Harry Martin

For practice areas see below

Practice

Harry is building a busy junior practice specialising in general Chancery and art and cultural property matters. He is available to accept instructions in all areas of work undertaken by Chambers, including:

  • Wills and probate
  • Estates and family provision
  • Trusts
  • Personal taxation
  • Court of Protection work
  • Charities
  • Insolvency (corporate and personal)
  • Real Property
  • Landlord and Tenant
  • Professional negligence
  • Art and cultural property

 

Chancery

  • Fielden v Christie-Miller (2014 – 2016). Harry was instructed (led) to act for the Part 20 defendants in this litigation concerning a £40m estate in Oxfordshire. Harry appeared as a sole advocate in the interim applications court [2014] EWHC 3959 (Ch) and as a junior in two successful interim hearings: [2015] EWHC 87 (Ch) and [2015] EWHC 2940 (Ch). The case spanned a wide range of legal issues, including rectification, proprietary estoppel, unanimity of trustees, non-fettering of trustees, alleged defective execution of a will, and removal of trustees.
  • Re a Deceased Russian National (2015 – 2016). Harry is currently instructed in relation to imminent High Court proceedings concerning the administration of the estate of a Russian national murdered in Moscow. The case includes issues as to service of court proceedings in Russia.
  • Re the forfeiture rule (2014 – 2015). Harry was instructed (led) to represent the defendant beneficiaries in a claim brought by a claimant who brutally killed his father and grandmother. The claimant claimed that he suffered from schizophrenia at the time of the killings and sought relief from the forfeiture rule (which prevented him from taking under the wills of his father and grandmother) and relief under the Inheritance (Provision for Family and Dependants) Act 1975. The claim settled before trial.

Art and cultural property

  • Re Dutch Cannons (2015 – 2016). Harry is instructed (led) in this ongoing matter which concerns title to, and the sale of, three cannons of Dutch manufacture recovered from the wreck of a 17th Century warship.
  • Early 20th Century painting (2013 – 2016). Harry is instructed (led) to advise the heirs of the sitter and owner of a well-known painting for its return from the National Gallery in London.
  • Plantagenet Alliance Ltd v Secretary of State for Justice (2013 – 2014). Harry was instructed (led) to advise and represent Leicester City Council in relation to the dispute concerning the place of re-interment of the remains of King Richard III, which were discovered underneath land owned by the Council.

 

Insolvency

  • Re Telrock Communications Limited (2015 – 2016). Harry is instructed in High Court proceedings on behalf of the applicants, seeking to reverse the decision of liquidators to refuse to admit the applicants’ proof of debt in the sum of c. £500,000. The case concerns the nature and terms of the contractual relationship between the applicants and the (now insolvent) company, as well as the liquidators’ obligation to provide disclosure.
  • Re Nortel Networks (2014). Harry was instructed by Herbert Smith to act as part of a team for the European administrators in relation to this very large, multi-jurisdictional insolvency dispute. Harry’s role involved reviewing the depositions of a large number of witnesses to facilitate the marshaling of the evidence into the written arguments.
  • Harry is regularly instructed by trustees in bankruptcy in relation to matters such as annulment, possession of tenanted residential premises (in particular the High Court appeal in Re Bolter to be reported in [2016] BPIR []), and possession and sale of property).

 

Publications

  • Contributor to the forthcoming Sale of Goods volume of the Encyclopedia of Forms and Precedents (LexisNexis).
  • Contributor to Heritage, Ancestry and Law: Principles, Policies and Practices in Dealing with Historical Human Remains (Institute of Art and Law; 2015).
  • The Tadros Case [2014] EWHC 2860 (Ch): Concurrent Probate Actions and Anti-Suit Injunctions (October 2014 edition of the ACTAPS newsletter).
  • The Contractual Importance of Committing to Paper (Journal of Art, Antiquity and Law, October 2013).
  • Protecting Cultural Assets in the Event of Insolvency (Journal of Art, Antiquity and Law, January 2013).
  • Harry also writes headnotes for the Wills and Trusts Law Reports (recent examples include the headnotes for Freedman v Freedman [2015] EWHC 1457 (Ch), Credit Agricole v Papadimitriou [2015] UKPC 13, P v P [2015] EWCA Civ 447, Law Society v Elsdon [2015] EWHC 1326 (Ch), Bagum v Hafiz [2015] EWCA Civ 801, and Kennedy v Kennedy [2014] EWHC 4129 (Ch)).

 

Seminars and lectures

Harry enjoys giving seminars and lectures on areas within his expertise, and in particular in the field of art and cultural property. Recent examples include the following:

  • Speaking to the annual conference of the British-German Jurists’ Association in Dublin (April 2015), the Withers Art Law Group (November 2015), and the Institute of Art and Law (November 2015) on The Life, Death and Legal Battles of King Richard III.
  • Speaking at seminars organised by the Institute of Art and Law on topics including: Temporary Export Licensing (May 2015), Building Contracts and Antiquities (December 2014), The Return of the Ghandharan Buddha (September 2014), and The Compatibility of Anti-Suit and Anti-Seizure Legislation with the European Convention on Human Rights (2013, in Berlin).
  • Delivering seminars on the changes to the rules of intestacy and family provision claims brought about by the Inheritance and Trustees Powers Act 2014 to Farrer & Co, Charles Russell Speechlys, Boodle Hatfield, Withers, Radcliffes Le Brasseur and Henmans Freeth (2014 – 2015).

 

Education

Harry read Jurisprudence at the University of Oxford, Keble College. He achieved a Distinction in Law Moderations, a scholarship in his second and third years, and First Class Honours.
After obtaining his undergraduate degree Harry took the Bachelor of Civil Law (Masters) at the University of Oxford, Keble College in which he achieved a Distinction.
Harry undertook the Bar Professional Training Course at BPP Law School where he was graded as "Outstanding".

 

Other Experience

Whilst studying on the Bar Professional Training Course Harry taught on the Principles of Commercial Law course at Oxford University, taking half of the undergraduates on the course for their tutorials. Harry also conducted the law admissions interviews for Brasenose College, Oxford.
Harry also worked as a research assistant to Professor Louise Gullifer (Professor of Commercial Law at Oxford University). In this role he conducted research for the new editions of Goode on Legal Problems of Credit and Security (5th ed.) and The Law of Personal Property (1st ed.)