Oliver Wooding


Oliver Wooding

Call 2009 (Middle Temple)
Qualifications BA (Hons) Modern History (Oxon.), M.St Modern History (History of the United States of America) (Oxon.), GDL (City)
Awards Exhibitioner of Lincoln College, Oxford (2003-2005), Scholarship from the Rhodes Trust (2003), Queen Mother Scholar and Harmsworth Entrance Exhibitioner of Middle Temple (2007-2009)

Expertise


Oliver acts for and advises landowners and farming tenants in a wide range of agricultural and rural matters, and other incidental legal disputes. He is also a member of the Agricultural Law Association.

Recent cases include defending a claim for possession of land where the existence of a 1986 Act Tenancy or FBT was in issue, advising on the operation of an option to purchase farmland, and advising on and acting in the matter of a disputed Estate consisting of an ongoing farm business in Cornwall. He has also advised on potential challenges to decisions made by the RPA and been involved with a negligence claim against land agents involving delayed submissions for BPS payments.

Oliver had a broad commercial practice encompassing both advisory and advocacy work, at trial and using alternative dispute resolution.  His recent workload includes:

  • advising and appearing in a claim for unpaid invoices involving issues of contract formation;
  • obtaining judgment in a claim in restitution for monies paid by mistake;
  • advising and appearing in a multi-party claim involving loans between family members which was successfully settled;
  • obtaining interim security and final judgment for over £75,000 for a company against an ex-employee.

Oliver’s Court of Protection experience primarily relates to property and affairs matters.  He has advised on matters including applications for authorisation of inter vivos gifts (including those with an IHT aspect), statutory wills, matters involving financial abuse involving attorneys and deputies, and authorisation of specific transactions.  He has appeared in the Court of Protection in London and Bristol.

Oliver accepts instructions involving bankruptcy and corporate insolvency.  He has acted on behalf of banks and other institutional lenders in successfully resisting appeals from bankruptcy orders.

 

Oliver is a trained mediator and experienced mediation counsel who deals with a whole range of legal disputes, but in particular contentious probate, trusts, and property disputes. He offers a practical and friendly approach that encourages parties, even in fiercely contested matters, to take advantage of the mediation process in order to settle their disputes and avoid the stress, effort, and costs of trial.

Oliver trained with the London School of Mediation. Although based in the South West, he attends mediations throughout the country and has undertaken mediation by telephone. His recent experience includes mediations of claims under Inheritance (Provision for Family and Dependants) Act 1975, challenges to wills and lifetime gifts, proprietary estoppel/constructive trust claims, and lease renewal.

Oliver acts on behalf of claimants and defendants in a wide range of professional negligence matters.  His recent caseload includes:

  • appearing on behalf of a firm of solicitors defending a claim for under-settlement of litigation;
  • advising surveyors in a variety of professions, from marine to land, defending claims in negligence;
  • advising and drafting pleadings on behalf of leasehold agents, architects, solicitors, and individuals;
  • acting in a claim against solicitors for wrongfully paying money to a third party;
  • acting in a claim against solicitors for negligent advice in conveyancing transactions.

Oliver is experienced in both residential and commercial landlord and tenant disputes, mortgages, boundary disputes, mobile homes, and co-ownership and trusts of land.  He advises and appears on behalf of claimants and his recent case load includes:

  • appearing in the Leasehold Valuation Tribunal on behalf of landlords in claims for the replacement of managers and determination of service charges;
  • successfully representing a claimant to obtain a beneficial interest in property by way of proprietary estoppel in a two day trial;
  • successfully defeating a claim for the return of a deposit under s. 49(2) Law of Property Act 1925 and obtaining judgment on the counterclaim in a three day trial;
  • advising and appearing in a claim by a landlord for damages in waste;
  • advising on the construction and enforcement of leases;
  • regularly advising and appearing in possession claims throughout the South West for claimants and defendants.

Oliver advises and appears on behalf of claimants and defendants across a spectrum of property insurance matters.  As well as disputes, Oliver can also advise on policy coverage matters.  Recent cases include:

  • Advising and drafting particulars of claim in a residential flooding dispute;
  • Appearing on behalf of a claimant in c. £200,000 claim for fire damage to commercial premises.

Oliver is regularly instructed in a variety of contentious and non-contentious probate matters.  He is a student member of STEP and ACTAPS and gives regular talks in the subject area.

He appeared successfully for the claimant in the first reported case to consider s. 67 Adoption and Children Act 2002 and the construction of a will – Hardy v Hardy [2013] EWHC 83 Ch, [2013] All ER (D) 214 (Jan).  His other contentious probate experience includes:

  • appearing on behalf of the claimant successfully challenging a will on the grounds of testamentary capacity;
  • advising and appearing at mediation on behalf of a defendant executrix in a claim for an account and her removal.

He has a wide range of experience of claims under Inheritance (Provision for Family and Dependants) Act 1975 on behalf of claimants and defendants.  He is regularly instructed to appear at mediation.  Recent cases include:

  • a claim involving assets in England and Turkey;
  • a claim by a minor child including obtaining a declaration of paternity;
  • advising the executors of an estate on a claim brought by a spouse;
  • successfully obtaining permission out of time for an adult child.

Oliver’s non-contentious experience includes advising on the construction of wills and the property administration of estates and appearing before the Probate Registrar in applications under the Non-Contentious Probate Rules 1987.

He also advises and appears in trusts matters, including recently advising on the administration of an employee benefit trust.

Recommendations 

  • “An excellent advocate, well liked by clients, responsive and a good team player.” “He’s going great guns at the moment, attracting a lot of work and being very successful.” Chambers UK, Chancery (2018)

Practice Overview

Oliver has a commercial and chancery practice, with particular interests in contentious and non-contentious probate, property, and professional negligence.  Oliver grew up in Somerset and went to school in Taunton.  He then read History at Lincoln College, Oxford, during which time he was awarded a scholarship to study abroad at Princeton University.  Before coming to the Bar he worked in Bideford and Westminster as Parliamentary Assistant to Geoffrey Cox, QC, MP.

Oliver is qualified to undertake public access work in appropriate cases. For further information, please visit our Public Access page.

Interests

Oliver’s interests include history, cricket (he is notionally in charge of Chambers’ cricket team), most other sports (particularly athletics); he won a Half Blue in the hammer whilst at Oxford, and country music.  He lives with his wife in Exeter.