
Howd
Call: 1989
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Summary of Practice
Stephen has a well developed commercial and chancery practice and specialises exclusively in these areas of work. His particular areas of expertise are:
- Commercial: including general commercial contract, sale of goods, insurance, international trade, banking and securities, bailment, carriage of goods, agency, fraud, misrepresentation and undue influence, hire purchase and consumer credit, employees covenants and breach of confidence, wrongful interference with goods, restitution.
- Chancery and Property: including trusts, partnership and shareholder disputes, contracts for the sale of land, conveyancing, rights of way and other easements, boundaries and disputes over title, nuisance and negligence affecting land, restrictive covenants, mortgages, highways.
- Professional Negligence: solicitors, surveyors, valuers, accountants, insurance brokers, architects, and engineers.
- Conflict of Laws (Private International Law): including jurisdiction under European law and at common law, the enforcement of foreign judgments, and choice of law and the proper law of contracts.
- ADR/Mediation: accredited mediator and experienced at representing parties at mediations in the above fields of practice. Member of ADR Chambers, Clerksroom, the Association of Northern Mediators, and the Bar Council list of accredited Mediators.
Stephen has a reputation as a formidable advocate who is incisive and thorough in his legal analysis.
Notable Cases
(1) Andrew Bradford (2) Cheryl Bradford v Keith James & Ors (2008) [2008]EWCA Civ 837.
(A plan annexed to a conveyance was unclear and extrinsic evidence was admissible to clarify and construe the conveyance and ascertain the intentions of the parties)
Black Horse Ltd. v Langford LTL 25/4/2007 (Leeds QBD, Gray J.)
(s. 56 Consumer Credit Act 1974 – whether supplier deemed agent for creditor when goods sold by supplier to intermediary credit-broker and then by credit-broker to creditor before forming the subject matter of a hire purchase agreement)
Fretwell v Graves LTL 25/5/2005 (Leeds Ch.D, HHJ Langan Q.C.)
(Land Registration Act 2002 – void transfer – further transfer to innocent third party – whether arguable case for rectification of the land register against third party – whether interim injunction should be granted restraining further dealings with the property pending trial)
CPL Industrial Services Holdings Ltd. v R & L Freeman & Sons LTL 18/1/2005 (Court of Appeal)
(judgment entered in default of compliance with unless order in commercial litigation – merits of the defence – whether relief against sanctions should be granted and judgment set aside)
Habton Farms v Nimmo [2004] Q.B. 1 (Court of Appeal)
(agency – sale of goods – scope of agent’s authority - measure of damages for agent's breach of warranty of authority where goods had perished shortly after the sale)
Galliford (UK) Ltd. v Markel Capital Ltd. LTL 20/5/2003 (Leeds Merc., HHJ Behrens)
(Third Parties (Rights Against Insurers) Act 1930 – Housing Grants Construction and Regeneration Act 1996 – whether insurer liable in respect of adjudication award against insolvent insured)
Granville Oil v Davis Turner & Co. Ltd. LTL 15/4/2003 (Court of Appeal)
(international trade – carriage of goods - whether freight forwarder contracted as principal or as agent – whether 9 month time-bar clause satisfied requirement of reasonableness under UCTA 1977)
SSQ Europe SA v Johann & Backes OHG [2002] 1 Lloyds Rep 465 (Bristol Merc., HHJ Havelock-Allen Q.C.)
(international trade - conflict of laws – Art. 17 of Brussels Convention - whether jurisdiction agreement effectively incorporated into contract of sale by seller's standard terms and conditions)
Cook v Financial Insurance Co. Ltd. [1998] 1 WLR 1765 (House of Lords)
(insurance – construction of exceptions clause in disability policy – whether insured had received advice treatment or counselling for condition which had not been correctly diagnosed prior to the inception of the policy)
Pritchard v Cook LTL 4/6/1998 (Court of Appeal)
(sale of goods – whether a pre-contractual representation as to the technical specification of a rally car engine was a term of the contract of sale although not referred to in the contract documents)
Memberships
Business & Property Group – Zenith Chambers
Awards
Six scholarships and prizes awarded by the Middle Temple, including a Queen Mother’s Scholarship, prizes for Conflict of Laws and Taxation, and the Ver Heyden de Lancey prize for being 1st in the Middle Temple Order of Merit in the 1989 Bar Exams.
Education
Christ Church, Oxford, BA. Physics
City University, London, Diploma in Law with Distinction
(2nd in Order of Merit)
Inns of Court School of Law
(7th in Order of Merit in Bar Finals)
Jesus College, Cambridge, LL.M. studying international sales, conflict of laws, and taxation








