • “A powerful advocate.” Legal 500, Commercial, banking, insolvency and Chancery law (2016)

Practice Overview

Guy is a chancery and commercial specialist who acts in complex cases across a range of practice areas.  His practice extends from advising and acting for commercial clients in purely commercial contract matters, through shareholders disputes, disputes arising on the sale of a business, termination of office or the break up of a professional partnership to more traditional chancery matters such as landlord and tenant, property and trusts.

Guy has a particular interest in equitable remedies for breaches of fiduciary duty, setting aside seemingly effective transactions for mistake, misrepresentation or undue influence or enforcing informal or flawed transactions by invoking the principles of constructive trust or estoppel.

In administrative law matters Guy has particular experience of acting for commercial clients whose business interests have been adversely affected by administrative decisions.

He has extensive appellate experience at all levels up to the Supreme Court.

“He has the depth of knowledge and experience, but also the touch that brings it home.” Chambers UK, Commercial Dispute Resolution (2018)

Background

Guy won entrance scholarships to Stowe School and Trinity College, Cambridge, where he read Natural Sciences and Law. He did his pupillage in London in Chancery and Administrative Law chambers.

Personal

Guy is married and lives in Bristol. He has 2 children and enjoys sailing with his family in their classic yacht.