Call date: 1990

Appointments:
Junior Counsel to the Crown (Provincial Civil Panel)

Memberships:
SE Circuit

Teams:

Land: tenure and interests

Contract and commercial

Wills and probate

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Philip Capon

Philip joined East Anglian Chambers after practising for 12 years from chambers in Birmingham.

Whilst practicing in Birmingham Philip undertook a wide variety of commercial cases involving sale of goods, business sale agreements, manufacturing and supply and installation contracts, partnership disputes and professional negligence claims.

Philip also has particular experience in both personal and corporate insolvency matters acting for debtors creditors and office holders in all aspects of insolvency work. Philip also specialises in directors’ disqualification work on behalf of the Secretary of State, the Official Receiver and Defendant directors.

Philip’s other main area of practice is land law. He has acted in a number of disputes concerning the sale and purchase of land, restrictive covenants, boundaries easements, profits and other interests in land.

Philip also has experience of contentious probate actions and Inheritance Act claims.

Philip believes in the merits of Alternative Dispute Resolution in suitable cases and has represented  clients at many successful mediations.

Philip was appointed by the Attorney General as Junior Counsel to the Crown (Provincial Civil Panel) in October 2002 and was re-appointed as Junior Counsel to the Crown (Regional Panel) in November 2007 for a further period of 5 years.

Reported Cases

Re Bunting Electric Manufacturing Co Ltd (SSTI v Golby) [2006] 1 BCLC 550

Griffiths v W.E. & D.T. Cave Ltd (1999) 78 P&CR 8 (Ct of Appeal) Philip acted as junior throughout this case which concerned the construction of an option agreement relating to valuable development land.

 Aldridge v Edwards The Times 28^th March 2000 (Ct of Appeal) This case involved the effect of a stay on the validity of a summons under the pre-CPR County Court Rules.

Re Westmead Consultants Ltd (in liquidation), Ward v Evans [2002] 1 BCLC 384 this case concerned the ability of a liquidator to obtain an order for a private examination of a third party under Section 236 Insolvency Act 1986.

Other Interesting Cases

Some of the other interesting cases that Philip has been instructed in are as follows:

• A professional negligence claim against a firm of surveyors who advised on the sale of a property to a tenant at a particular price. As soon as contracts were exchanged the tenant placed the property on the market and sold it for a significant profit.
   
• A dispute between an angling club and landowner as to the ownership of fish in a pool. The angling club had a contractual licence to fish the pool and were responsible for the management of the fishery. When the licence was terminated the angling club netted the bulk of the fish from the pool.
   
• A contested hearing before the Master in the Court of Protection as to the validity of an enduring power of attorney and the appointment of the attorney as next friend in litigation brought on behalf of the patient.

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