Duncan Kynoch

Duncan’s practice focuses on commercial and property work. He advises in all aspects of property litigation including commercial and residential landlord and tenant, mortgages, restrictive covenants, easements, dilapidations and rent-review; equitable proprietory remedies; trusts of land (including co-ownership); property-related professional negligence. Duncan is also recognised for his expertise in commercial and chancery work including company and insolvency, partnership disputes and contractual claims.

Year of Call: 1994

Professional memberships: Chancery Bar Association, Property Bar Association.

Recent and reported cases:

Capita Trust Co. Limited v Chatham Maritime J3 Developments; Ch D LTL 29.8.2006 (injunctive relief compelling a company to grant an underlease of a retail unit where the landlord’s failure to grant the underlease amounted to a breach of good estate management)

Proforce Recruit Limited v Rugby Group Limited; [2006] EWCA Civ 69, CA
(where admission of extrinsic evidence permissible in interpretation of contracts, where the parties themselves had given a meaning to ambiguous contractual words)

Friarwood v Champagne Cattier; [2006] EWCA Civ 1105 CA
(retrial ordered where the trial judge had applied the wrong test of satisfactory quality to a consignment of champagne)

The Representative Body of the Church in Wales v Newton & others; QB [2005] EWHC 631
(agreement for the sale of a business including the assignment of a lease was void under s.2 Law of Property (Miscellaneous Provisions) Act 1989 in the absence of writing and where no constructive trust arose)

Shahar v Tsitsekkos and Others; Ch D Times 30.11.04
(where a defendant wished to claim against a non-party outside the jurisdiction he should apply to the court for an order adding that person, and that claim had to be treated as if it were a counterclaim under CPR Part 20.3 and 20.5)

Jacey Property Co Limited v Miguel De Sousa & others; [2003] EWCA Civ 510 CA
(construction of user and repairing covenants)

Branchempire Limited v Coote; Ch D LTL 16.6.2003
(Landlord companies appealing against judgments for residential disrepair for £858,000 had to show good credible reason why they could not fund their appeals in seeking to set aside financial conditions attached to permission to appeal)

Batooneh v Asombang; QB LTL 31.7.2003
(Loan interest of 25% p.a. was appropriate under the Consumer Credit Act 1974)

Bradbury v Hoolin; Ch D, LTL 12.5.98
(whether a resulting trust in favour of claimant arose in relation to money used to purchase a property)

Email: duncan.kynoch@selbornechambers.co.uk