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Areas of Practice:


• Arbitration
• Commercial
• Family
• Direct Public Access
• Insolvency
• Personal Injury
• Property


Education:


• Selwyn College, University of Cambridge, MA (History and Archæology of Mesopotamia, the Near East and Ægean).
• College of Law, London, LLB (Graduate Diploma in Law and Bar Vocational Course).


Experience:


Jacob is an experienced junior with a broad practice in chancery, family and general civil litigation. He particularly welcomes cases that are factually or legally complex and which require the creative use of law to resolve.

His strengths are providing clear, practical advice to individuals and companies together with fearless advocacy in court.

In addition to this brief summary, Jacob also maintains a website at http://www.giffordhead.co.uk which includes fuller profile, details of significant cases, and articles about various areas of law.

Chancery:


Jacob is interested in a wide range of chancery litigation.


Jacob is most frequently instructed in disputes about trusts, generally under TOLATA. These cases tend to involve arguments about whether trusts can be implied by the common intention or actions of the parties, and disagreements as to the validity and interpretation of written trust documents (including allegations of fraud). In the former category, there is often a heavy overlap with family cases, with many disputes arising from the breakdown of a relationship where it is said that one former partner possesses a beneficial interest in the property which is registered solely in the name of the other.


Jacob welcomes instructions in all areas of corporate and personal insolvency. He has been instructed in numerous conventional insolvency actions (e.g. bankruptcy and winding up petitions, applications to set aside statutory demands, annulment applications, etc.) but also has an interest in more complex issues such as the tracing and recovery of assets.


Jacob’s wills and probate practice includes instructions in all major areas: disputes about the validity or interpretation of a will; allegations of misfeasance in the administration of the estate (including fraud and theft); and applications under the Inheritance Act 1975.


Finally, Jacob has often instructed in commercial and residential property disputes, such as applications for possession or cases involving forfeiture, dilapidations and disrepairs.


Examples of recent reported cases:


Family and Court of Protection:


Jacob accepts instructions in a wide-range of family cases.


He has represented numerous clients in their applications for financial remedy in both the High and Family Courts. Here, clients appreciate a willingness to give straight-forward and practical advice. He has a particular strength in enforcement where a good knowledge of the lesser-known parts of the Family Procedure Rules and the practice of the civil courts is essential. He also has experience of the rarer applications before the courts, such as those under Schedule 1, Children Act 1989 and s.17 Married Women’s Property Act 1882.


Jacob welcomes private law children cases, ranging from ‘straight-forward’ contact disputes to international cases; allegations of ‘parental alienation’ and other serious harm; and wardship proceedings. His particular expertise is in applications for removal from the jurisdiction or relocation, either permanently or temporarily.


Jacob has considerable experience in care and public law children cases, particularly acting for the parents, where a willingness to challenge and push for a favourable resolution is of particular importance. Here, he finds having a background in criminal law is an invaluable advantage.


Finally, Jacob has experience in all major jurisdictions within the Court of Protection, representing applicants, respondents and interested parties.


Examples of recent reported cases:


Re: EE (Children) (Habitual Residence) [2016] EWHC 3363 (Fam); [2017] 1 F.C.R. 500: Habitual residence of children who had spent extensive time in Latvia.



General Civil & Commercial:


Jacob is regularly instructed in commercial and contractual disputes, representing companies large and small. Most cases touch on the interpretation and performance of contracts, although many range more widely into regulations, intellectual property and even tort.


Examples of recent high profile cases:


• Re: a Bank: Representing one of the UK’s largest banks in a number of claims arising out the mis-selling of interest rate hedging products to corporate customers.


• Rawlinson and Hunter Trustees et al. v. Serious Fraud Office: Disclosure counsel in this high-profile, £300 million claim which arose out of the Serious Fraud Office’s failed investigation into the collapse of Kaupthing Bank.


Jacob has regular experience in personal injury, having carried out numerous RTA (including credit hire), EL and OL trials for both Claimants and Defendants.


Finally, Jacob welcomes unusual civil actions ranging as widely as bailment; conversion; or civil applications under the Protection from Harassment Act 1997.


Examples of recent reported cases:

  • R. (on the application of Wilus) v Poland [2014] EWHC 2718 (Admin): Whether the non-availability of an interpretor for an appellant in the High Court violated Article 6 ECHR

Employment


Jacob welcomes instructions for both the claimant and respondent in cases under all Employment Tribunal jurisdictions and has experience of employment disputes in the Employment Tribunal; employment cases in the Civil Courts; and the Employment Appeal Tribunal.


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