Edward Rowntree

Call:1996

Introduction and Contact details

After holding an Exhibition at Christ Church, Oxford and various bursaries and scholarships at Lincoln’s Inn, Edward combines academic excellence with an acute sensitivity to the commercial needs of his clients.  His practice encompasses a wide range or commercial and property work before all levels of tribunal.  He enjoys working as part of a team, whether with solicitors or other counsel and is known for is pragmatic and well-informed advice.  He aims to ensure that his clients are always aware of the options available to them enabling them to appreciate the merits and risks of contemplated courses of action.

Edward was called to the Bar of the Cayman Islands in 2002 and has wide experience of substantial commercial and insolvency work, often with an international aspect.

When not in chambers he is usually to be found either in the Alps with skis or walking boots on or performing on a concert platform.

Chambers switchboard  020 7242 2523

Email edward.rowntree@hardwicke.co.uk

COMMERCIAL

Commercial and business litigation and ADR in all its guises forms the cornerstone of Edward’s practice.  He was wide-ranging experience in relation to commercial contract disputes, bills of exchange and all other business disputes.  Over recent years he has acquired considerable experience in obtaining emergency injunctive relief.

Banking, Finance & Credit

Edward has acted for many of the major lending and banking institutions and advises on a wide range of securities including:

• guarantees
• indemnities
• standard form undertakings

Civil Fraud

Edward deals with all aspects of civil fraud such as:

• obtaining urgent without notice relief (freezing injunction; search orders; orders for delivery up of information in electronic form)
• establishing or challenging the jurisdiction of the English courts
• dealing with the matter at trial or arbitration
• enforcing any judgment obtained.

When working in this area, he is able to draw on his knowledge of banking and commercial, company and insolvency, and property law

Relevant Cases

Advanced Industrial Technology Corporation Ltd v Bond Street Jewellers Ltd and another [2006] EWCA Civ 923
Represented the Defendant in case where it was alleged that he did not have the authority to pawn a diamond necklace as well as whether the Claimant might be entitled to summary judgment.

Companies

Edward has a strong reputation for being able to consider alternative claims, remedies and solutions in order to resolve clients’ crises. Edward regularly advises on directors’ duties and disqualifications, insolvency and corporate recovery, shareholder disputes, and Companies Act matters.

Franchising

Edward and the Franchising team at Hardwicke Building represent individual franchisors and franchisees, as well as offering extensive experience of handling and opposing group actions related to franchising activities, whether contentious or non-contentious.

Insolvency & Restructuring

Edward regularly acts and advises in a relation significant number of company and insolvency cases.  These range from straightforward company and personal insolvency issues to international litigation involving both large sums of money or significant property assets and difficult questions as to fiduciary duties and fraud.

Relevant Cases

Demite Limited v. Protec Health Limited [1998] BCC 63
Case concerning voidable transactions.

Brian Connolly (trading as Connollys (a firm) v Patrick Harrington (Liquidator of Chelmsford City Football Club [2007] 5 Costs LR 710
The court considered whether an agreement reached in an exchange of e-mails which compromised the dispute between the parties and dealt with payment of fees that had become payable by means of a compromise as to their payment to the extent to which they were recovered from a third party (a) amounted to a contingency fee agreement and (b) whether it imposed a cap on the reasonable fees by virtue of the indemnity principle.

Partnership

Edward’s experience of insolvency and insurance has frequently led him to advise on different areas of this subject area. Partnership law, including partnership agreements, dissolution and insolvency, is a particular area of expertise at Hardwicke Building.

Professional Negligence

Included within Edward’s wide experience of advising in relation to and acting in a broad array of actions both for and against solicitors, surveyors, valuers and other property professionals is the leading authority on wasted costs orders against counsel, Medcalf v Mardell.

Relevant Cases

Medcalf v. Mardell & Ors. [2002] 3 WLR 172.
Case concerned whether the court has the power to make wasted costs orders only against lawyers of party applying for such an order and whether the liability of barristers for wasted costs is limited to conduct of case in court.

INSURANCE

Edward accepts instructions from clients on all sides of the insurance world, including Lloyd’s underwriters, insurers and mutual insurance associations, brokers and assureds.

All Risks

Edward is highly experienced with the construction and interpretation of insurance policies. He has advised many corporate bodies, particularly in regards to the issues arising from construction and project insurance.

BTE & ATE

Edward has a wealth of experience dealing with the construction and interpretation of ‘Before the Event’ and ‘After the Event’ insurance policies, as well as advising on avoidance of liability and coverage issues.

Fire Damage

Edward’s insurance practice includes advising on policies relating to fire, and the issues arising through such claims.

Professional Indemnity

Edward is a highly capable practitioner in what is swiftly developing field. His insurance practice is wide ranging and includes all kinds of insurance policy.

PROPERTY & PRIVATE CLIENT

Inheritance & Probate

Edward has acted in a number of significant cases in this area ranging from contested wills and disputes relating to the administration of estates to applications under the Inheritance (Provision for Family and Dependants) Act 1975.  He also regularly advises in relation to all contentious aspects in this area.

Land & Real Property

He has significant experience of rent review and all aspects of real property including easements, boundaries and trusts of land.

Landlord & Tenant – Commercial

The core of Edward’s work centres on all aspects of commercial landlord and tenant disputes most particularly lease renewals under the Landlord and Tenant Act 1954 and issues in relation to the construction and enforcement of covenants.  In addition, he has significant experience of rent review and all aspects of real property including easements, boundaries and trusts of land.

In 2001, he was a substantial contributor to Cousins on the Law of Mortgages.

Relevant Cases

Royal Exchange Trust Company Limited v. Sunterra Europe Limited
Case concerning the construction and enforcement of lease covenants

English Partnerships v. Vodafone Limited
Removal of a mobile phone mast.

 
Landlord & Tenant – Residential

Edward has experience in all areas of residential landlord and tenant work, including:

• disputes over the nature or status of a tenancy
• service charges disputes
• disrepairs disputes
• unlawful eviction
• forfeiture and repossession

Trusts

Edward accepts instructions in this subject area, which also overlaps with his work in Inheritance and Probate.

Trusts of Land

This area of law has long been considered an area for governmental reform and one which most of the public remain uncertain about. For this reason, Edward’s advisory work as well as his practical work have led to his commendation amongst property law practitioners and clients.

Costs

Edward is a leading barrister in this field and has been involved in several key cases.

Relevant Cases

Brian Connolly (trading as Connollys (a firm) v Patrick Harrington (Liquidator of Chelmsford City Football Club [2007] 5 Costs LR 710
The court considered whether an agreement reached in an exchange of e-mails which compromised the dispute between the parties and dealt with payment of fees that had become payable by means of a compromise as to their payment to the extent to which they were recovered from a third party (a) amounted to a contingency fee agreement and (b) whether it imposed a cap on the reasonable fees by virtue of the indemnity principle.

Medcalf v. Mardell & Ors. [2002] 3 WLR 172.
Case concerned whether the court has the power to make wasted costs orders only against lawyers of party applying for such an order and whether the liability of barristers for wasted costs is limited to conduct of case in court.

Demite Limited v Protec Health Limited [1998] BCC 63
The Court discussed whether the costs should be split between the parties in this case.