The Legal 500

Chambers of Edward Denehan

LINCOLN'S INN, LONDON, WC2A 3NN, ENGLAND
Tel:
Work 020 7404 5055
Fax:
Fax 020 7405 1551
DX:
314 LONDON CHANCERY LANE WC2
Web:
www.9stonebuildings.com
Email:

Vivian Chapman QC

Tel:
Work +44 20 7404 5055
Email:
9 Stone Buildings (Chambers of Edward Denehan)

Position

Vivian Chapman's practice encompasses a wide range of chancery and civil areas. Queen's Counsel specialising in property litigation with a special interest in the law relating to commons and village greens. He has been described by Lord Hoffmann in R v Oxfordshire County Council ex p Sunningwell PC [2000] AC 335, as 'a barrister with great experience in this branch of the law', by Lightman J in Oxfordshire County Council v Oxford City Council [2004] Ch 253, [2004] EWHC 12 (Ch) as 'a senior barrister with wide experience in this field', by Lord Hoffmann in Oxfordshire County Council v Oxford City Council & Robinson [2006] 2 AC 674, [2006] UKHL 25 as 'a member of the Bar expert in the law of commons and greens', and by HH Judge Waksman in R (Oxfordshire & Buckinghamshire Mental Health NHS Foundation Trust & Oxford Radcliffe Hospitals NHS Trust) v Oxfordshire County Council [2010] EWHC (Admin) as having 'very extensive knowledge and experience of this area of the law and has often acted as Inspector in relation to TVG applications.' He has now taken part as Inspector or counsel in over 60 public inquiries into village green applications including the Sunningwell, Trap Grounds, Redcar & Warneford Meadow cases. He acted as inspector or counsel in six such public inquiries in 2011. His report and recommendation to North Yorkshire County Council in a village green case on a tricky point of prescription has recently (December 2011) been upheld by the High Court on judicial review: R (Barkas) v North Yorkshire County Council [2011] EWHC 3653 (Admin). Chambers UK Guide to the Legal Profession (2012) states: 'Vivian Chapman QC of 9, Stone Buildings is commended for his 'Rolls Royce service' when tackling his village greens and rights of way practice. 'An absolute master, his cross examinations are economical and to the point', say interviewees'. He is recommended as a Leading Silk in Property Litigation by the Legal 500 in its current 2011 Edition which says that he has 'vast experience in village green issues'. Recent cases include: Piper Land Development (Solihull) Ltd v Rhondda Cynon Taf CBC [2011] EWHC 3591 (ch); Llewellyn v Lorey [2011] EWCA Civ 37 (right of way); McLaren v Kubaik [2007] EWHC 1065 (town or village green); Hertfordshire CC v Secretary of State DEFRA [2006] EWCA 1718 (CA public rights of way); Fraser v Canterbury Diocesan Board of Finance [2006] 1 All ER 315 (House of Lords, School Sites Acts); Sangster v Biddulphs [2005] PNLR 33 (partnership: professional negligence); R (Richards) v Pembrokeshire County Council [2005] BLGR 105 (court of Appeal: judicial review); (Crest Nicholson Residential (South) Ltd v McAllister [2004] 1 WLR 2409 (Court of Appeal: restrictive covenants); Fraser v Canterbury Diocesan Board of Finance (No 2) [2004] EWCA Civ 15 (Court of Appeal: School Sites Acts); Massey v Boulden [2003] 2 All ER 87 (Court of Appeal: rights of way); Crest Nicholson Residential (South) Ltd v McAllister [2003] 1 All ER 46 (restrictive covenants); Padgham v Rochelle [2003] WTLR 71, [2002] WTLR 1483 (undue influence); Bettison v Langton [2002] 1 AC 27 (House of Lords: rights of common); Carapeto v Good [2002] WTLR 801, 1305 and 1311 (probate); Fitzpatrick v Sterling Housing Association Ltd [2001] 1 AC 27 (House of Lords: landlord and tenant); Fraser v Canterbury Diocesan Board of Finance [2001] Ch 669 (Court of Appeal: School Sites Acts); Barclays Bank Trust Co Ltd v McDougall (2001) 2 WTLR 23 (trusts: construction of settlement); R v National Assembly of Wales ex p Robinson [2000] 80 P&CR 348 (public rights of way: deletion from definitive map); Price Meats Ltd v Barclays Bank plc [2000] 2 All ER (Comm) 346 (Banking: constructive notice of forgery).

Career

QC 2006; Bencher of Lincoln's Inn; Lincoln's and Middle Temple; former head of Chambers at 9 Stone Buildings; a recorder; frequently sits as an Inspector in Public Inquiries. Editor 'Chancery Litigation Handbook' (Jordans 2005); co-author 'Town and Village Greens' (2011); author of numerous articles. He regularly speaks on property law and litigation at conferences and seminars and on webinars.

Education

King's College School, Wimbledon; Christ's College, Cambridge (MA Double First, LLM First).

Leisure

Walking, music, skiing, opera, theatre.

Practice Areas

Chancery (general); Property - litigation; Agriculture

Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Jersey Royal Court considers measure of damages for dilapidations claims

    In the absence of any statutory provision in Jersey addressing how dilapidations claims are to be quantified, the Royal Court's decision in JSSL v Barclays has provided some much needed guidance, particularly in circumstances where there is an acceptance that works to redress dilapidations have not been and will not be carried out.
  • English Supreme Court rules on Mistake and Hastings Bass

    On 9 May 2013 the English Supreme Court handed down a unanimous judgment on the seminal cases of Pitt-v- Holt and Futter -v- Futter , with Lord Walker's valedictory judgment conclusively resolving the English position on the rule in Hastings Bass and rescission on the ground of mistake.
  • Getting the breaks

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • Product liability and dietary supplements

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • The calm before 
the storm: are 
you prepared for 
a dawn raid?

    WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • International shipment of waste: transporters beware

    Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here
  • Cyprus Shipping Industry : Business as usual. Why despite recent events Cyprus remains an internatio

    Cyprus is the third most populated island in the Mediterranean Sea. It is strategically located at the crossroads of Europe, Africa and the Middle East. Traditionally Cyprus has always been at the heart of the seafaring trade and therefore always functioned as an important centre for trade and commerce. Today as a member of the European Union it remains an optimal business base. It is one of the most attractive locations for foreign investments worldwide. Foreign companies have been given the opportunity to invest and establish business in Cyprus on equal terms with local investors as no distinction is made between foreign and Cypriot companies.
  • FOREIGN EXCHANGE OPERATIONS

    The excellent support system in combination with the ideal jurisdiction provided in Cyprus set the country in the list of the most desirable countries through which you can offer foreign exchange operations. In addition, the accession of Cyprus within the European Union and, most importantly, the extremely beneficial economic advantages available due to the low costs and the outstanding taxation, create a covetable environment for foreign investors.
  • National public order. Adoption of the Draft

    The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the 26th of February, 2013 (hereinafter - the Informative Letter) on Review of the consideration by arbitrazh courts of the cases on the implementation of the public order clause as the ground for rejection of the recognition and enforcement of the foreign court decisions and arbitral awards.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.