Robert Darbyshire
Year of call 1995, Lincoln's Inn
Areas of Expertise
Trusts, Wills and Estates, Capacity and the Court of Protection, Commercial and Chancery Litigation, Landlord and Tenant, Professional Negligence
PROFILE
An approachable and down to earth barrister, Robert has practiced in business and property work for over 25 years. Charming with professional and lay clients, his aggressive approach in Court has consistently enabled him to achieve excellent results for them. He has also maintained a keen interest in social welfare work, including the Court of Protection, housing and judicial review matters
AREAS OF PRACTICE
Pre and post-issue advice and representation in Courts, Tribunals and mediations dealing with:
- Probate
Inheritance Act claims, including those involving minors and high value or complex estates; removal of executors; incapacity claims; claims by and against personal representatives
- Court of Protection
Welfare and finance deputyship issues; DoLS; capacity assessments; best interests decisions; detention and restraint; consent to medical treatment; anticipatory declarations; experience in acting for patients, local authorities and third parties; liabilities for care home fees
- Property
TLATA claims; boundary disputes; rights of way claims; nuisance; trespass; conveyancing; construction disputes; adverse possession
- Business and domestic tenancies
Possession claims; renewal disputes; dilapidations; forfeiture; service charge disputes; private and public sector possession claims; Equality Act claims; succession
- Commercial
Sale of goods; directors' duties; shareholder disputes; guarantees; partnership; claims for injunctive relief; insurance claims
- Professional negligence
Claims against solicitors, barristers, surveyors, accountants, architects
NOTABLE CASES
- JS v Manchester university Hospitals NHS Foundation Trust & Manchester City Council [2023] EWCOP 12 – detention of 17 year old child under Mental Health Act/ Mental Capacity Act
- Kirby v Electricity North West [2023] EWHC 75 – Liability and damages for physical damage to agricultural land
- Wallace v Manchester City Council CA (1998) 30 HLR 1111 - a leading authority on damages for disrepair
- New Charter Housing v Ashcroft CA [2004] HLR 36 - the grounds on which possession orders might be suspended
- Manchester City Council v Romano CA [2004] 4 All ER 21 - disability discrimination by landlords
- Re 26 Camberly Drive (2008) LP/40/2006 - application to modify covenant affecting freehold land
- Trafford Housing Trust v Rubenstein [2013] UKUT 0581 - time limits in "major works" charges by landlords
- Taylor v Burton CA [2014] EWCA Civ 21 - costs in boundary disputes
- Richards v Wood CA [2014] EWCA Civ 327 - construction of trust affecting former council house
- Taylor v Burton CA [2015] EWCA Civ 142 - significance of "subject to contract" qualification
OTHER
Robert has lived well with Type 1 Diabetes and is a member of the NHS's DAFNE Executive Board and Diabetes UK's Lived Experience Advisory Council. No adjustments for this disability are required.
Scholarships and Prizes
Hardwicke Scholar, Lincoln's Inn
Associations
Chancery Bar Association,
Northern Chancery Bar Association,
North West Housing Law Practitioners' Group
Education
MA, Christ Church, Oxford, LLM, Kings College, London University
Prescribed Information
Robert Darbyshire is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about him can be found here.
Mr Darbyshire’s clerks will happily provide no obligation quotations for all the legal services that he provides. Their contact details can be found here. It is most common for him to attend Courts, Tribunals and Mediations for a fixed brief fee plus a fee for each refresher day. Advisory work, paperwork and conferences are usually charged at an hourly rate, often subject to an agreed cap. Mr Darbyshire accepts Conditional Fee Agreements at his discretion and only in truly exceptional circumstances. Paperwork will typically be returned within 14 days, however professional commitments, complexity and volume of documentation can affect this approximate timescales. If papers are required more promptly, please contact the clerks in Chambers here.
Specialist Areas of Practice:
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