About Carl


B.Soc.Sc (Joint-Hons) (Law & Political Science) (Keele); LLM(Exon)(International Business Law), Solicitor of the Supreme Court of England and Wales (non-practising), of Lincoln’s Inn and the Middle Temple, Barrister-at-Law (practising), TEP, SCMA accredited mediation advocate (www.mediationadvocates.org.uk). Chambers of Ian Mayes QC, First Floor, 1 Essex Court, Temple, London (www.1ec.co.uk).

I undertook pupillage  in what is now Maitland Chambers in Lincoln’s Inn (where my pupil masters included Lord Justice Davis), am a member of the South Eastern Circuit, which includes London (www.southeastcircuit.org.uk), the Chancery Bar Association (www.chba.org.uk), and the Society of Trust and Estate Practitioners (www.step.org).

I exercise rights of audience before every court in England and Wales in relation to all proceedings and principally appear in will, trust, and inheritance disputes in the Business and Property Courts and Central London County Court. I have also appeared as an advocate in the Court of Protection.

As a registered Public Access Barrister I can be instructed directly by members of the public (including executors and trustees) without the involvement of a solicitor.

I am also authorised by the Bar Standards Board to conduct litigation. In an appropriate case, this permits me to carry out day to day case management activities (including the issue of a Claim Form in any court in England and Wales) which are reserved to Solicitors. This enables me to offer a one stop shop litigation and advocacy service to members of the public, from evaluation of the merits, evidence, and remedies, through to trial or settlement of the claim.

To enquire about instructing me please contact my Clerk at 1 Essex Court:

Tel: 020 7936 3030 or 020 7832 1010.

Tel out of hours: 07721 866 858.

Email: clerks@1ec.co.uk

VAT number: 315 6185 10.

In June 2016 I appeared in the High Court in London as counsel for the claimant in Clark –v-  The Trustees of the Victor Hugo Fund (A Trust of Balliol College in the University of Oxford) & ors [2016] (which was a successful claim for rectification of a will that involved multi-jurisdictional issues).

I am the author of the first edition of the ‘Contentious Probate Handbook’ (published by the Law Society on 1 October 2016), and was a guest speaker at the annual one day seminar of the Association of Contentious Trust and Probate Specialists (ACTAPS) in the City of London on 7 April 2016.

To download a copy of my paper (which is being serialised in the ACTAPS monthly Newsletter) please click on this link.*

My article, ‘Equitable compensation arising out of sale of a property ordered under s.14 TLATA’ was published by Oxford University Press, in Trusts & Trustees, Volume 23, Issue 10, 1 December 2017, Pages 990–995: https://academic.oup.com/tandt

Trusts & Trustees is the leading international journal on trust law and practice. The most significant source of information in its field, the journal is essential for all trusts practitioners and lawyers … The journal is ideal for international trust lawyers working in both private practice and in-house in trust companies; trusts practitioners; and those working in trust companies. It will also be an essential source of reference for academics specializing in trusts; members of the judiciary; members of regulatory bodies; and institutional libraries.’ Oxford University Press.

My seventh book, the  ‘Contentious Trusts Handbook – Practice and Precedents’, is on schedule for publication by the Law Society at the end of June.

In October 2018  an article I co-authored with Dr Hugh Series of Oxford University, ‘The Advocate and the Expert in the Court of Protection’ was published in the Expert Witness Journal (ahead of the Bond Solon annual international Expert Witness Conference in London on 9 November 2018). The article includes the outline of a new method of ADR I have developed for trust and estate disputes, and adapted for COP disputes, called ‘BME Mediation’. The article is being serialized in the ACTAPS monthly Newsletter, and has been posted by the Inner Temple Library on their Current Awareness Blog. A copy is also available to view on the ‘Publications’ page of this website.

My most recent article which is about ‘Breach of Fiduciary Duty’ was published in ‘Trusts & Trustees’ (Oxford University Press) in February 2019. The journal is sold and distributed worldwide. The article includes discussion of a novel legal theory I am arguing that I call the ‘Quiet Fiduciary Thesis’. The case theory is that a claim of fraudulent calumny can be brought through the back door upon proof of breach of fiduciary duty, where a fiduciary, e.g. the holder of an LPA, has been silent.

I am currently writing a new article for publication by Trusts & Trustees (Oxford University Press) in September, which is provisionally entitled,
‘When is it appropriate for the court to order Judicial ENE in a contested application?’

In October I am also planning to write an article for publication provisionally entitled, ‘State and Diplomatic Immunity in the English Court’, which argues that following the decision of the United Kingdom Supreme Court in Benkharbouche v. Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, the European Convention on Human Rights trumps the State Immunity Act 1978, thereby opening the door to civil claims against foreign states in the English Court based upon the same case theory. The article will also discuss the Supreme Court decision in Al Malki v. Reyes [2017] UKSC 61. Can these principles be applied in a cultural heritage claim? For more information please visit the ‘State and Diplomatic Immunity in the English Court’ page of the Diplomatic Law Guide: www.diplomaticlawguide.com.

In 2021 I plan to train as a mediator.

* Please note that you will need a suitable pdf reader to view the document, if you need to download the software please click your choice of link below: