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Morgan Brien
Call 2010
Specialisms: Chancery, Business, Costs, Regulatory, Employment, Matrimonial Finance, Housing Law
Morgan Brien CV
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Contact

Tel: 0191 232 1927


Email

M.Brien@trinitychambers.co.uk

Morgan Brien


SPECIALISMS

Morgan has been a member of Trinity Chambers since 2013 and his practice is focused on three areas: Commercial, Employment and Matrimonial Finance. In 2018 he was appointed to the Attorney General's Regional Panel of Counsel for the Government Legal Department.

Commercial and Chancery  

Morgan is a member of the Business and Property group in Chambers and his practice includes all aspects of Commercial Litigation with an emphasis on:
• Contractual Disputes
• Consumer Credit
• Construction Disputes
• Data Protection
• Insolvency (Corporate and Individual)
• Sale of Goods
• Professional Negligence
• Partnership Disputes.

Morgan is regularly instructed in Trust of Land and Appointment of Trustees Act 1996 (TOLATA) claims; Landlord and Tenant Disputes in a commercial and residential context; and Boundary Disputes.

He has advised on injunctive relief and has successfully negotiated a settlement in allotment disputes. In addition, he has appeared on behalf of Landlords in respect of non-payment of non-domestic rates and licensing regulations under the Housing Act including those with a criminal element.

He was recently led Mr. Simon Goldberg at an international arbitration hearing regarding a commercial dispute on medical supplies.

Morgan regularly appears in the High Court and County Court on a range of matters including applications, appeals and multi-day hearings.

Recent Cases Include:
JT v NW (2019) – Represented the Debtor successfully in an application to set aside a statutory demand.
FM v EH Ltd ADR (2019) Represented Defendant company at round table JSM in claim valued at over £100,000.
LCC v MT(2019) Appeared for defendant tenant against Local Authority seeking possession claim at trial. Successfully resisted possession claim and agreed damages for disrepair.
DB v CF (2018) – Successfully represented the Claimant against Credit Lender in an action based on misrepresentation concerning the sale of solar panels.
Glyn v SS & SSWP (2018) Appeared for the Second Respondent in First-Tier Tribunal, Social Entitlement Chamber, successfully dismissing the appeal.
CC v CB (2018) Represented Defendant in mediation in claim concerning sale of goods and supply of services valued at over £100k. Parties agreed settlement at less than £25k during mediation.

Employment

Morgan is a member of the Employment Group and accepts instructions from Claimants and Respondents in all aspects of Employment Law. He is happy to draft pleadings and provide written advice in a range of matters. He is regularly instructed in multi-day hearings in all areas of employment.  He is happy to draft pleadings and provide written advice in a range of matters. He is currently involved in a range of cases from acting for the Claimant in a case with multiple defendants concerning TUPE to representing the Respondent in a multi-day discrimination case.

Recent Cases include:
MJ v EE (2019) Appeared for the Claimant in a claim for unfair dismissal concerning data protection and confidentiality issues. The Claimant was successful after a two day.
HF v LCC (2019) – Represented the Claimant in a three-day trial concerning flexible working hours and sex discrimination. The parties reached an agreement during the trial allowing the Claimant to return to work on flexible hours.
(2019) – Successfully represented the Claimant in an application to amend the ET1 out of time.
CF v SL (2018) Appeared on behalf of Respondent in a costs application and successfully recovered costs due to the Claimant’s unreasonable behaviour

Matrimonial Finance

Morgan accepts all instructions in this area of work, whether first appointment, negotiation/mediation/FDR or final hearing. From his Commercial and Employment practice, Morgan has experience of businesses, partnerships, trusts and pensions as well as representing clients in all forms of ADR.

Housing Law

Morgan is a member of the Housing Group in Chambers and his practice covers all aspects of housing law including landlord & tenant disputes, anti-social behaviour, unlawful evictions and disrepair claims.

He has appeared in closure order appeals; injunction applications and committal hearings.

Morgan also has experience of dealing with Housing matters with a criminal and regulatory involvement, including offences relating to improvement notices and houses in multiple occupation.

Costs 

Morgan is a member of the Costs Group. He is regularly instructed to deal with costs budgeting in Costs and Case Management Conferences(CCMC's) as well as arguments in detailed assessments and has appeared in the Senior Courts Costs Office.

Cases

Solar Panel Case - Misrepresentation; consumer credit:

AS v CC – Multi-track trial involving breach of data protection and subsequent negligent credit ratings. Claim involved novel issue of damages for distress under the EU Regulations.
MPL v EW – Advising the Director of company in a case involving repayment of loans alleged to have constituted giving a preference under the Insolvency Act.
WBE v DG – Obtained summary judgement in a breach of contract dispute against a party alleging fraud.
PB & JB v TA – Appeared for an airline which was successful in defending a claim for compensation due to a delayed flight. The case was argued on whether there amounted to extraordinary circumstances under EU Regulations.
NCC v RD – Case involving application of non-domestic rates and conflict with administrators of company as to who had occupation.
W v MM – Successfully represented a Mason at trial involving dispute as to quality and description of valuable headstone under Supply of Goods and Services Act. 
NCC v AY - Representing Local Authority in securing a possession order for breach of tenancy
GM v ASM – Advised and drafted particulars of claim for Landlord in claim against letting agent for breach of contract leading to a settlement.
PB & Others v LOD – Advised on leasehold enfranchisement leading to a vesting order under s26 Leasehold Reform, Housing and Urban Development Act 1992.

LECTURES AND SEMINARS

Morgan regularly provides CPD accredited seminars and training to solicitors and other professionals all aspects of Commercial, Employment and Matrimonial Finance law. He recently delivered a seminar for MBL on housing disrepair and spoke at Trinity’s Property Law Update Seminar in 2019 on the subject of Japanese Knotweed.

APPOINTMENTS

Attorney General's Regional C Panel of Counsel (2018)

EDUCATION & AWARDS

• 2006-2010 - LLB (Hons) Bar Exempting, Northumbria University– 1st Class (Hons)
• 2010 - Lincoln’s Inn Buchanan Award for outstanding results on exempting degree
• 2008-2010- Represented Northumbria at the English Speaking Union Moot and Thomas A. Finlay Moot Court Intervarsity
• 2009 – School of Law’s contribution roll for outstanding contribution to the law school

ADDITIONAL INFORMATION

Morgan is authorised to accept instructions under the Bar Public Access scheme.