Profile

• Stonyhurst College 1972 - 1977
• BA (Bristol) (Philosophy) 1978 - 1981
• Member of HLPA, ELBA & ELA
• Called: 1991

·      Bernard is a general civil practitioner with a particular interest in Landlord and Tenant, Housing and Employment law. He has successfully undertaken several solicitors' negligence cases some on a CFA basis. Bernard has been regularly instructed by the Secretary of State for Transport (DVLA) and his clients include a Premiership football club, a celebrity "Page 3" model/TV presenter, companies large and small but also a substantial proportion of publicly funded litigants. He prides himself on representing all with equal determination. Bernard is the current Head of Chamber's Pupillage Committee.

COMMERCIAL: Bernard regularly acts in debt recovery, sale of goods, building and associated commercial disputes:

Notable cases:

Dreverton v Regal Garages Ltd [1998] CLY 4382: A motor trader purchasing a second hand vehicle from a fraudster without a registration document was not acting in "the ordinary course of business of a Mercantile Agent" so as to have a defence to a claim for conversion under Factors Acts 1889 s2(1). Legal owner of the vehicle therefore succeeded.

Segnit v Cotton CA 9.12.1999: Cotton's obligation to pay Segnit was conditional upon Segnit's performance in full of his obligations under their agreement. As Segnit had abandoned his task after several months but prior to completion he was not entitled to any payment or remuneration.

Wang v Xu sub nom re Phoneer Ltd ChD.13.12.2001 LTL: Unfairly prejudicial conduct on the part of a company director but the restoration of the pre-existing shareholding was held to be excessive and disproportionate.

Soir Contracting and General Trading Co v Desai CA 14.2.2006 [2006] All ER (D) 169 (Feb): Desai had signed a statement of account showing that she owed the sum of US $706,300 and a letter drafted by the Claimant acknowledging that she owed the Claimant the same sum and stating that she would pay it soon. Her defence was that she had been misled fraudulently into signing those documents and had believed that they had been an inventory of items of jewellery consigned to her on a sale or return basis. CA held that defence was beyond belief given the clear terms of the documents.

CONSUMER CREDIT/BANKING: Bernard regularly acts for debtors and bank customers in claims against lenders/creditors.

Notable cases:

Cooper v National Westminster Bank plc [2009] EWHC 3035 (QB); [2010] 1 Lloyd's Law Reports Pt 9, 490. Bernard acted for C who purchased a Euro draft from the Bank. There was a delay in delivering the draft to C during which time its sterling value appreciated considerably. C's solicitors wrote to the Bank a letter that was ambiguous and self evidently misconceived requiring the Bank to take certain steps. The Bank took internal legal advice and realised that by re-crediting C with the sterling purchase price for the draft it would be able to retain a foreign exchange profit. Consequently the Bank cancelled the draft and re-credited C's account purportedly following C's instructions. The Bank informed C of that by letter. C subsequently demanded delivery of the Euro draft and the Bank claimed that there had been a compromise. HHJ Seymour QC (sitting as a Judge of the High Court) held:

• C's solicitor's letter was too ambiguous to amount to an offer to settle.
• He further found that the Bank had not acted reasonably in interpreting C's solicitor's letter as they had.

EMPLOYMENT: Bernard has considerable experience of employment litigation for both employers and employees. He has also lectured on employment law topics.

Notable cases:

UK Inspections v Ashley EAT 3.2.1998 Lexis: An appeal against an ET decision on the ground of the bias of the Chairman.

Ladies' Health & Fitness Club Ltd v Eastmond & others UKEAT/0094/03: In a battle for control of a chain of fitness clubs, control passed from A to B to C. Finding that there had been a transfer from A to B and then to C upheld by EAT. The issue as to whether attendees at a meeting hostile to C and signatories to a Petition hostile to C had "objected" to the transfer within TUPE 1982 Reg 5(4A) & (4B) remitted back to ET. ET's ruling that any such objection had to be "informed" was disapproved.

HOUSING/LANDLORD & TENANT: Bernard has extensive experience in most areas of residential landlord and tenant and housing law, particularly in anti-social behaviour, rent arrears possession proceedings, disrepair actions, unlawful eviction and harassment claims. He also deals with business tenancy litigation including renewals, dilapidations and forfeiture proceedings.

Notable cases:

Notting Hill Housing Trust v Deol Legal Action December 2008, 25: Possession claim defeated as s21 Notice was invalid. The Notice did not expire on the last day of a period of the tenancy and the "saving formula" (which differed from that approved in Notting Hill Housing Trust v Roomus [2006] 1 WLR 1375) was defective. NHHT arguments that the tenancy agreement did not create an initial fixed term and that if there was an initial fixed term of 6 months then they were "lunar" months were rejected.

Salah v Monro Legal Action July 2009, 34: Damages of £13,600 including aggravated, exemplary and special damages recovered for an unlawfully evicted tenant against whom unfounded allegations of prostitution had been made and services cut off.

INSOLVENCY: Bernard frequently acts in personal insolvency related matters for debtors, trustees and creditors. He has particular experience of defeating claims by assignees of debts.

MORTGAGES: Bernard has many years of experience in litigation around the enforcement of mortgages including defending claims on the basis of undue influence, fraud and forgery.

PROFESSIONAL NEGLIGENCE: Bernard has acted for claimants in solicitor's negligence claims usually arising out of conveyancing and other property or commercial transactions including on CFAs.

PROPERTY: Bernard's practice covers TLATA claims, boundary disputes, adverse possession claims, tree roots and noise nuisance and other property disputes

ADDITIONAL ACTIVITIES:

Bernard is a longstanding voluntary adviser at East Finchley Advice Service and a registered Pupillage Supervisor.

If you would like any further information regarding Bernard Lo's practice, please contact his clerks or call +44 (0)207 405 6114.