Barristers

Michelle Temple

SPECIALISMS:

Chancery

Regularly appears in both the County Court and High Court in all areas of Chancery including trusts, probate (including inheritance act claims), land (including boundary disputes, easements and adverse possession), partnerships, insolvency and landlord and tenant (residential, commercial and agricultural). Has a particular interest in cohabitant disputes and regularly carries out in house training and lectures on this topic. Society of Trust and Estate Practitioners (STEP) member.

Company & Commercial

Instructed regularly in relation to high value commercial and construction disputes. Experience in mediation in these areas in particular. Also experienced in company law disputes, in particular, minority shareholder actions.

Agriculture

Regularly instructed in relation to complex agricultural law matters including Agricultural Holdings Act matters and trusts as well as agricultural related probate issues.

Mental Health & Court of Protection

Dealing in particular with the financial aspects of the protection of vulnerable adults. Dealing with all aspects of Enduring Powers of Attorney and Lasting Powers of Attorney including scope of fiduciary duties and replacement of deputies. Michelle is regularly instucted by individuals and local authorities to appear in the Court of Protection and County Court and provides in-house training to local authorities on the recovery of care home fees and the protection of vulnerable adults.

Michelle is an experienced exponent and supporter of Alternative Dispute Resolution including mediation.

CASES:

Re Berwick’s Application (1996) 73 P & CR 240
Application to Lands Tribunal for discharge of a restrictive covenant limiting use of house to occupation by agricultural worker only. Covenant varied but not discharged.

AACS v HCCL (2004)
Commercial dispute relating to installation of air conditioning units in gas recycling complex in Dukhan, Qatar. Units failed. Dispute between supplier of units and their sub-contractors as to responsibility for failure. Several further sub-contractors introduced as Part 20 Defendants. Complex issues of contract law and quantum as well as detailed expert evidence as to construction of units and causes of failure. Claim
settled after full day mediation in Bristol.

North Tyneside MBC v Bolam (2005)
Application for possession by Council against tenant who had caused structural damage to the property by removal of all internal walls. Tenant suffering from mental health problems. Issues as to application of Disability Discrimination Act and Human Rights Act as well as reasonableness of ordering possession.

Mark Gilbert Morse v Gibson & Co (2005)
Dispute before the Vice-Chancellor as to retention by vendor’s solicitors of part of funds provided by a mortgage company to purchaser and purchaser’s solicitors for the purchase of land where notice to complete not complied with and contract for sale rescinded by vendor but where purchaser’s solicitors had given personal undertaking to mortgage company as to use of funds. Question as to whether a
Quistclose trust arose in the circumstances. Held for Michelle's clients, no such trust.

Ainger v Ainger (2007)
Claim by adult son against 4 adult siblings under Inheritance (Provision for Family & Dependants) Act 1975 and on basis of proprietary estoppel where mother died intestate and house in which mother and Claimant living only real asset of estate. Issues as to level of financial provision appropriate for adult son with working capacity, albeit limited capacity. Issues as to what consequential orders the Court can make when considering claims under the 1975 Act.

Gray v Bosynak (2007)
Claim under Trusts of Land and Appointment of Trustees Act 1996 and Inheritance (Provision for Family & Dependants) Act 1975 against estate of deceased cohabitant. Property transfers by deceased to sons allegedly for nil consideration in months before death, so issues as to whether Claimant’s rights were overriding and whether transactions at an undervalue to defeat her claim.

Stober Drives v Airow (2007)
Commercial contract dispute commenced as claim for no payment of invoices but involving counterclaim for damages for allegedly faulty components supplied to Defendant and used in contracts between Defendant and MOD for supply of military equipment. Issues as to whether, and, if so, whose standard terms of contract applied; as to exclusion clauses; as to penalty clauses; and as to quantum. Involved
numerous interlocutory applications including security for costs and unless orders. Settled after mediation with Claimant’s parent company of Claimant.

Roadside Group Ltd v Zara Commercial Ltd [2010] EWHC 1950
Interpretation of 1963 underlease of garage premises and enforceability of restrictive covenants for breach by sub-tenant.

Kayll v Rawlinson [2010] EWHC1269(Ch) & [2010] EWCH 1789(Ch)(costs)
Dispute as to validity of will. Opposing evidence form attesting witnesses and issue relating to intention to attest. Pre-action cross applications to Probate Registry for grant ad collenda bona defuncti by executors and brother claiming to be entitled on intestacy. Successful in upholding will.

Council X v D (2009)
Court of Protection. Application to remove son as deputy following dispute as to ownership of protected party's home and non payments of care home fees. Found to be in best interests of protected party for Director of Adult Services to be appointed as deputy.

WHAT OTHERS SAY:

"impresses peers with an "intelligent and tenacious approach," and is felt to be "no pushover" when dealing with commercial disputes. She is highly regarded for her chancery disputes practice." Chambers & Partners 2012

"Michelle Temple ‘always runs her cases well’ and has a busy commercial and property practice." Legal 500 2010

"Michelle Temple is an extremely highly thought-of commercial and chancery practitioner. She also has notable expertise in handling minority shareholder claims. She is "a big hitter in Newcastle and a well-liked figure on the circuit."" Chambers & Partners 2011

"hard-working and gifted advocate" Her practice centres on commercial contract disputes, with a particular leaning towards commercial landlord and tenant cases." Chambers & Partners 2010

"garners respect for her commercial work, particularly in property litigation. She regularly appears in the County and High Court, and is praised for her “passion for her work and interest in her clients.” Chambers & Partners 2009

"prepares well, and is very organised and measured in court." Legal 500 2009