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Jac Armstrong

Call: 2013
Inn: Inner Temple
Chancery and Commercial Court of Protection Insolvency Landlord & Tenant Wills, Probate & Trusts
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Professional Profile

Jac joined chambers after completing a Chancery and Commercial (Business and Property) pupillage. He read Jurisprudence (Law) at St Peter’s College, University of Oxford before completing an MSc in Research Methods and Quantitative Analysis, and a PhD in Law.He undertook the Bar Professional Training Course at Manchester Metropolitan University, achieving the classification: Very Competent. For this course Jac was awarded the Paul Methven Scholarship and an Exhibition award by Inner Temple.Prior to commencing pupillage, Jac was a Senior Lecturer at the University of Chester Law School. Whilst an academic Jac presented his work at numerous national, and international conferences, published a number of peer reviewed works in academic journals and was appointed a Fellow of the Higher Education Academy. He has also held external examiner positions at Universities in the North of England. Jac has delivered numerous seminars both within the Atlantic Chambers Chancery Group Seminar series and also in-house, and at the Liverpool Law Society. The previous topics of Jac’s seminars have included the (then) new Insolvency Rules in 2016, Commercial Tenancy Break Clauses, Injunctions and recent (2019) case updates in respect of claims under the Inheritance (Provision for Family and Dependents) Act 1975.Jac was previously appointed to the Attorney General’s Civil Panel Counsel Junior Scheme (2016) and is presently appointed to the Welsh Government Junior Barrister Public Law Scheme (2016).He accepts work across all the areas of law covered by the Chancery and Commercial (Business and Property) practice group having appeared in the county court and high court, in addition to specialist tribunals. He is very familiar with electronic working and able to accept instructions electronically, conduct conferences remotely and is capable of conducting all types of Court work remotely. Where required, he is able to assist solicitors in the preparation for remote hearings.Jac grew up in North Wales and enjoys playing and watching rugby and football. He regularly assists his Inn of Court (Inner Temple) with student interview days, advocacy weekends and other activities.

 

Areas of Work

Chancery and Commercial

Property is the focus of Jac’s practice. He has experience of all disputes with a property element, including boundary disputes, disputes involving conveyancing, mortgages, covenants, easements, adverse possession, trusts of land, estoppel, highways, planning, construction of transfer agreements, and adverse possession.Within his property practice Jac is experienced in all matters relating to landlord & tenant disputes including commercial & residential leases, social housing tenancies, possession claims, dilapidations & disrepair claims, service charge disputes, enfranchisement and issues relating to agricultural tenancies.His experience covers all claims in the Courts and specialist property tribunals and includes:-• Boundaries – construction of transfers, adverse possession and estoppel• Business Rates and Council Tax• Commons and village greens• Construction and building disputes• Conveyancing – registration, construction of contracts, rectification, termination, options, pre-emption rights and overage• Co-ownership – express, constructive and resulting trusts, equitable accounting, proprietary estoppel and TLATA 1996• Covenants against assignment• Dilapidations• Easements and highways – rights of way, light and support• Claims under The Inheritance Act 1975• Landlord and tenant• Rent Repayment Order Applications• Leasehold enfranchisement• Lease termination and possession – surrender, forfeiture, relief and waiver, disclaimer, break clauses• Mortgages and charges – legal and equitable, priorities, undue influence, mortgages’ duties, receivers• Planning• Professional negligence – (including conveyancers and surveyors)• Profits – water and sporting rights• Real property• Rectification and construction of contracts• Rent reviews• Restrictive covenants – enforceability, and removal or modification in the Lands Tribunal• Security of tenure – business lease renewal, residential security of tenure, agricultural successions, licences and service occupiers• Trespass and nuisance

Both within the context of Trusts of Land, and all non-land settled trusts, Jac’s practice includes all aspects of Trusts and the disputes involving them. This includes construction and interpretation of trust terms, the variation of trusts, powers of trustees and the exercise of their discretion, the removal and appointment of trustees, actions for breach of fiduciary duties, Cy-Pres’ applications and schemes of arrangement, all forms of estoppel, constructive and resulting trusts.

Professional Negligence

Jac accepts instructions to act in professional negligence claims against professionals including:-• Solicitors, barristers and other providers of legal services• Company directors• Actuaries• Surveyors and valuers• Accountants and auditors• Chartered tax advisors• Construction professionals (including builders, engineers, architects and quantity surveyors)• Financial services professionals• Information technology professionals• Insolvency practitioners• Insurance brokers & agents• Patent agents

Commercial

Jac’s practice encompasses the full spectrum of Commercial law – including contract disputes, insolvency, debt claims, intellectual property (trademark, passing off and copyright disputes), sale of goods, construction disputes & consumer credit disputes. His academic background as a senior lecturer of contract law provided an extensive foundation upon which his experience in practice has been built. Some examples of this work include:-• Acting for lenders and borrowers in relation to matters concerning commercial and residential lending• Acting for parties engaged in contractual disputes• Acting for parties engaged in construction disputes• Enforcement of judgments• Protection of proprietary information including trademarks, actions for passing off, and copyright infringement• All aspects of partnership law, including partnership disputes and dissolution.

As a property barrister Jac’s practice includes property disputes within a family context, including claims of cohabiting couples under the Trusts of Land and Appointment of Trustees Act 1996 and also financial remedy proceedings. Having undertaken a Chancery (business and property) pupillage he has a wealth of experience in complex property matters which can overlap family disputes, for example claims involving jointly run businesses, whether as companies or partnerships, farming related disputes, and the consequences of the insolvency of a civil partner or spouse.

Wills, Probate & Trusts

Jac undertakes an extensive amount of probate work, both contentious and non-contentious and is regularly instructed in matters involving challenges to the validity of wills and testamentary documents, construction and rectification of testamentary documents, life-time gifts, challenges to the appointment of executors and administrators, the removal of caveats entered against estates, and also claims under the Inheritance (Provision for Family and Dependents) Act 1975.Recent cases have also involved jurisdiction issues, such as beneficiaries and those having entered caveats against the estate being resident in countries outside of the Jurisdiction of England and Wales.Examples of Jac’s experience in probate matters includes:-• Administration of estates• Claims under The Inheritance (Provision for Family and Dependants) Act 1975• Co-ownership disputes• Construction of wills and trusts deeds• Court of Protection claims• Probate disputes (challenges to wills for want of due execution, lack of capacity, want of knowledge and approval, and undue influence)• Removal and substitution of executors and administrators• Professional negligence claims involving wills and estates• Trustee and beneficiary disputes

Both within the context of Trusts of Land, and all non-land settled trusts, Jac’s practice includes all aspects of Trusts and the disputes involving them. This includes construction and interpretation of trust terms, the variation of trusts, powers of trustees and the exercise of their discretion, the removal and appointment of trustees, actions for breach of fiduciary duties, Cy-Pres’ applications and schemes of arrangement, all forms of estoppel, constructive and resulting trusts.

Insolvency

Jac is instructed across the range of Chambers’ insolvency practice, both in respect of individuals and companies. He has appeared in the winding up lists and frequently appears in the applications lists in insolvency matters.His experience includes opinions, drafting and advocacy on a wide range of insolvency matters including:• Personal Bankruptcy including Bankruptcy Petitions and Applications to Set- Aside Statutory Demands• Public Examination of Bankrupts• Corporate Insolvency including Winding-up Petitions and Applications to Set- Aside Statutory Demands• Orders for Sale by the Trustee in Bankruptcy• Administration Applications and Applications for extension of an Administrator’s term of office• Applications for directions to office holders from the court• Advising officeholders generally• Transactions at an undervalue, preference and misfeasance pleadings and trials• Applications to prevent the presentation of winding up petitions, or their advertisement, and contested winding up petitions• Remuneration applications• Interim and final applications to suspend discharge from bankruptcy• Advising on and appearing in director’s disqualification proceedings and BROs• Company restorations, combined with appointment/reappointments of liquidators or administrators

Further Information

Notable Cases

Ball v Sefton Metropolitan Borough Council [2021] UKUT 42 (LC); [2021] 2 WLUK 285