- Neil Grisdale
- Lee Cadwallader
Education and Memberships
- LL.B (Hons)
- LL.M (Cantab)
- Insolvency Lawyers' Association
- Chancery Bar Association
- Northern Chancery Bar Association
- Northern Circuit Commercial Bar Association
Areas of Work
- Chancery and Commercial
Graham has a general and extremely varied Chancery & Commercial practice but a significant proportion of his property work is now insolvency related. He has a widely recognized & extremely well-respected national insolvency practice & regularly appears for insolvency practitioners in the big accountancy firms such as BDO / PKF (UK), KPMG & PwC. In addition to the big national firms, Graham also undertakes regular appearances in the Insolvency Courts on behalf of the smaller accountancy firms & more local IPs.
The varied nature of Graham's practice can be seen from his various reported cases referred to below, many of which are insolvency related.
Graham also undertakes work in all the major areas of Chancery & Commercial law including:
- Insolvency (both personal bankruptcy & corporate insolvency)
- Land & property law, including landlord & tenant
- Conveyancing, mortgages & charges
- Co-ownership & TOLATA 1996
- Boundaries & Land Registry work
- Wills, probate, succession & administration of estates
- Family provision - Inheritance Act 1975
- Elderly client law, including Court of Protection
- Company, including disqualification work
- Contract & tort
- Commercial litigation, including injunctions & interim remedies
- Building / construction disputes in the TCC
- Professional negligence
- Partnerships & LLPs
In his 26 years at the Chancery Bar, Graham has been involved in all types of litigation from the small claim's court right up to the House of Lords (Supreme Court). Graham adopts a dynamic, extremely pro-active & thoroughly 'hands-on' approach to his work and believes that clients are entitled to & best served by no-nonsense, jargon free advice which allows them to understand their true position & make realistic and meaningful decisions at times of personal crisis. He firmly believes that early identification of the essential issues is often the key to resolving matters at proportionate cost.
Over the years however, Graham has been instructed in relation to the Chancery aspects of a number of very high-profile murder cases. In this regard he has been involved in:
- the Paula Gilfoyle murder - murder of heavily pregnant wife by her husband;
- the Rosenthal murders - murder of both parents by their own son held at Ashworth hospital;
- the Cheryl Lewis murder - murder of local solicitor by her boyfriend whilst in Egypt;
- the Brian Blackwell murders - murder of both parents in Melling by their own exceptionally gifted son who was due to read medicine at Nottingham University.
Graham is more than happy to discuss potential cases with Solicitors before the receipt of formal instructions and if assistance at a preliminary stage would be of help, then Solicitors should feel free to give him a call at any time.
Graham is authorised to and does accept public access work.
- Promontoria (Pine) Designated Activity Company v Hancock EWHC 259 (Ch)
High Court: Creditor's appeal against the setting aside of a statutory demand made against a debtor dismissed on the basis that (contrary to the main submission of the creditor) it was relevant whether a deed of assignment transferring the debt from the Bank to the creditor had been validly executed or not.
- Hancock v United Kingdom(2021)
European Court of Human Rights (Strasbourg): application to the ECtHR following the decision of the Supreme Court - allegations of breaches of Articles 6 ('Right to a fair trial') and 14 ('Prohibition of discrimination').
- Hancock v Promontoria (Chestnut) Ltd- Supreme Court, 2.11.2020
Supreme Court (Lords Reed, Briggs and Stephens): application to the Supreme Court following the decision of the Court of Appeal.
- Hancock v Promontoria (Chestnut) Ltd 4 WLR 1000
Shaw v Office of the Adjudicator  5 WLUK 239
County Court at Liverpool: Ground breaking decisionas to the correct approach by the Adjudicator to s.263K(1)(b) of the IA 1986 (as amended) and how pension funds should be treated
- Promontoria (Chestnut) Ltd v Steeds  EWHC 693 (QB)
High Court: Renewed application for permission to appeal a refusal of specific disclosure in the context of an allegation of judicial bias / unfair hearing.
- Re: JPF Clarke (Construction) Ltd  9 WLUK 245
High Court: Appeals against Joint Supervisors' rejection of proofs of debt in a CVA in the context of a construction contract and previous adjudicators' decisions.
- Hancock v Promontoria (Chestnut) Ltd  EWHC 2646 (Ch)
High Court: Substantive insolvency appeal hearing in respect of whether or not an alleged creditor could actually show good title to certain alleged debts. Detailed issues as to construction/interpretation of an Assignment and Assumption Deed.
- Hancock v Promontoria (Chestnut) Ltd  EWHC 2934 (Ch)
High Court: Two day permission to appeal insolvency hearing in respect of a refusal by a DJ to set aside a statutory demand with complex issues under the CCA 1974 (as amended).
- HMRC v St Clare  UKFTT 0332 (PC)
First-tier tribunal: Application to remove/cancel a unilateral notice in favour of HMRC
- Gendrot v Chadwick & Berry EWHC 48 (Ch)
(High Court: Appeal from the County Court sitting in bankruptcy and whether an appellant should be permitted to argue new points on appeal which were not taken in the lower court
- Chadwick v Thomas-Cambers (Lawtel, 16.11.2017)
(County Court at Central London: question whether a binding and enforceable agreement had been reached in correspondence for the sale/purchase of a bankrupt's former interest in property; alternatively, whether a collateral agreement had arisen with certain implied terms)
- In re Dent Company (A Partnership) (In Administration)  EWHC 2650 (Ch)
(High Court: complex issues as to the application of the equitable doctrines of marshalling and subrogation in insolvency context)
- Pretty & Kent v Crosbie  EWHC 3592 (Ch)
(High Court: question whether a common intention constructive trust had arisen after second bankruptcy order)
Hunt v Withinshaw & Conwy County Borough Council  EWHC 3072 (Ch)
(High Court: Bankruptcy appeal, abuse of process, disclaimer and vesting orders)
Re Wild's Application  UKUT 306 (LC)
(Lands Chamber: Section 84 of the Law of Property Act 1925 & modification of restrictive covenants)
- Priory Caring Services Ltd v Capita Property Services Ltd  EWCA Civ 226,  129 Con LR 81
(Court of Appeal: question of how a release from future proceedings contained within a commercial agreement should properly be construed)
- Turner v Avis & Avis  BPIR 1143,  1 FLR 74
High Court: s.335A Insolvency Act 1986 & the matrimonial home - question whether 'exceptional circumstances' existedwithins.335A(3))
- Arnold v Williams & HMRC  EWHC 218 (Ch)  BPIR 247
High Court: question of how revenue debts are ascertained in a bankruptcy)
- Avis v Turner  EWCA Civ 748,  Ch 218
(Court of Appeal: s.6 TOLATA 1996/s.283(5) Insolvency Act 1986 & question whether trustee in bankruptcy actually boundbyMartin type order made in previous matrimonial proceedings)
- Sands v Clitheroe  BPIR 1000
(High Court: s.423 Insolvency Act 1986 & transactions defrauding creditors)
- Brennan v Kettell  L&TR 1
(Court of Appeal: Rectification claim in landlord & tenant dispute; Counsel for the successful Claimant in the High Court)
- Re a Debtor (No.252 of 2002)  All ER (D) 296
(High Court: sanction under s.314 Insolvency Act 1986 & powers of a trustee in bankruptcy)
- Bell v Tuohy  1 WLR 2703,  BPIR 749
(Court of Appeal: committal of bankrupt to prison for disobedience of court order)
- Mallick v Liverpool City Council (2000) 79 P&CR 1
(Court of Appeal: calculation of compensation on compulsory purchase of land)
- Williams v Williams  CLY 4095
(High Court: interest - s.42 Partnership Act 1890 & s.35A Supreme Court Act 1981)
- Beer v Higham  BPIR 349
(High Court: property adjustment orders & bankruptcy)
- Trustee of the Estate of Bowe v Bowe  BPIR 747
(High Court: s.336 Insolvency Act 1986 & the matrimonial home)
- Yahya v Yahya (1997: Lawtel)
(Court of Appeal: question whether a valid partnership existed)
"Pragmatic and commercially astute" Legal 500 (2018)
"Many thanks for your first class advice as always"Business Recovery & InsolvencyPartner, feedback (June 2018)
"Very detail oriented - he misses nothing" Legal 500 (2017)
"Particularly well known for his insolvency practice" Legal 500 (2016)
"Very good both on paper and with difficult legal issues" Legal 500 (2015)
"A widely recognised insolvency practitioner" Legal 500 (2014)