Chambers of Edward DenehanLINCOLN'S INN, LONDON, WC2A 3NN, ENGLAND
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Vivian Chapman QC
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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  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  Ch 253,  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  2 AC 674,  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  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  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  EWHC 3591 (ch); Llewellyn v Lorey  EWCA Civ 37 (right of way); McLaren v Kubaik  EWHC 1065 (town or village green); Hertfordshire CC v Secretary of State DEFRA  EWCA 1718 (CA public rights of way); Fraser v Canterbury Diocesan Board of Finance  1 All ER 315 (House of Lords, School Sites Acts); Sangster v Biddulphs  PNLR 33 (partnership: professional negligence); R (Richards) v Pembrokeshire County Council  BLGR 105 (court of Appeal: judicial review); (Crest Nicholson Residential (South) Ltd v McAllister  1 WLR 2409 (Court of Appeal: restrictive covenants); Fraser v Canterbury Diocesan Board of Finance (No 2)  EWCA Civ 15 (Court of Appeal: School Sites Acts); Massey v Boulden  2 All ER 87 (Court of Appeal: rights of way); Crest Nicholson Residential (South) Ltd v McAllister  1 All ER 46 (restrictive covenants); Padgham v Rochelle  WTLR 71,  WTLR 1483 (undue influence); Bettison v Langton  1 AC 27 (House of Lords: rights of common); Carapeto v Good  WTLR 801, 1305 and 1311 (probate); Fitzpatrick v Sterling Housing Association Ltd  1 AC 27 (House of Lords: landlord and tenant); Fraser v Canterbury Diocesan Board of Finance  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  80 P&CR 348 (public rights of way: deletion from definitive map); Price Meats Ltd v Barclays Bank plc  2 All ER (Comm) 346 (Banking: constructive notice of forgery).
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.
King's College School, Wimbledon; Christ's College, Cambridge (MA Double First, LLM First).
Walking, music, skiing, opera, theatre.
Chancery (general); Property - litigation; Agriculture