Charles Goodall

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Barrister

When working for a client, I seek to reach a practical solution whether that is through the courts or mediation or negotiation. If matters do reach court, then I am a forceful and resourceful advocate whether in examination in chief, cross examination or in submissions.

Much of my work is taken up with advice work, both written and in conference. I consider that I write clear and comprehensive advices and that my manner in conference is approachable. I believe in a thorough approach so that a client should know the strengths and weaknesses of their case at the outset.

If I was asked for the best professional compliment I have received, I would say it was being instructed on a case by a commercial organisation on the recommendation of a director against who I had obtained judgment a few weeks earlier.

My practice covers the following areas:

Property

This is the major are of my practice and most of my work is related to this in one way or another. My practice covers nearly all areas of real property, and in particular:

  • Property Ownership: This includes questions of constructive, resulting and implied trusts and other questions of Co-Ownership; Proprietary Estoppel; Trusts of Land and Appointment of Trustees Act applications;  Freehold covenants; Undue influence and other abuses of position; Boundary Disputes and Adverse Possession; Questions of the effects of registration and non-registration of title and rights under the Land Registration Acts 1925 and 2002; Nuisance claims and trespass;  Partnership disputes; Land Options and Pre-Emption Rights; and Rights over property including Easements and Profits a prendre.
  • Landlord and Tenant: business, agricultural and residential – including questions of possession, renewals, breaches of covenants and dilapidations and licences.
Professional Negligence

Often arising out of property, probate and trust matters, and including solicitors, barristers, accountants and surveyors.

Contentious Probate and Inheritance Act claims

Including the interpretation of Wills, questions of administration including the operation of trusts, and disputing the validity of a Will.

Contractual and Partnership Disputes

 Issues have involved questions of the formalities of contracts, mutual and unilateral mistake, misrepresentation, fraud, guarantees and sureties and issues involving agency. In relation to partnership disputes, which often involve issues of real property and landlord and tenant then a holistic approach can be provided.

Insolvency

Including resisting and seeking to set aside statutory demands, seeking bankruptcy orders or their annulment, post-bankruptcy work including the nature of bankrupt’s property and as to assignment of mixed actions.

I also have experience of costs disputes, judicial review and defamation.

Memberships/Qualifications

Chancery Bar Association

Western Circuit

Notable Cases

Re Purvis [1997] 3 All ER 663, [1998] BPIR 153 – when is it appropriate to make a change carriage order in Insolvency proceedings

Woolls v Powling (9.3.99) TLR – the admission of extrinsic evidence in a boundary dispute

Wilson v Maple Division [1999] BPIR 102 – issues in relation to the Consumer Credit Act in Insolvency proceedings

Purvis v H.M.Customs & Excise [1999] BPIR 396 – nature of the appeal and evidence on that appeal in Insolvency proceedings

Gully v Dix [2004] 1 WLR 1399, [2004] 1 FLR 918 – Inheritance (Provision for Family and Dependents) Act 1975

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