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Year of Call: 1988
Education: Hons (Oxon), Bacc Phil
Languages: French and Spanish
Email: raymonddavern@13oldsquare.com
Areas of practice
Raymond’s practice encompasses all aspects of chancery
and general, commercial work. Raymond has both practised law at
the Bar and taught and written about it as a lecturer at King’s
College London where, from 1994 to 2004, he specialised in the law
of trusts. He has lectured by invitation in other jurisdictions
on the subject including the Bahamas and civilian jurisdictions
Since returning to practice he has advised trustees, including
pension and charity trustees, and beneficiaries on their duties,
powers and rights in a wide range of contexts. He undertakes litigious
and advisory work in the administration of estates. He regularly
gives talks and seminars on recent developments in these areas to
solicitors in the London and surrounding areas.
More generally, he has an interest in property disputes with particular
reference to those that arise in a conveyancing context (having
taught and examined that subject for the General Council of the
Bar), and undertakes both commercial and residential landlord and
tenant claims concerning forfeiture, service charges and dilapidations.
He also undertakes claims involving the tracing and asset recovery
aspects of insolvency, both corporate and personal.
Raymond acts for claimants in professional negligence claims (including
claims in deceit) with a special emphasis on the law and professional
rules governing the conduct of solicitors.
Reported cases and recent work
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X Ltd v Morgan Grampian [1991] 1 AC 1 (Hoffmann J, CA and HL);
(contempt of court: journalist refusing to disclose sources
– “interests of justice” exception to s10
Contempt of Court Act 1981 – whether contemnor can appeal
when still in contempt)
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Markfaith Investment v Chiap Hua Flashlights [1991] 2 AC 43(PC);
(Hong Kong Land Registration Ordinance)
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Re a Debtor no 2389 of 1989, ex parte Travel and General Insurance
Co Plc [1990] 3 All ER 984 (Vinelott J) (whether proposal for
IVA an “offer” which can be unreasonably refused
within s271(3) Insolvency Act 1986)
Publications
Raymond has written articles and contributed to books in the field
of equity and trusts:
Books
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Article 55 of Underhill and Hayton, 14th Ed, 1995;
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Chapter 11 on Equitable Remedies in Hayton & Marshall’s
Commentary on the Law of Trusts, 1996 and subsequent editions.
Articles
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Common Law Tracing, Profits and the Doctrine of Relation Back,
[1997] RLR 93;
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The Problem with Bare Trusts in Contractual Contexts: a simple
and orthodox solution, 8 (1997-8) KCLJ 86;
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Review of “Resulting Trusts” by Robert Chambers
in Trust Law International, 1999;
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Constructive Trusts and Mortgage Fraud, Trusts & Estates
Law Journal, 1999;
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Impeaching the Exercise of Trustees’ Distributive Discretions:
“Wrong Grounds” and Procedural Unfairness, in Extending
the Boundaries of Trusts and Similar Ring-Fenced Funds, Kluwer
Law International, 2002.
Book Reviews
Memberships
Member, Chancery Bar Association
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