Hugh Jackson

Hugh is a commercial chancery practitioner. His practice is 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.  He has particular experience of the preparation, presentation and control of multiple claim/multiple defendant managed cases.

Hugh has for many years been regarded by his clients and peers as a professional negligence specialist.  He is counsel of choice for many institutional lenders in loss recovery claims and claims against professionals, particularly involving solicitors' misconduct, as well as surveyors/valuers, arising out of mortgage lending transactions.  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 auditors' and tax advisors' 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.

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.

In the technology sphere, he has been retained in computer litigation concerning software and systems development as well as litigation concerning wrongful access to a database; 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 Deputy Adjudicator to the Land Registry.  He is also an accredited mediator.

recommendations

"Leading Junior" in Professional Negligence (Chambers & Partners Client Guide 2011)
"Leading Junior" in Professional Negligence (Legal 500: 2011)

Published comment includes:

"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"

featured cases 

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.)

Maes Finance Ltd v A.L. Phillips & Co. The Times 25.3.97

Halifax Mortgage Services Ltd v Stepsky [1996] 2 WLR 230

Banque Bruxelles Lambert SA v Eagle Star and Others [1995] 2 All ER 769