Bernard Devlin

Year of Call: 1980

Education / Qualifications

LLB (Reading), LLM (UCL)

 

Specialist practice areas

Civil Practice
Contract and Commercial
Chancery and Company
Landlord and Tenant
Personal Injury
Professional Negligence

Profile

Bernard has practised continuously at the Bar since 1980 in the fields of Common Law and Chancery, acting on behalf of corporate and individual clients. His practice covers many areas and can best be described as encompassing property law, contract law, and the law affecting the business client (company law, partnership law, banking law, insolvency, mortgages and suretyship, trade marks, passing off and copyright).

 

Bernard has twice represented clients in the House of Lords in the leading cases of Barclays Bank v O'Brien [1994] 1 AC 180 and UCB Home Loans Corporation Ltd v Moore sub nom Royal Bank of Scotland v Etridge (No.2) [2002] 2 AC 113. Over the years he has appeared in a number of important Court of Appeal cases.

Professional Memberships

South Eastern Circuit, BEG

Direct public access

Accepted

Pupil supervisor

Yes

Cases of note

Barclays Bank v O'Brien [1994] 1 AC 180 (House of Lords)
Undue influence of husband over wife in relation to mortgage over matrimonial home

Royal Bank of Scotland v Etridge (No.2) [2002] 2 AC 773 (House of Lords)
House of Lords review the law of undue influence

Re Intermain Properties Ltd (Ch D) [1986] BCLC 265 (High Court)
Company law and winding up

Goodman v Gallant [1986] 2 WLR 236 (Court of Appeal)
Joint property and declarations of trust

Re Citro (A Bankrupt) [1990] 3 WLR 880 (Court of Appeal)
Bankruptcy; a trustee's right to enforce sale of the matrimonial home

R v Thurrock BC ex p Wellham (Div Ct) [1991] 23 HLR 434 (High Court)
Defective housing; application to Council under Housing Act 1985 Part XVI; Applicant only entitled to one determination and one notice

Gurton v Parrott [1991] 1 EGLR 98 (Court of Appeal)
Business tenancy; business use

Gharavi-Nakhjavani v Pelagias [2005] EWCA Civ 908 (Court of Appeal)
Approach to be taken by the Court when taking partnership accounts

Scotlife Home Loans (No.2) Limited v Melinek (2000) P & CR 389 (Court of Appeal)
Liability of wife to lender following misappropriation of re-mortgage monies by husband.