Charles Goodall

This is the major area of Charles’ practice and most of his work is related to this in one way or another. Charles’ practice covers nearly all areas of real property, and in particular:

Property

This includes questions of constructive, resulting and implied trusts and other issues of co-ownership; proprietary estoppel; trusts of land and tolata applications; Boundary disputes and adverse possession; Rights over property including Easements and profits a prendre; Freehold and leasehold covenants; leases, leasehold covenants and the disclaimer of leases; Licences; Undue influence and other abuses of position; issues of registration and non-registration of title and rights under the Registration Acts 1925 and 2002; Nuisance claims and trespass; Partnership disputes; Land Options and Pre-Emption Rights and Rights over property.

A notable case Charles had in the area was Woolls v Powling (9.3.1999) TLR which dealt with the admission of extrinsic evidence in boundary disputes.

Landlord and Tenant

Business, agricultural and residential – including questions of possession; renewals, breaches of covenants; dilapidations and licences.

Often arising out of property, probate and trust matters. Charles has acted for both claimants and defendants, and actions have involved solicitors, barristers, and surveyors as well as trustees and administrators. Charles has dealt with multi-layered negligent actions with several solicitors involved, and often there are issues of limitation to be considered. He has had cases involving solicitors’ negligence and costs and the legislation in relation to the solicitors’ costs recovery.

In relation to contentious probate, Charles has been instructed on many cases involving the interpretation of Wills, the validity of Wills and also issues as to the administration of an Estate. Charles has acted for Executors, Administrators, Trustees, Beneficiaries, and he has acted both for and against Charities.

As to Inheritance Act actions, Charles has acted for the Personal Representatives, as well as for claimants and beneficiaries. He has dealt with cases to extend time for bringing actions, as to the class of claimant as well as substantive actions taken to trial where settlement could not be reached as well as providing advice as to Infant settlement. A notable case with which Charles was involved was Gully v Dix [2004] 1 WLR 1399, [2004] 1 FLR 918.

Contractual actions dealing with sale of goods and services; breaches of terms, mutual and unilateral mistake; misrepresentation; fraud, guarantees and sureties and issues involving agency.

Charles has dealt with disputes as to the formation of partnerships; whether a partnership or joint venture existed; interpretation of partnership deeds; the rights and duties of partners and the dissolution and winding up of partnerships. Cases have involved promissory and proprietary estoppel. Where, as is almost inevitable in partnership disputes, there are issues of real property and/or leases, then with my long experience of property matters, Charles is able to offer a holistic approach.

Charles’ experience of Insolvency has involved both before and after bankruptcy/winding up and both corporate and personal insolvency. He has acted for individuals, companies, HM Customs & Excise as well as Trustees in Bankruptcy. Charles has both resisted and sought to set aside statutory demands; sought change of carriage and substitution orders, bankruptcy orders and their annulment. In relation to the administration of Estates, his work has included the nature of a bankrupt’s property, assignment of mixed actions, as well as actions in relation to preferences and setting aside transactions, the priorities of debts, and the disclaimer of leases.

Charles has had a number of notable cases:

Re Purvis [1997] 3 All ER 663, [1998] BPIR 153

Wilson v Maple Division [1999] BPIR 102

Purvis v H.M.Customs & Excise [1999] BPIR 396

Charles has acted for Trustees and for beneficiaries. He has dealt with actions involving whether a trust exists; implied, constructive and resulting trusts; the disposition of a trust and its terms; the duties and powers of trustees, and the rights of beneficiaries; TOLATA applications; seeking pre-emptive orders including Beddoes orders for directions from the court and providing advices as to the same; Charles has dealt with cases involving allegations of breaches of trust including allegations of fraud and with trustees seeking relief for breaches of trust from the court and with issues of limitation.

Charles has acted both for the private individual following orders for the division of property on divorce and acting for the Crown in seeking recovery of assets in the civil courts following criminal proceedings. He has been involved in actions tracing property in this jurisdiction and elsewhere and in actions of unjust enrichment.