Marc Glover

Profile

Marc Glover has developed a successful chancery practice, covering the areas of property, company/insolvency and commercial/business law. Within this sphere, Marc has developed a sub-specialty in Tax and VAT.

Marc’s client experience includes banks/building societies, local authorities, well-known limited companies and high net wealth individuals (with assets of £50 million plus).

Marc regularly appears in the County Court and High Court, and has experience of appearing before the Court of Appeal.  He also undertakes arbitrations and mediations.

In recent years, Marc has been junior counsel to a number of high profile Queen’s Counsel including Geraint Jones QC, Paul Girolami QC, Kudlip Singh QC and Andrew Hogarth QC.

Marc is now qualified to accept Direct Access clients.

Experience

Property

Landlord & tenant:
Possession actions, unlawful eviction, distress, forfeiture (including Sch B1 Insolvency Act protected cases) and relief, lease renewal, enforcement of covenants (insurance and repair), dilapidations, bailment of tenant’s property, enfranchisement.

Real Property:
Trusts. Adverse possession, boundaries, easements, restrictive covenants and mortgage actions (commercial and residential). Sale agreements (auction and private treaty) including VAT issues; Transfer of a Going Concern). 

Business & Commercial

Company:
Shareholders’ dispute and minority shareholders’ remedies, directors’ duties & disputes, company meetings and resolutions, memoranda and articles of association, dissolution and restoration of companies, shareholders’ agreements, disqualification of directors.
 
Insolvency:
Winding up petitions, administration petitions, receiverships and company charges, creditors’ schemes of arrangement and transactions at an undervalue/preference.

Commercial:
Contractual disputes, partnership disputes, the supply of good and services, sale and carriage of goods, debt recovery, banking & finance, joint venture agreements, commercial fraud, agency, factoring and restraint of trade, tax and VAT.

Significant Cases

Eastenders v HMRC [2012] EWCA Civ15, LTL 20/1/2012
Property rights - statutory interpretation - statutory powers to interfere with private property - detention of goods - forfeiture of goods - goods must in fact be "liable to forfeiture" ; it is not sufficient that there are reasonable grounds to suspect/believe that goods may be "liable to forfeiture".

Odhiambo v Gooch, 24th October 2011, LTL 16.1.2012
Landlord and Tenant - Notice to Quit - a demand for rent during the period of the Notice to Quit does not invalidate/waive the notice - wasted costs against solicitors.

Hawkes & Oths v County Leasing Asset Management Ltd & Oths,  Ch D (Vos J) LTL 21/10/2011
Application for an order to restore a company to the register and for a limitation override order – s.1030(3) Companies Act 2006 – the court had jurisdiction to hear the applications separately.

R (on the application of (1) Superbrew (Europe) Ltd & Oths) v (1) Bristol Crown Court Service (2) HMRC [2011] EWHC 1899 (Admin), [2011] S.T.I. 2376, LTL 17/8/2011
Application to vary a final order


Windsor & Oths v The Crown Prosecution Service [2011] EWCA Crim 143, [2011] 1 W.L.R. 1519;[2011] 2 Cr. App. R. 7; [2011] Lloyds's Rep. F.C.204; LTL 23/2/2011, Times, March 3, 2011
Companies – Proceeds of Crime Act 2002 - Restraint & receivership orders against alleged offenders, including directors – Receivership Orders against the director’s company – Minority shareholders’ interests – piercing the
corporate veil 

Stablewood Properties Ltd v Amrit Virdi & Anr [2010] EWCA Civ 865; [2011] W.T.L.R. 723; LTL 28/7/2010
Creation of a trust in company shares – settlor the legal owner of all the company shares and the sole director of the company - beneficiary of shares right to control and occupy company property and to control the company – beneficiary seizing occupation of the property and retaining rental income - director meeting company’s mortgage liability – possession claim by the company against the beneficiary - trustee/nominee shareholder’s rights and duties towards a beneficiary where he retains a security in the settled shares – trustee’s separate rights and duties in respect of the company property as a director .  

Abbey Forwarding Ltd v Hone & Oths [2010] EWHC 1532 (Ch),  LTL 28/06/2010
Freezing Injunction £5.6million – Application to make a payment out of frozen funds - Proposed payment not within the species of payments permitted under the “ordinary course of business” exception – Variation to Freezing Injunction to specifically permit payment granted.

Naso Investments v Ramjan & Dawlish  17th June 2010 (CLCC) Appeal, LTL 8/11/2010 – Lease Forfeiture - Failure to Attend Trial - CPR 39.3 - Application to set aside final order refused – Lower court’s finding that the application was not made promptly was wrong – Lower court’s finding as to “good reason” for failure to attend inadequately reasoned – The conduct and failings of a party’s legal representative was relevant to determining whether there is a “good reason” for not attending – Decision of Peter Gibson LJ in Training in Compliance Ltd v Dewse [2001] CP Rep 46 distinguished.

Graham Huntley & Oths v Simon Armes [2010] EWCA Civ 396,  LTL 11/5/2010
Boundary dispute – Application of a conveyance plan – Adverse possession – Limited original boundary features – Conveyance plan boundary displaced by findings that the physical boundary had been laid out in its present position in the 1930s.

Panayiotou & Oths v Nicolaou [2010] EWCA Civ (The Chancellor, Etherton & Elias LJJ), 14.04.2010
Trustee - Possession Claim against a dependant of a beneficiary - TLATA 1996

Goldberg & Oths v Foster Squires (a Firm) [2010] EWHC 450 (QB), LTL 19/3/2010
Accountant’s liability for negligent investment advice - Fraud – Partnership liability - Partnership Act 1980, s.10 - Vicarious liability - The ordinary course of the business of an accountant includes expressing a view as to the risks associated with an investment.

R v Atwal ex p Barking Magistrates’ Court  [2009] EWHC 3862 (Admin), LTL 22/10/2010 Abuse of Process – Civil proceeding in the magistrates’ court - Forfeiture under the Proceeds of Crime Act 2002 – Declaration that a magistrates’ court sitting in civil proceedings has jurisdiction to determine an abuse of process application.

Acting in the High Court on behalf of Allied Irish Bank and others in a shareholder, director and charge holders’ dispute, concerning the Penthouse Club, 1 Leicester Square.

Acting on behalf of Defendants in a £1 million commercial fraud claim brought by Aviva Insurance.
 
Acting in a shareholder (s. 459) and director dispute concerning a company holding high value and sensitive contracts with the Parliamentary Estates pertaining to Downing Street and the Houses of Parliament.

Acting on behalf of a Claimant in a £600,000 professional negligence claim against a leading City firm and leading counsel, concerning a failure to claim properly the interest in a complex loan case that was successful in recovering the principle sum (c. £2,000,000).

Acting in the High Court on behalf of a number of jewellery wholesalers in a multi-jurisdiction (Dubai, Hong Kong, UK) action for payment on goods in excess of £15,000,000.

Partnership dissolution concerning an import business with assets overseas and a value in excess of £20,000,000. The matter involved tracing of assets overseas and issues concerning HMRC.
 
Acting for a commercial property company in an application under paragraph 43(4) of Schedule B1 of the Insolvency Act 1986 to forfeit a lease and paragraph 43 (6) of Schedule B1 of the Insolvency Act 1986 to be permitted to levy a distress for rent at the Premises. The case was covered in Estates Gazette.

Publications

Contributor, Service Charges and Management: Law & Practice 2nd edition (Sweet & Maxwell)

Contributor, Service Charges and Management: Law and Practice, 1st Edition 2006 (Sweet & Maxwell)

Contributor, RICS online Insurv Service, Oversailing and Trespass

Co-author, Just Not Cricket, Solicitors Journal 20 October 2009

Co-author, What's your partner up to?, Accountancy Age 10 June 2010

Author, The Great Divide, Solicitors Journal June 2010

Author, Out of Practice, Solicitors Journal 21 September 2010

Co-Author, Simple Possession, Butterworths Property Law Newsletter October 2010

Memberships

Member, Property Bar Association

Member, Chancery Bar Association

Member, Commercial Bar Association (COMBAR)

Qualifications

LLB  Hons (University of Lancaster) 
LLM  International/European Business Law (University of Lancaster)