EXPERTISE

Seth is a tenacious and sought-after member of Trinity's Business and Property team, regularly appearing in the High Court and County Court on a variety of traditional Chancery and commercial matters.

Seth’s approach combines intellectual ability with unrelenting pragmatism, squarely aimed at achieving the best commercial outcome for clients. He has quickly established himself as one of the region’s leading junior commercial litigators. Complementing this, his easy manner makes him a favourite with professional and lay clients alike.

Alongside his Business and Property work, Seth is one of the Circuit’s rising stars in matrimonial finance disputes. His commercial experience means he is often instructed in matters where the valuation and/or ownership of commercial entities are in dispute.

Business & Property Litigation

Seth’s principal areas of practice include:

  • Contractual disputes

  • Real property & traditional Chancery

  • Professional negligence

  • Contentious probate

  • Shareholder disputes

  • Commercial fraud & bribery

  • Insolvency

  • Defamation

  • Contempt proceedings

  • Landlord & Tenant 

  • Agricultural disputes

Matrimonial Finance & ToLATA

Seth accepts instructions in matrimonial finance cases and TOLATA disputes. He has a particular interest in cases which involve issues of company valuation and marital shareholdings.

SEMINARS & PUBLICATIONS

Seth is regularly asked to deliver seminars for instructing solicitors covering both business and property and matrimonial finance topics. Seth has also produced commentary for LexisNexis on topics in civil litigation.
'Rabbits, hats and the public interest—post-trial applications to amend' (Bioconstruct GmbH v Winspear)

MEMBERSHIPS

  • Honorable Society of Gray’s Inn

  • North Eastern Circuit Commercial Bar Association (NECCBA)

  • Property Bar Association (PBA)

EDUCATION & AWARDS

  • MA (Hons) Modern History & English Literature: University of St Andrews

  • BA in Jurisprudence: Harris Manchester College, University of Oxford

  • BPTC : Northumbria University

  • Sir Dingle Foot Award, Gray’s Inn

  • Oxley Ching Scholar, University of Oxford

  • Norton Rose Fulbright Constitutional Law Prize, University of Oxford

  • Dean’s Award, University of St. Andrews; Northumbria University

ADDITIONAL INFORMATION

Seth lives in Jesmond, Newcastle upon Tyne.

Seth accepts instructions under the Direct Access Scheme.

Alongside his practice he works for Northumberland National Park Authority as their Independent Person. He is a great lover of the Cheviot hills.

Clerking team

Steve Walker

Lead Civil Clerk

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0191 245 9589

Lead Employment Clerk & Civil Clerk

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0191 300 9359

Lead Family Clerk

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0191 245 9551

Civil & Criminal Silks' Clerk

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0113 3235 955

Clerk

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01642 247 569

Civil Clerk

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0191 245 9556

Family Clerk

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0191 245 9530

Direct Access Clerk

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01642 247 569

Costs judgment following substantive trial. Successfully argued that contingent costs liabilities under a possible detailed assessment claim could not be marshalled to defeat a claim for a payment on account in the instant proceedings. Judgment.

Successfully argued that a resulting trust of commercial premises arose in favour of the Claimant and that under the doctrine of approbation/reprobation the Defendant could not deny this owing to a position they had adopted in previous proceedings between the parties. The Claimant was also successful in arguing that an issue estoppel arose between the parties on the same issue. Judgment.

Instructed by North Northamptonshire Council and led by Simon Goldberg K.C., successfully secured a mandatory injunction under Section 36(6) of the Building Act 1984 for the total demolition of a six story block of flats in the centre of Kettering after the Court heard expert evidence indicating that the building’s foundations were too small to support its weight. The case appears to be the first High Court case to consider the application of that provision.

Successful application for a non-party costs order following a contested trial in the Chancery division. The High Court ordered that a non-party who had been the controlling mind in a claim to overturn the result of an election should be liable in respect of the costs of those proceedings. 

Seth successfully resisted a highly unusual and complex post-trial application to amend a claim to plead commercial fraud. The application was dismissed and indemnity costs were ordered. Judgment.

Successfully defended a claim under a deed for £1.3m. Seth successfully argued that (i) estoppel by convention could not be used to remedy a deed that was flawed on its face, and (ii) any estoppel could only operate within a contract to broaden its terms and not to perfect an agreement that would otherwise fail.

Successfully obtained a grant of a new commercial tenancy, overcoming the landlord’s objection under s30(1)(g) of the LTA 1954. Seth was able to establish through cross-examination that the landlord did not have a ‘settled’ intention for the purposes of the act as there was no reasonable prospect of being able to bring their intention about.

Sole counsel for the Claimant in a claim arising from out of a disputed business sale valued at c. £3m. Settled following a fully contested CCMC.

Secured judgment in excess of £100,000 in a case concerning non-payment of a hire-purchase agreement for industrial plant.

Obtained business rates liability orders for totalling £110,000 following a contested trial.

Represented the Claimant in a two day civil fraud trial. Following extensive cross-examination of a senior finance manager, Seth successfully established a case of common law bribery.

Successfully obtained 80% of the marital assets for a client following a contested trial. Seth was successful in establishing a conduct case enhancing his client's share of the martial asset pool.

Seth was able to reveal systematic falsification of disclosed bank accounts, payslips and sick notes via three contested third-party disclosure applications with full costs being awarded to the Applicant. The case settled after a successful FDR.

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