Overview
Guy’s practice spans a broad range of topics arising in the Business and Property Courts (KB and Chancery). Often instructed in cases which raise contentious and controversial issues of law, Guy applies the breadth of his knowledge and strong analytical skills to cut through difficult legal issues. He is not afraid to run points that challenge the current orthodoxy, relying on arguments of principle and making use of extensive research into older authorities in order to bottom out the fundamentals.
He has particular expertise in dealing with cases (commercial or otherwise) where the relationship (whether contractual, formal or informal) gives rise to fiduciary obligations. Applying his deep understanding of the subject, he is well versed in the practical consequences for the client; the jurisdiction of the court (legal and equitable); the appropriate procedural approach; and the available remedies.
He has extensive experience of property matters, companies, partnerships, trusts and estates.
He has appeared in the Court of Appeal in over 30 cases, generally as lead counsel, and is wholly familiar with appellate practice and procedure.
He has obtained permission to appeal to the Supreme Court in 3 cases Roberts v Gill & Co [2011] AC 240 (derivative actions); Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All ER 15 (bank payments); and Guest v Guest [2020] 1 WLR 3480 (proprietary estoppel).
- Acting for Quantum Advisory Limited in long running litigation arising out of bespoke relationship established on a business reorganisation. The first trial and appeal to the Court of Appeal raised issues of restraint of trade. The appeal was was heard shortly after the Supreme Court decision in Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2021] AC 1014 and is now a leading case, establishing that the test set out in Peninsula is not of universal application: Quantum Actuarial LLP v Quantum Advisory Ltd [2022] 1 All ER (Comm) 473.
- In a series of other cases in the Quantum litigation, Guy successfully argued that the relationship established between the parties was a fiduciary one: Quantum Advisory Ltd v Quantum Actuarial LLP [2023] RPC 8; developed the argument that implicit obligations of good faith in commercial relationships (established or regulated by contract) can be relevant to the construction of a commercial contract in order to make it workable: Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWCA Civ 12; and dealt with the contractual and fiduciary aspects in the Court of Appeal in the Trade Mark appeal: Quantum Advisory Ltd v Quantum Actuarial LLP [2024] RPC 11.
- Guy has, over a number of cases, developed the argument challenging the Court of Appeal’s practice in relation to permission to appeal and the review of decisions by a single judge on paper under CPR 52.30: Ceredigion Recycling and Furniture Team v Pope [2022] EWCA Civ 22; Dal v Bicknell [2022] EWHC 120 (Ch); Williams v Williams [2023] EWCA Civ 1465.
- Guy appeared in Solaria Energy UK Ltd v DBEIS [2021] 1 WLR 2349 CA, a leading case on limitation under the Human Rights Act 1998 and claims for breach of A1P1 under Human Rights Act 1998.
- Guy acted for the appellant in Guest v Guest which is now the leading case on remedies in proprietary estoppel. Guy argued the case in the Court of Appeal and obtained permission to appeal to the Supreme Court: Guest v Guest [2020] 1 WLR 3480.
- Guy appeared in Williams v Williams [2024] 4 WLR 10 dealing with the principles applicable to establishing the beneficial ownership of a farm used in a family business.
- Guy acted throughout the long running proceedings in Price v Nunn [2023] EWHC 3200 (Ch), the latest iteration of a dispute stretching back over 50 years raising issues in relation to res judicata, boundaries, rights of way and highways.
Other career highlights include:
- R (DL Barrett) v Bristol City Council (2001) 3 LGLR 11 judicial review proceedings challenging procurement decision to strike contractor off list of approved contractors on basis of legitimate expectation.
- Cawsand Fort Management Co Ltd v Stafford [2007] L&TR 13; [2008] 1 WLR 371 CA; [2015] L&TR 9: leading case on the powers of the court to appoint a manager of the freehold under RTM powers in Landlord and Tenant Act 1987.
- Kaye v Nu Skin Ltd [2010] 2 All ER (Comm) 832, [2011] 1 Lloyd’s Rep 40 – arbitration, incorporation of terms, Interfoto.
- R (Forrest) v Lord Chancellor [2011] Inquest LR 1 – judicial funding.
- Roberts v Gill & Co [2011] AC 240: leading Supreme Court case on derivative actions in relation to trusts and estates.
- Charles Terence Estates Ltd v Cornwall CC [2013] 1 WLR 466 CA leading case on commercial dealings of public authorities involving questions as to whether public authority could avoid leases because they were ultra vires.
- Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All ER 15 leading case on whether banks responsible for misdirected payments where fraudster provided false bank details and bank did not check payee’s name. Obtained permission to appeal to Supreme Court.
- Davy v Pickering [2017] Bus LR 1239 leading case on limitation directions upon restoration of a company to the register.
- Woodeson v Credit Suisse (UK) Ltd [2018] EWCA Civ 1103 claim of set-off due to fraud in case concerning FOREX mortgage raising issues of limitation and good faith.
- Lewis v Tamplin [2018] WTLR 215 leading case on disclosure of trust documents.
Commercial Litigation
Guy regularly acts in company, partnership and commercial disputes. He has particular interests in the legal and equitable remedies that ensure fair dealing, banking and financial services, and administrative law at the interface between public and private interests.
Recent and significant cases include:
- Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 – trade marks, s.10B Trade Marks Act 1994, fiduciary duties and agency
- Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWCA Civ 12 – construction of long term relational contract and implicit obligations of good faith
- Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 47 (Ch) – trade marks, s.10B Trade Marks Act 1994, fiduciary duties and agency
- Ceredigion Recycling and Furniture Team v Pope [2022] EWCA Civ 22 – permission to appeal, CPR 3.1(7) and 52.30, inherent jurisdiction of the court
- Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227 – application of doctrine of restraint of trade to commercial contracts
- Solaria Energy UK Ltd v Department of Business, Energy and Industrial Strategy [2020] WLR(D) 674 CA – whether commercial contract A1P1 possession under ECHR; limitation under Human Rights Act 1998
- Santander UK Plc v Fletcher [2019] 2 P&CR 4 – priorities and mortgage fraud
- Woodeson and another v Credit Suisse (UK) Ltd [2018] EWCA Civ 1103 – Interfoto principle, set-off and limitation
- Davy v Pickering [2017] 2 BCLC 260 CA – restoration of company to register and limitation directions under s. 1032 Companies Act 2006
- Tidal Energy Ltd v Bank of Scotland Plc [2015] 2 All E.R. (Comm) 38 CA (permission to appeal to Supreme Court granted) – misdirected bank payments
- Charles Terence Estates Ltd v Cornwall Council [2013] 1 WLR 466 CA – local authority powers to enter into commercial contracts, ostensible authority
- Kaye v Nu Skin UK Ltd [2010] 2 All E.R. (Comm) 832; [2011] 1 Lloyd’s Rep. 40 – application of Interfoto principle to arbitration agreement
Guy is ranked in Chambers UK Bar 2021 in Commercial Dispute Resolution, and is noted as being “very easy to work with, creative in his ideas and never afraid to get his teeth into something.”
Property
Property Law
Guy is an experienced chancery practitioner with a strong focus on real estate work. His expertise covers commercial and residential landlord and tenant matters as well as development issues. He represents clients at all levels of the court system as well as in arbitrations.
Agriculture
Guy has extensive experience of issues affecting farmers in relation to property, partnerships, mortgages, landlord and tenant and family disputes. He has encountered many problems that arise in an agricultural context and thoroughly understands the issues facing farmers and their families.
Cases include:
- Williams v Williams and others [2024] EWCA Civ 42, [2024] 4 WLR 10 – constructive trusts and joint property
- Price v Nunn [2023] EWHC 3200 (Ch) – highways, ownership of roads and Natural Environment and Rural Communities Act 2006
- Williams v Williams [2022] EWHC 1717 (Ch) – farming partnership, partnership accounts, ownership of farm, proprietary estoppel
- Guest v Guest [2020] 1 WLR 3480 CA (permission granted for appeal to Supreme Court) – farming propriety estoppel
- Santander UK Plc v Fletcher [2019] 2 P&CR 4 – priorities and mortgage fraud
- Smyth-Tyrrell v Bowden [2018] L&TR 23 – agricultural holdings, proprietary estoppel
- Clydesdale Bank plc v Gough [2017] GCCR 15047- agricultural mortgage
- Smyth-Tyrrell v Sowden [2017] EWHC 2331 (Ch) – agricultural holdings
- Saunders v Caerphilly CBC [2015] 2 P. & C.R. 20; [2016] R.V.R. 14 – compulsory purchase of farmland and limitation
- Seward v Seward [2014] Lexis Citation 123 CA – farm proprietary estoppel
- Cawsand Fort Management Co. Ltd v Stafford [2008] 1 WLR 371- appointment of manager under Landlord and Tenant Act 1987
- Morris v Morris [2008] Fam. Law 521 CA – farm business, proprietary estoppel
Trusts, Wills & Estates
Guy is an experienced chancery practitioner with a thorough understanding of trust principles, and acts and advises in connection with the administration of trusts and estates. He has a particular expertise in derivative actions.
He is a member of STEP and has had a number of reported trusts, estates, estoppel and undue influence cases. He also appeared in the first trust/estate case to be heard by the Supreme Court: Roberts v Gill [2011] 1 AC 240, which is the leading case on derivative actions, and Lewis and others v Tamplin and others [2018] WTLR 215, a leading case on disclosure of trust documents. He has appeared in a number of farming proprietary estoppel cases.
Chapter Editor of Williams, Mortimer and Sunnucks, 2023 Ed. – Administration and Other Actions.
Administrative Law
Guy has a niche administrative law practice as part of a wider commercial and chancery practice. He both acts for private individuals and commercial bodies, whose interests have been adversely affected by administrative decisions, and public authorities. He has a particular interest in the grey area between public law and private law, including situations where authorities have to take decisions having regard to the public interest, but which may disproportionately affect legitimate private interests or expectations.
Cases include:
- Solaria Energy UK Ltd v Department of Business, Energy and Industrial Strategy [2020] WLR(D) 674, [2020] EWCA Civ 1625 – A1P1 possessions under ECHR; limitation under Human Rights Act 1998
- Charles Terence Estates Ltd v Cornwall Council [2013] 1 WLR 466 – local authority powers to enter into commercial contracts, ostensible authority
- Forrest v Lord Chancellor [2011] Inquest L.R. 1; [2011] A.C.D. 42 – coroners, judicial discipline and funding
Qualifications/Education
- Trinity College, Cambridge; MA, Natural Sciences and Law
Professional appointments
- Junior Counsel to the Crown (2003-2007)
Memberships
- Chancery Bar Association
- Constitutional and Administrative Law Bar Association
- Society of Trust and Estate Practitioners
- South West Admininstrative Lawyers Association (Chair)
Awards
- Guy won entrance scholarships to Stowe School and Trinity College, Cambridge.
What the directories say
“He’s very easy to work with, creative in his ideas and never afraid to get his teeth into something.”
Chambers UK Bar 2021
“An experienced practitioner who has a good manner in court and enjoys running novel arguments.”
Legal 500 UK Bar 2020
“He never gives up and is an inventive player -he is a silk in waiting.”
Chambers UK Bar 2019