33 Bedford Row barristers Philip Williams and Daniel Jeremy recently acted for the Defendant in the complex High Court Chancery Division matter, O'Driscoll v Clayton (Junior) [2025] EWHC 2607 (Ch) with the matter now set to be considered by the Court of Appeal.

The case, heard before HHJ Paul Matthews (sitting as a Judge of the High Court), centered on a claim for specific performance of an alleged oral agreement for the sale and purchase of the entire share capital of a private company, Caddicks Ltd. As the company's sole asset of value was a parcel of land in Cheshire, the dispute was fundamentally about the transfer of that land.

The Claimant contended that an oral agreement had been made to purchase the company’s shares - and therefore the land - in exchange for a new truck and caravan.

In stark contrast, the Defence, represented by Philip Williams and Daniel Jeremy, argued that no such agreement for sale existed. Instead, the Defendant asserted that the agreement was a conditional arrangement: the Claimant was to temporarily take control of the company to seek planning permission for development. Following the clearance of the land and the grant of planning permission, the parties were then to negotiate the exploitation of the opportunity and share the benefit. The exchange of the truck and caravan was characterized by the Defence as an "exchange carried out as a sign of good faith between members of the travelling community who were entering into a business transaction," rather than the consideration for the sale.

This complex case demanded advocacy at the intersection of property, commercial, and chancery law. Read full Judgment here.

Philip Williams (Deputy Head of Civil in Chambers) is a leading junior with an almost exclusive High Court practice. He is renowned for his fearless cross-examination and is often instructed in highly litigious, cross-over areas of law such as Civil Fraud, Chancery, Property, and Regulatory challenges, frequently acting for high-net-worth individuals.

Daniel Jeremy has a broad civil practice, including a commercial specialty. 

To instruct, email clerks@33br.co.uk