Christopher Stirling

Called 1993

LLB (Newcastle) 1992

Commercial
Property

Family Finance

Employment

Insolvency

Professional Memberships

ELA

Profile

Christopher practices in the fields of commercial law, property law and matrimonial finance. These specialisms are built on a strong foundation of advocacy skills developed in a broad early practice that included extensive experience of criminal jury advocacy. He believes that strong advocacy and forensic skills remain the unique selling point of the Bar to the lay and professional client. He has an approachable and user-friendly manner and recognises the importance of commercial pragmatism in solving clients' legal disputes. He acts as the chair of Chambers' civil group and has been instrumental in the inception and development of Chambers' successful seminar program.
Christopher is able to accept instructions directly from members of the public within his specialist practice areas.

Commercial

Christopher's commercial practice encompasses representing individuals and corporations on commercial contract matters including debt recovery, sale of goods, factoring and related company law matters. Christopher has a special interest in the interaction between contract and the economic torts and in particular the liability of directors for the contractual liabilities of their companies. Additionally Christopher acts in employment related contractual disputes including those connected to performance related bonuses. He also continues to advise in areas on the boundaries of criminal and civil law such as asset recovery and regulatory matters.

Notable Cases

Crystalens Limited v Dr John Charles White & others, 7th July 2006, QBD (Com), Gloster J, (extempore) - clarifying the extent of the liability of a company director for procuring a breach of contract by his company in light of an ambiguous passage in the current edition of Clerk & Lindsell on Torts.

Christopher practices in all areas of property law, including commercial and residential landlord and tenant, boundary disputes and easements, and in disputes as to the co-ownership of property under TLATA. He has lectured on the House of Lords judgment in Stack v Dowden and its application for co-owners both including and beyond the paradigm case of the co-habiting couple.

Kremen (also known as Agrest) v Agrest [2011] EWCA Civ 232, [2011] Fam Law 569,[2011] 2 P & CR DG9, [2011] All ER (D) 106 (Mar), [2011] 2 FLR (upcoming) – successfully arguing at first instance and in the Court of Appeal that an apparent sale of a special purpose BVI property holding company,  through a share sale in the company, was a sale subject to a condition precedent that mortgage finance be obtained . In the premises where a subsequent purchaser could be shown to have knowledge of an order in matrimonial proceedings preventing the obtaining of mortgage finance on that property prior to the obtaining of such finance the subsequent purchaser could not rely on the equity’s darling defence to resist an application to set aside the whole transaction.

Khaneghah v Bakhtavari [2009] EWHC 837 (Fam); and related proceedings in Central London County Court – Substantial TOLATA and trusts proceedings as a 20 day preliminary issue in Ancillary Relief proceedings – concerning c£40M of commercial and domestic properties in Central London and the interaction of Iranian family arrangements for the holding of properties and its application to English trusts principles – included linked possession proceedings on the extent of implied contractual licences to occupy.

Cancer Research v Sarang; Mayors and City of London County Court – the efficacy or otherwise of purported exercise of break clauses in commercial tenancy against the background of the credit crunch; successfully resisted on behalf of the landlord the claim that the break clause had been effectively exercised in circumstances where commercial tenant in negotiations to assign lease.

Christopher practices all aspects of matrimonial finance but specialises in matters involving aspects of company and trusts law and those involving property disputes with third parties - intervener proceedings. Christopher has lectured on both the procedure in relation to intervener disputes and also on the impact of the bankruptcy jurisdiction on matrimonial proceedings.
Christopher also acts in a range of probate and inheritance matters from challenges to wills to actions under the Inheritance (Provision for Family and Dependants) Act 1975.

Notable Cases

Kremen (also known as Agrest) v Agrest [2011] EWCA Civ 232, [2011] Fam Law 569,[2011] 2 P & CR DG9, [2011] All ER (D) 106 (Mar), [2011] 2 FLR (upcoming) – successful resisting of appeal  against decision of Mostyn J setting aside transfers of property owned by husband through  a BVI company pursuant to the law of sham and s.23 of the MFPA 1984 (identical provision to s.37 of MCA 1973). Successfully arguing that subsequent purchaser could not rely on equity’s darling defence where his purchase was conditional on obtaining mortgage finance and prior to obtaining such finance the third party became aware of the matrimonial dispute. Court of Appeal gave guidance on the reasoning judges should give when exercising discretion under such anti-avoidance provisions.

Kremen (also known as Agrest) v Agrest (Everclear Ltd (BVI) intervening) [2010] EWHC 3091 (Fam), [2011] Fam Law 568, [2011] All ER (D) 47 (Mar), [2011] 2 FLR (upcoming) – First instance decision in the above where Mostyn J also considered the circumstances in which it was appropriate to pierce the corporate veil in matrimonial finance cases

Khaneghah v Bakhtavari [2009] EWHC 837 (Fam).  Intervener proceedings as a 20 day preliminary issue in divorce proceedings concerning c£40M of commercial and domestic properties in Central London and the interaction of Iranian family arrangements for the holding of properties and its application to English trusts principles and hence availability for distribution within ancillary relief proceedings.

M v M (2009) Fam Div. Divorce proceedings involving contested methodologies of valuing substantial businesses in the distressed conditions of the credit crunch -  successfully settled divorce proceedings against the background of demerging commercial businesses (limited companies and partnerships) involving third party shareholders/partners and involving parallel commercial demerger negotiations.

Employment

Christopher specialism includes employment related contractual disputes including those connected to performance related bonuses. 

Ratcliffe Duce & Gammer v (1) L Binns (T/A Parc Ferme) (2) N McDonald (2008) EAT, LTL 21/5/08 - clarifying the test for the making of wasted costs orders in the Employment Tribunal.

Insolvency

Christopher's practice encompasses all areas of both personal and corporate insolvency. He has a particular interest in the interaction of insolvency matters with other areas of law such as commercial disputes and matrimonial finance and in particular challenges to transactions as either being at an undervalue or as preferences. He has lectured on the specific application of insolvency to matrimonial finance. The most recent of his lectures has been broadcast as a podcast on the Family Law Week website.

Professional Negligence

Christopher acts in matters of professional negligence in relation to his specialities with particular experience in relation to solicitors' negligence in connection with matrimonial finance matters.

Publications

Articles:  “Equity's darling” in the spotlight - 161 NLJ 653 May 2011
Author of the chapter on costs in Civil Courts Practice and Procedure Handbook, Tolley  2000.

French (near fluent reading and spoken, adequate written).

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