Russell Stone

 

Call date: 1992
Email: rstone@elyplace.com
Telephone number: 020 7400 9600 | DD – 020 7400 9605

Russell Stone

Call date: 1992
Email: rstone@elyplace.com
Telephone number: 020 7400 9600 | DD – 020 7400 9605

 

Russell has an encyclopaedic knowledge of property litigation matters, and is very client friendly. His advice is comprehensive both in conference and in writing.

Chambers and Partners 2018

An advocate who is intellectually extremely bright and very well prepared.

Chambers and Partners 2018

He is very good in front of judges and is a very clear and practical advocate

Legal 500 – 2015

He leaves no stone unturned, has an excellent manner with clients and is very approachable

Legal 500 – 2016

Recommended for Boundary Disputes

Recommended for Boundary Disputes – Legal 500 – 2017

Practice areas

Business Property & private client Public & regulatory

Russell is a founding member of Ely Place Chambers and also sits as a Deputy District Judge on the Northern Circuit.

The Legal 500 have referred to Russell as being an approachable, clear and practical advocate who has an excellent manner with clients, who is good in front of judges and who leaves no stone unturned when dealing with cases.

Russell provides realistic, frank and commercial assessment of claims combined with robust written and oral advocacy appropriately tailored to the situation and whether for Court proceedings, Arbitrations, Expert Determinations or Mediations.

Russell’s practice and expertise is split into three main areas.

  • He is recognised and recommended as a leading junior in the Legal 500 as a specialist in Property and Real Estate Litigation including both commercial and residential Landlord and Tenant Claims.
  • He is regularly instructed to appear at Coroner’s Inquests for the police, public and private healthcare providers and families of the Deceased; and
  • He acts in contractual and commercial claims including in particular Partnership Disputes.

In addition, Russell has expertise in professional and clinical negligence and injury claims and acts for local authorities and healthcare trusts in consent and treatment cases including ‘best interests’ applications, deprivation of liberty applications and under the Court’s inherent jurisdiction.

Business

Russell undertakes work across the spectrum of commercial cases. She has extensive experience in disputes arising in commercial contracts including disputes between large corporate clients including a successful recovery under a large commercial contract with BT and considering the enforceability of retention of title clauses.

He has particular expertise in disputes concerning partnerships including disputes as to the existence of a partnership, over partnership property and dissolution.

Russell has also represented a pizza chain in relation to enforcement of their franchise agreements including claims over the validity of determination of franchise agreements and the effect of such termination.

He has also acted in claims concerning liens including disputes between solicitors claims to liens over papers.

Russell’s cases regularly involve complex factual issues and allegations of fraud. As well as acting and advising in respect of litigation, Russell is frequently instructed at a non-contentious stage or in relation to some form of ADR.

Property & private client

Russell is recognised by the Legal 500 as a leading junior in Property Litigation and have been particularly recommended for Boundary Disputes.

Russell acts in all areas of Property and Landlord and Tenant claims. In addition to his expertise in boundary disputes he has particular interest in advising those who have been subject of fraudulent property transactions both in relation to rectifying the land register and claims against solicitors and agents as a result of such transactions.

Russell acts for a wide range of clients and claims ranging from disputes between individual neighbours to property developers in relation to issues with major developments.

In addition, Russell’s recent work includes:

  • Advising a tenant on a wrongful forfeiture by peaceable re-entry securing re-entry and damages;
  • Forfeiture of an empty site after a fire destroyed the commercial premises on it;
  • Claims concerning contested commercial lease renewals including seeking significant changes to a lease that prevented planning applications at a tourist venue which prevented old dilapidated outbuildings with new modern structures;
  • A claim about whether a break clause in the lease of a Central London nightclub had been properly exercised including a legally complexed claim for dilapidations;
  • Claims to enforce agreements for the sale of land including whether the terms of a conditional sale had been breached;
  • Claims based upon constructive trusts and/or proprietary estoppel;
  • A claim concerning the interpretation of leases and ability to recover service charges in a large Central London residential block. This resolved uncertainty and disputes between tenants, an intermediate landlord and the freeholder that had existed for over 40 years;
  • Claims that mortgagees and receivers have sold properties at an undervalue;
  • Claims to set aside mortgages by reason of fraud or undue influence;
  • Adverse possession claims including successfully advising a multinational company to a strip of land forming part of a large commercial site but which was never included in the legal title and which significantly impacted on the development value of the land;
  • The enforceability of restrictive covenants preventing residential developments and applications for their modification or discharge;
  • Nuisance and Trespass claims including obtaining an urgent order to prevent raves by occupiers of an empty commercial property
  • Various contentious / tactical issues arising in Leasehold Enfranchisement claims; and
  • Professional Negligence claims against solicitors in conveyancing transactions and also against surveyors and valuers.

Russell’s recent reported cases include:

SSJ PROPERTIES LTD v OMORINSOLA OSINAIKE – [2017] EWHC 1454 (Ch)

It was found that it was clear that something had gone wrong with the language of a settlement agreement in a claim to enforce an agreement for the sale of a house but equally clear how that mistake was to be corrected by a process of construction to arrive at what the reasonable person would conclude was the true interpretation.

MAYERS & ANOR v UNDERWOOD & ANOR [2014] EWCA Civ 406

A retrial was ordered in relation to a boundary dispute on the basis of fresh evidence.

KARIM v (1) SAMUEL MAURICE CHARKHAM & ORS [2014] EWHC 497

Where the claim was the third claim brought by a claimant arising out of the same set of facts about the enforceability of a charge the court ordered that it be struck out and made an extended civil restraint order in respect of the claimant.

(1) PATEL (2) RIZVI & (3) MARDAYMOOTOO v MRD PROPERTY DEVELOPMENTS LTD [2012] EWCA Civ 727

A recorder had correctly found that the provision of insurance renewal documents by a landlord to his tenants constituted a written demand for insurance due under the terms of the lease thereby making a forfeiture lawful

GUY v BARCLAYS BANK PLC [2010] EWCA Civ 1396

The Court of Appeal could not exercise its power under CPR r.52.17 to reopen a final determination of an appeal concerning the ability to seek rectification of the Land Register following a fraudulent sale and subsequent charge merely because the determination had been factually incorrect: it had to have been arrived at by a corrupted process, such as fraud or bias.

Public & regulatory

Russell appears regularly in the Coroner’s Court acting for NHS Trusts including sensitive issues such as drug errors, alteration of equipment, staffing issues. He also appears for private healthcare provides including care homes. He also appears for family members at inquests particularly in those involving potential failures in the provision of medical care and treatment.

Russell also has experience of high profile inquests after deaths in custody acting for healthcare providers, medical staff and police forces. These include acting for West Mercia Police in the deaths of Errol & Jason McGowan between 2001 and 2003 and the inquest into the death of Kebba Jobe which was the first inquest into a death after contact with police which was subject to investigation by the IPCC.

Russell has also acted in extremely sensitive cases concerning providing or withdrawing treatment to babies, children and vulnerable adults. both under the inherent jurisdiction of the Court and under the Mental Capacity Act.

Memberships

Deputy District Judge – Appointed 2013
Property Bar Association
Chancery Bar Association
Professional Negligence Bar Association
Personal Injury Bar Association

Regulatory information

Vat number: 628 6147 34

Bar Standards Board