Mathew Roper

For practice areas see below

Mathew joined chambers upon the successful completion of his pupillage. His supervisors were David Rees, Leon Sartin and Mark Blackett-Ord.

 

Practice

Mathew has a busy contentious and non-contentious Chancery practice, with a particular emphasis on the following:

  • Trusts
  • Wills & estates
  • Probate
  • Proprietary estoppel
  • Family provision
  • Capital taxation
  • Professional negligence
  • Court of Protection


Mathew is also experienced in the field of ecclesiastical law, having appeared in the Consistory Court as sole counsel (Re St Peter Brighton [2012] CH157/11 (22) June 2012) and as a junior (Re St Cyriac, Lacock [2012] Bristol Const. Ct (4 December 2012)). He is available to accept instructions at all stages of the Church of England's faulty jurisdiction.

 

Chancery


Recent/notable cases include:

  • Bullard v Bullard [2017] EWHC 3 (Ch)
    Mathew acted for the successful claimant/settlor in a claim to construe, further or alternatively rectify a settlement created as part of a "double trust scheme" so as to exclude section 31 of the Trustee Act 1925, and thereby ensure there was no immediate IHT charge.
  • RNLI v Headley [2016] EWHC 1948 (Ch); [2016] WTLR 1433; [2017] 1 P & CR DG4
    Mathew acted for the successful charities/reversionary beneficiaries in proceedings for an account and for the disclosure of trust information.
  • Fielden v Christie-Miller (2015-16) (see [2015] EWHC 2940 (Ch); [2015] WTLR 1689)
    Mathew (led by Penelope Reed QC) acted for the Claimant and Part 20 defendant in litigation concerning a £40M estate. The proceedings were primarily concerned with rectification of a deed of appointment and the doctrine of proprietary estoppel. The matter settled shortly before trial.
  • Re GHW (2015)
    Mathew (led by David Rees QC) acted for a deputy and litigation friend in litigation concerning a contractual claim for care fees in excess of £10M. The defence concerned, inter alia, the extent of an attorney's authority, undue influence and unconscionable bargain. The matter settled shortly before a six week trial.
  • Cotton v Earl of Cardigan (2013-4) (see [2014] EWCA Civ 1312; [2015] WTLR 39)
    Mathew acted for the second and third defendants to a "blessing" claim in respect of a proposed sale of Tottenham House for over £11M.

Court of Protection

Mathew is regularly instructed by the Official Solicitor and other parties to contested deputyship, statutory will and estate planning applications in the Court of Protection. He also receives regular instructions to represent the Public Guardian in applications concerning Enduring and Lasting Powers of Attorney.


Recent cases include:

  • Re J [2016] EWCOP 52
    Mathew acted for the Official Solicitor in response to a statutory will application. The application was brought by a deputy to give effect to a compromise of undue influence proceedings brought by P against one of her sons and concerned the extent to which P's present wishes and feelings should be taken into account notwithstanding the terms of the compromise.
  • Re LRG (2016)
    Mathew acted for the Public Guardian in an application for declarations as to P's capacity to execute a Lasting Power of Attorney.
  • Re JTT (2016)
    Mathew acted for the Official Solicitor in an application to dispense with service of statutory will proceedings on P's father.
  • Re SMG (2016)
    Mathew acted for the Official Solicitor in an application to ratify various estate planning gifts and sales of P's assets at an undervalue.
  • Re SC (2016)
    Mathew acted for the Official Solicitor in an application for authority to settle clinical negligence damages into a section 89 settlement.
  • Re EVM (2014)
    Mathew acted for the Official Solicitor in an application for authority to execute a statutory will. The will was sought as a result of P's son being convicted and imprisoned for financially abusing P.
  • Re AD (2014)
    Mathew acted for the Official Solicitor in an application for authority to conduct and compromise partnership litigation intimated against P by her children.

Professional Memberships

Mathew is a member of the Chancery Bar Association and the Ecclesiastical Law Society


Publications and Lecturing

Mathew writes and speaks widely within his area of expertise and is a regular contributor to the Solicitors for the Elderly's newsletter.


Articles and lectures include:

  • "Accounting Rights", Trusts and Estates Law & Tax Journal, 2017
  • "Accounting, disclosure, and trustees' costs", Trusts & Trustees, Aug/Sept 2016
  • "Public Trustee v Cooper Applications", 8th September 2016
  • "Buzzoni revisited: Hood v RRC", Elder Law Journal, 2016(6)
  • "Recent Contested Deputyship Decisions", Private Client Business 2016(4)
  • "Lilleyman v Lilleyman: approaching 'non-matrimonial property'
    Under the Inheritance Act", Elder Law Journal, 2012(4)

Education

Mathew read Ancient and Medieval History at the University of Birmingham, graduating top of his year with First Class Honours. After completing the GDL/CPE, Mathew was graded "Outstanding" on the Bar Professional Training Course at City Law School (formerly ICSL). He received the Terence Fitzgerald Scholarship and an accommodation award from Middle Temple and was called to the Bar in July 2011 with his Inn's Certificate of Honour.