Hugh Jackson

1981

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Hugh Jackson
020 7420 9500

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Chambers & Partners 2019Legal 500 2019

Commended for the wealth of experience that he has built up during the course of his distinguished career, and his ability to master the detail of cases, Hugh is ranked in both the Legal 500, 2018 and Chambers Guide 2019. He is a commercial chancery practitioner with a very active practice centred on land and finance, trade, business and technology. He has an extensive track record in loss recovery in professional negligence and title reconstruction, fraud, tracing and asset recovery including related freezing orders. ‘Excellent both on paper and on his feet, and very reassuring with clients’, he has particular experience of the preparation, presentation and control of multiple claim/multiple defendant managed cases.

Regarded by his clients and peers as a professional negligence specialist, he is counsel of choice for many institutional lenders, as well as private clients, in loss recovery claims and claims against professionals, particularly involving solicitors’ misconduct, as well as surveyors/valuers. His knowledge and expertise in both the business of lending money, backed with real property security and the complex issues concerning recovery of loss by litigation, ranges across the BTL investment, retail, sub-prime and bridging finance industries.

His professional negligence practice extends also to company auditors’ and tax advisers’ negligence and private client claims. He has been retained by leading lending institutions to advise as to the drafting of terms governing their relationships with “panel” solicitors and valuers.

Aside from the lending industry, Hugh’s work extends also to corporate and joint venture disputes including directors’ duties and liabilities, and disputes concerning shareholder rights and remedies. He is presently retained in a number of substantial s.994 “unfair prejudice” petitions and shareholder-agreement disputes. His work in insolvency is a natural adjunct.

Hugh has extensive experience also in land and title disputes and, in particular, mortgage fraud in the context of title to Registered Land together also with the aspects of rectification and indemnity connected with such disputes.

Hugh’s passion for information technology is an asset in e-disclosure and in embezzlement loss recovery claims. He has been retained in software, systems development and database intrusion disputes. He acted for insurers in resisting a major claim in the TCC against software developers brought by one of Britain’s largest cash and carry supermarkets.

Hugh sits as a Judge of the First Tier Tribunal, Property Chamber (Land Registration Division).  He is also an accredited mediator.

Please see Hugh’s Privacy Notice here.

Notable cases

  • Shepherd v Byrne & Partners LLP [2017] EWHC 758 – (adviser’s negligence as to disclosure to HMRC of undisclosed income)
  • Earnshaw v Prudential Assurance Co Ltd [2017] EWHC 916 (Ch) (duties owed by pensions administrator to trustees of scheme)
  • McFaddens Solicitors v Chandrasekaran [2014] EWHC 2028 (QB); Turner J(committal for contempt)
  • McFaddens Solicitors v Chandrasekaran 2014 WL 1219772 Master Cook – (discharge of charging orders)
  • Rightmatch Ltd v Meisels [2014] B.P.I.R. 733 (Court’s approach to the exercise of discretion on hearing of bankruptcy petition based on judgment contested on basis of cross claim)
  • McFaddens Solicitors v Chandrasekaran [2013] EWCA Civ 1315 (law as to sham transactions applied to trusts)
  • Horn v Commercial Acceptances [2012] EWCA Civ 958
    (Construction of loan agreement and associated trust deed)
  • Ibrahim v Barclays Bank Plc, Court of Appeal  [2012] 2 Lloyd’s Rep 13 (CA)
    (Discharge of debtor’s liability by creditor recovering an amount equivalent to the debt from a bank that had provided a standby letter of credit)
  • Paragon Mortgages Ltd v McEwan-Peters  [2011] EWHC 2491 Commercial Court
    (Guarantees / indemnities in buy-to-let lending; Unfair Relationships provisions of Consumer Credit Act 1974)
  • Ibrahim v Barclays Bank Plc [2011] EWHC 1897 (Ch)
    (Contracts of indemnity; Debts; Discharge; Equitable remedies; Intention; Letters of credit; Restitution; Subrogation; Unjust enrichment)
  • Horn v Commercial Acceptances Ltd [2011] EWHC 1757 (Ch)
    (Meaning of good faith in the context of a commercial contract)
  • Paragon Mortgages Ltd v Hyett 29.11.10; Ch Div (Manchester)
    (Non- applicability of Unfair Relationships provisions of Consumer Creditor Act 1974 to guarantee / indemnity)
  • Midland Packaging v HW, Chartered Accountants [2010] EWHC 1975 (QB)
    (Professional negligence in inheritance tax advice);
  • Thomas v BPE Solicitors (A Firm) [2010] EWHC 306 (Ch)
    (Professional negligence in share sale)
  • VFS Financial Services (UK) Ltd v Euro Auctions (UK) Ltd [2007] EWHC 1492
    (Hire purchase and damages in conversion)
  • Bishop v Blake [2006] 17 EG 113 (CS) Sir Francis Ferris(liability of a mortgagee to account on sale of a pub at an undervalue)
    Nouri v Razaq and Bank of Scotland [2006] 12 EG 196
    (Identity theft; forged transfer of land; successfully resisted claim to rectification of charges Register)
  • Atake v Pavey 20.10.05 HMLR Adjudication
    (Identity theft; forged transfer of land; factors to be taken into account on exercise of discretion to order rectification of Register)
  • Marsh v Sofaer [2004] PNLR 24
    (No duty upon solicitor to convey conclusions which might have been reached by him as to client’s mental capacity)
  • Scottish Widows plc v Tripipatkul [2004] L&TR 12
    (s.178 Insolvency Act 1986 – whether reversion of lease had notional existence capable of passing on assignment after disclaimer)
  • Martyn Rose Ltd & another v AKG Group Ltd & others [2003] 2 BCLC 102
    (Shareholders’ agreement – whether offer of payment by installments bound shareholder to sell)
    Bradford & Bingley plc v Hayes and Dunphys West London Ltd (25.7.01 QBD)
    (Responsibility for individual valuer for valuation report)
  • Commercial Acceptances Ltd v Shaikh (22.6.01 New Law Online) Ch Div
    (principles applicable to the exercise of discretion to order rectification of the Land Register).
  • Bank of Ireland v Bell [2001] 3 FLR 134 (CA)
    (Principles to be applied in exercising discretion to order sale of a property under sections 14 and 15 Trusts of Land and Appointment of Trustees Act 1996).
  • Struggles v Lloyds TSB (2000) EGCS 17
    (Application of mortgagee’s duties to the sale of a quarry).
  • Birmingham Midshires Building Society v Infields [1999] Lloyds Rep PN 874
    (Limitation in a lender’s claim – whether lender could have discovered claim).
  • Bristol & West v Fancy & Jackson [1997] 4 All ER 582
    (Leading judgement in professional negligence claims brought on behalf of lenders).
  • Bristol & West v Baden Barnes Groves [2000] Lloyd’s Rep PN 788 S
    (Whether solicitors acting for lender and borrower were obliged to report to one client information acquired about the other outside the performance of the retainer and whether conflict of interests arose.)

Recommendations

Ranked in Tier 2 for Professional Negligence by the Legal 500 2015, he is praised as ‘A very impressive advocate who is commercial and personable.’

“Leading Junior” in both Commercial Dispute Resolution and Professional Negligence  (Chambers & Partners Client Guide 2014)
“Leading Junior” in Professional Negligence (Legal 500: 2012)

Published comment includes:

“He’s absolutely on top of his game, great with clients and good when you need a fighter”. “He’s a joy to work with as he’s always happy for us to pick up the phone to discuss matters informally” (Chambers & Partners, 2014)

“excellent both on paper and on his feet, and very reassuring with clients” (Legal 500 2012)

Clients value the “enthusiasm and freshness” he brings to complex claims. He comes highly recommended for ‘unravelling particularly complicated technical issues’ and giving ‘well-reasoned, balanced advice’.” (Chambers & Partners Client Guide 2012)
“a practical lawyer and a tenacious fighter” . “a thorough, client-facing lawyer who adds great value” (Chambers & Partners Client Guide 2011)
“analytical approach and a first class attention to detail in high value cases”

Memberships

  • Chancery Bar Association
  • Professional Negligence Bar Association
  • Financial Services Lawyers Association
  • Property Bar Association
  • Society for Computers & Law
  • Fellow of the Chartered Institute of Arbitrators.