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Lynne Counsell#1033

Lynne Counsell

Barrister, Addington Chambers
Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.
Contributed to

97

Letter of claim—claim for money had and received
Letter of claim—claim for money had and received
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for a claim for money had and received. A claim for money had and received is one of the categories of case where the law does not permit one party to be unjustly enriched by keeping a benefit obtained from another.

Letter of claim—damages for continuing representation becoming false by alteration of circumstances
Letter of claim—damages for continuing representation becoming false by alteration of circumstances
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages under the Misrepresentation Act 1967 for a continuing representation becoming false by alteration of circumstances. Damages are available where the misrepresentation has caused the innocent party loss.

Letter of claim—negligent misstatement by bank
Letter of claim—negligent misstatement by bank
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for negligent misstatement by a bank.

Letter of claim—rescission and damages for fraudulent misrepresentation
Letter of claim—rescission and damages for fraudulent misrepresentation
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for fraudulent misrepresentation. If fraudulent misrepresentation is established, the innocent party is entitled to rescind the contract and claim damages.

Is the validity of a notice of severance of joint tenancy in respect a joint investment bond affected by the mental capacity of the joint owner (A) at the time of service? Would the existence of a registered financial affairs lasting power of attorney given by A affect the validity of the notice?
Is the validity of a notice of severance of joint tenancy in respect a joint investment bond affected by the mental capacity of the joint owner (A) at the time of service? Would the existence of a registered financial affairs lasting power of attorney given by A affect the validity of the notice?
Q&As
Is there liability for exit assistance costs on termination when there is no express provision in the agreement?
Is there liability for exit assistance costs on termination when there is no express provision in the agreement?
Q&As
Should a letter of wishes, drafted to guide trustees of a discretionary Will trust, be dated on a different day to the Will in order to avoid the letter of wishes becoming a public document or disclosable alongside the Will?
Should a letter of wishes, drafted to guide trustees of a discretionary Will trust, be dated on a different day to the Will in order to avoid the letter of wishes becoming a public document or disclosable alongside the Will?
Q&As
Some suppliers of SaaS services reserve the right to vary contractual documents without notice by posting revised versions on a specified website address (but otherwise without notice) from time to time. Can such variations (in business to business contracts) be valid and what grounds for challenge might a customer raise?
Some suppliers of SaaS services reserve the right to vary contractual documents without notice by posting revised versions on a specified website address (but otherwise without notice) from time to time. Can such variations (in business to business contracts) be valid and what grounds for challenge might a customer raise?
Q&As
The deceased created a life interest trust over their share of a property. One of the trustees of the life interest trust is the life tenant, who has now lost capacity but has a Property and Affairs Lasting Power of Attorney. The trust has no express power of appointment or removal of trustees. Can the life tenant's attorneys and the other trustees sell the property or does the life tenant trustee need to be removed first? If they need to be removed, how can this be done?
The deceased created a life interest trust over their share of a property. One of the trustees of the life interest trust is the life tenant, who has now lost capacity but has a Property and Affairs Lasting Power of Attorney. The trust has no express power of appointment or removal of trustees. Can the life tenant's attorneys and the other trustees sell the property or does the life tenant trustee need to be removed first? If they need to be removed, how can this be done?
Q&As
The Non-Contentious Probate Rules 1987 (rule 61(2) and rule 2(1)) require that an application for an inventory and account must be made to the Registrar of the Probate Registry which issued the grant. If that Probate Registry has since closed, to which other registry can the application for an inventory and account be made?
The Non-Contentious Probate Rules 1987 (rule 61(2) and rule 2(1)) require that an application for an inventory and account must be made to the Registrar of the Probate Registry which issued the grant. If that Probate Registry has since closed, to which other registry can the application for an inventory and account be made?
Q&As
The settlor of a life insurance trust wishes to terminate the trust and have the policy transferred to them so that the proceeds of the policy will form part of their estate on death. Is this possible and, if so, how can it be achieved?
The settlor of a life insurance trust wishes to terminate the trust and have the policy transferred to them so that the proceeds of the policy will form part of their estate on death. Is this possible and, if so, how can it be achieved?
Q&As
The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung?
The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung?
Q&As
The supply of components to my business from Italy is late and I don’t know when they will be delivered because of coronavirus (COVID-19). I am about to miss the deadline to supply my products to a customer, what can I do?
The supply of components to my business from Italy is late and I don’t know when they will be delivered because of coronavirus (COVID-19). I am about to miss the deadline to supply my products to a customer, what can I do?
Q&As
Three trustees, one of whom no longer has capacity but has a Lasting Power of Attorney attorney, hold title to charity land. The remaining two competent trustees wish to retire and appoint replacements. What is the procedure to vest the land in the new trustees and does the LPA attorney have to be involved?
Three trustees, one of whom no longer has capacity but has a Lasting Power of Attorney attorney, hold title to charity land. The remaining two competent trustees wish to retire and appoint replacements. What is the procedure to vest the land in the new trustees and does the LPA attorney have to be involved?
Q&As
What considerations are raised when a supplier, who has successfully won a contract subject to the Public Contracts Regulations 2015, SI 2015/102, obtains consent to sub-contract the entire provision of the goods or services to a group company?
What considerations are raised when a supplier, who has successfully won a contract subject to the Public Contracts Regulations 2015, SI 2015/102, obtains consent to sub-contract the entire provision of the goods or services to a group company?
Q&As
What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to agency, introducer, or commission agreements?
What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to agency, introducer, or commission agreements?
Q&As
What guidance is there—(a) on the valuation of royalty income for the purposes of inheritance tax, and (b) on the distribution of royalties to an estate beneficiary?
What guidance is there—(a) on the valuation of royalty income for the purposes of inheritance tax, and (b) on the distribution of royalties to an estate beneficiary?
Q&As
What is the legal authority for a life tenant of a settlement to live in property held by the settlement?
What is the legal authority for a life tenant of a settlement to live in property held by the settlement?
Q&As
What is the position for schools who contractually owe a duty to deliver a service paid for but are unable to provide it? Is there a force majeure​?​ If not, What must schools do to ensure they meet their contractual obligations in the pandemic? If they cannot deliver, are students entitled to a refund?
What is the position for schools who contractually owe a duty to deliver a service paid for but are unable to provide it? Is there a force majeure​?​ If not, What must schools do to ensure they meet their contractual obligations in the pandemic? If they cannot deliver, are students entitled to a refund?
Q&As
What is the process for authorising a non-director to sign contracts on behalf of a company?
What is the process for authorising a non-director to sign contracts on behalf of a company?
Q&As
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Practice Areas

Panels

  • Case Analysis Panel
  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2006

Membership

  • Chancery Bar Association

Education

  • History BA (Hons) 2:1 Bedford College. University of London
  • Diploma in Law City University, London
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