Christopher Aylwin

Christopher Aylwin

Call 1970

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Christopher Aylwin is a Civil Practitioner with particular expertise in corporate and commercial matters, including minority shareholders' petitions and directors' disqualification; building and civil engineering disputes and professional negligence.

Christopher is a Tecbar Accredited Adjudicator.

For more information see his specialist profiles.

Notable Cases

Scriven v Scriven and Evans Mockler Limited [2015] EWHC 1690 (Ch)
A substantial trial (involving over 75 lever arch files of documents) regarding, inter alia, an examination of the fiduciary, contractual and common law duties owed by a firm of accountants to the promoter, shareholder and director of a series of private, family-owned trading and property companies, such duties having to be established in the absence of any express retainer or client care letter; together with complex issues of causation and an evaluation of the measure of damages associated with various alleged breaches of the accountant’s duty resulting in lost profits and loss of capital gain.

Gallarotti v Sebastianelli [2012] EWCA Civ 865; [2012] Fam Law 1206; [2012] 2 P and CR DG 17
The factors to be taken into account when determining the beneficial interests of parties to a Stack v Dowden/Jones v Kernott common intention constructive trust arising out of a domestic property purchase, where the property had been purchased in the name of one party only and financial contributions to the purchase price were unequal.

Kingfisher Builders v Sear [2011] EWHC 1122 TCC
Contractual rights of the parties to a building contract in circumstances in which the work content had been so substantially varied as to virtually amount to a new contract.

Lloyds TSB Bank plc v Markandan and Uddin (a firm) [2010] EWHC 2517 (Ch); [2011] PNLR 6; [2011] P and CR DG 11; and [2012] EWCA Civ 65; [2012] 2 AllER 884; [2012] PNLR 20
Rights of a mortgage lender under the terms of a bare trust to recover mortgage monies paid away by its solicitors as the result of a fraud perpetrated on both the solicitors and the mortgage lender by the purported vendors of a property, without any involvement in the fraud on the part of the solicitors.

Plumbly v Beatthatquote.com Limited [2009] EWHC 321 QB
Refusal of a company to make an allotment of shares under an employee share option agreement, where the claimant was alleged to have acted in repudiatory breach of his contract of employment.

Moriarty and Another v Customers of BA Peters plc [2008] EWCA Civ 1604; [2010] BCLC 142; [2009] BPIR 248; [2011] WTLR 1661
The rights of customers of a company in administration whose monies were received by the company prior to administration on trust terms but which were nonetheless used by the company to reduce its indebtedness to its bankers on its overdrawn current account.

Moriarty and Another v Customers of BA Peters plc [2008] EWHC 2005 (Ch); [2010] 1 BCLC 110; [2008] BPIR 1180
Dispersal of a brokerage company’s assets by administrators when part of the relevant assets comprised deposit monies received from customers on trust terms, prior to the administration.

O’Brien and Another v Dempsey [2008] EWHC 357 (QB)
The correct approach to the assessment of the reliability of witnesses in a claim for the recovery of two loans where the existence of the loans was disputed, the loans were not evidenced in writing and they had been made in confusing circumstances.

Thurgood v Coyle [2007] EWHC 2696 (Ch)
Whether the administrator of a property development company had the right to sell construction design rights which were the subject of restrictions on assignability contained in a JCT design and build contract, to a purchaser of the company’s assets.

Technip-Coflexip and Others v Tube Tech International Limited [2005] EWCA Civ 1369; 106 Con LR 32
Whether a specialist contract for the cleaning of a major component at a liquefied natural gas refinery based upon a daily rate for the provision of men and equipment, was a contract for services or a contract of hire.

Tube Tech International Limited v Technip-Coflexip and Others [2004] EWHC 2 (TCC)
Ostensible authority of an offshore company to enter into a contract on behalf of an international consortium comprising its controlling shareholders.

Elvee Limited v Taylor and Others [2001] EWCA Civ 1943
Discharge of search and seizure orders on grounds of material non-disclosure where there is a need to preserve physical evidence resulting from execution of the order.

Nayler v Beard and Others [2001] EWCA Civ 1201
Disclosure in partnership proceedings of an affidavit of means sworn by one of the partners in matrimonial proceedings.

R v Grainger and Another [2001] EWCA Crim 1648
Whether the Court has jurisdiction under the Company Directors Disqualification Act to limit disqualification to directorship of a public company.

Tongyuan (USA) International Trading Group v Uni-Clan Limited [2001]
Available grounds for resisting summary enforcement in the UK of a foreign arbitration award.

News

July 10 2012:

Christopher Aylwin appeared in the Court of Appeal  ...read more


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Academic Qualifications

MA (Cantab)

Professional Bodies

  • Chancery Bar Association
  • London Common Law and Commercial Bar Association
  • Professional Negligence Bar Association (PNBA)
  • Tecbar Accredited Adjudicator
  • Technology & Construction Bar Association (TECBAR)