Bernard Lo

Called 1991

BA (Bristol) (Philosophy) 1978 - 1981
Stonyhurst College 1972 - 1977 

Main Areas of Practice

Commercial
Consumer Credit/Banking
Housing/ Landlord & Tenant
Insolvency
Mortgages
Professional Negligence
Property and Clubs
Mediation

Professional Memberships

HLPA

Profile

Bernard is a general civil practitioner with a particular interest in Landlord and Tenant and Housing.  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 has acted for a Premiership football club and 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.

Bernard is an accredited mediator.

Bernard also undertakes direct public access work.

Commercial

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. Bernard undertakes CFAs in this area and acts in litigation.

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.

Housing/ Landlord & Tenant

Bernard is an experienced practitioner in the field of residential landlord and tenant and housing law having practised in the area for over 15 years primarily for tenants but also for landlords.  He has a particular expertise in disrepair, unlawful eviction, anti-social behaviour and possession claims and is a longstanding member of the HLPA.

Notable Cases

Notting Hill Housing Trust v Deol (Legal Action, December 2008, p.25) Brentford CC. Successfully challenged the validity of a professional landlord’s standard s21 Notice, which wrongly identified the “period” of the tenancy and whose “saving” formula failed to provide an alternative fail safe as a valid expiry date. The landlord’s arguments that there was no initial fixed term or that the “months” referred to in the tenancy agreement were lunar rather than calendar months were rejected. 

Salah v Munro (Legal Action, July 2009, p. 34/Housing Law Casebook 5th ed. 09.31) Uxbridge CC.  Acted for a tenant in an unlawful eviction claim, where the landlord disconnected the electricity after being ordered not to interfere with the tenant’s occupation. Re-instatement followed threat of a committal application. The tenant’s case is that the landlord has been grossly offensive by accusing her of being a prostitute. HHJ Copley found there had been an unlawful eviction and awarded damages of £13,600 including aggravated and exemplary damages.

Worthmore Ltd v Miskiniene (Legal Action, October 2011) Brentford CC. A possession order made in the absence of the tenant was set aside on the basis that the landlord had misled the judge as to the level of rent arrears. Although the tenant did not satisfy the CPR 39.3(5) test, the misleading of the judge was a “highly unusual and compelling factor” justifying the application of a less stringent test for setting aside the order.

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.

Clubs

Bernard has experience advising members' clubs on constitutional and other issues.   

Additional Professional Activities

Bernard is a registered Pupillage Supervisor.

If you would like any further information regarding Bernard Lo’s practice, please contact his clerks or call +44 (0)20 7405 6114.