Mark Dubbery

Contact

Expertise

Alternative Dispute Resolution

Mark is an experienced barrister and mediator adept at cutting through legal and factual complexities and focusing on the parties’ real needs and motivations. He is an excellent communicator: sympathetic and measured where required but equally able to bring a robust, analytical approach to breaking through apparent barriers to settlement.

Mark joined Pump Court Chambers as a pupil in 1996 and now specialises in claims involving the Inheritance Act 1975, constructive trusts, contentious probate, proprietary estoppel, all manner of family financial claim and disputes relating to real property including boundary disputes and claims arising out of fraud, undue influence, misrepresentation, negligence and costs. He also appears before the Lands Tribunal, Court of Protection and at Coroners’ inquests. 

Notable cases include: Soulsbury v Soulsbury [2007] EWCA Civ 969; Williams v Parris [2008] EWCA Civ 1147; Stoker v Rose (Re Krystofowicz (deceased)) (2001) WTLR 883; McMeekin v Long (2003) 29 EG 120 and Brown v Russel Young & Co. SCCO 53R/2005.

Mark is a regular speaker at seminars organised by Pump Court Chambers, by CLT and by local law societies and practice groups. He presents regular internet seminars for Lips Legal. He is a regular contributor of articles to chambers publications and to third party websites.

 

Court of Protection

Mark is regularly instructed in a wide variety of Property and Affairs cases both in London and regionally. He has a particular interest in Statutory Wills in his role as leader of chambers' Inheritance Wills and Probate team. His recent cases include: the successful representation a donor who wished to resist the registration of an LPA on the grounds that the application was premature; dealing with the consequences of a loss of capacity in the midst of a complex family arrangement to purchase and develop property, and dealing with rival applications for deputyship. He has also recently appeared for the children of a patient in a contested contact and residence matter. He has spoken on Court of Protection matters at chambers and external seminars. 

Personal Injury and Clinical Negligence

A former head of the Personal Injury team Mark is a member of the specialist fraudulent claims group with particular experience in the defence of such claims. He also appears before Coroner’s Inquests. 

Property

Mark’s practice encompasses a broad range of property disputes particularly those relating to constructive and resulting trusts (he has particular experience and expertise in complex claims involving extended families), proprietary estoppel, undue influence, boundaries and easements, estate agents’ commission and misrepresentation by vendors of residential property. He also appears before the Lands Tribunal. 

Children Private Law

He also deals with injunctions, committals and all manner of private law applications under of the Children Act 1989.

Family Finance

Mark specialises in matrimonial finance (with particular expertise in advancing or resisting claims by third parties), claims under the Trusts of Land and Appointment of Trustees Act 1996 and Schedule 1 of the Children Act 1989. 

Inheritance, Wills and Probate

Mark is regularly instructed in claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 and other contentious probate matters, claims for rectification of wills, administration actions and applications to remove or replace executors. Many claims involve issues of proprietary estoppel, constructive trusts and/or undue influence. He regularly acts for charities and for children or adults under a disability. He is highly experienced in the mediation of such claims as both advocate and mediator. He regularly appears in the Court of Protection on all manner of financial claims with a particular interest in statutory wills.  

 

 

Overview

Year of call: 1996
Appointments:
  • Accredited Mediator (ADR Group)
Areas of specialism:
  • Alternative Dispute Resolution
  • Business and Commercial
  • Children Private Law
  • Court of Protection
  • Family Finance
  • Inheritance, Wills and Probate
  • Personal Injury and Clinical Negligence
  • Property
  • Public Access and Direct Access
Downloads:
Qualifications:
  • BSc (Economics) - University College, London.
  • LLB (First Class) - City Law School.
Professional associations:
  • Family Law Bar Association
  • Chancery Bar Association
  • Member of ACTAPS
  • Western Circuit
  • Civil Mediation Council
Professional activities:
  • Mark is a regular speaker at Chambers’ and external seminars.
  • Contributor to specialist publications on and off line.
  • Speaker, trainer and lecturer at chambers’ events and those arranged for or by solicitors, regional practice groups, HMRC and commercial providers including CLT, CPDcast, MBL and Lips Legal.
Outside Interests:
  • Travel, sport, cooking, the arts.
Notable Cases:
  • Chekov v Fryer [2015] EWHC 1642 (Ch)
  • Kentfield v Wright [2010] EWHC 1607 (Ch)
  • Parris v Williams [2008] EWCA Civ 1147
  • Broadway v Fernandez [2007] EWHC 684 (Ch).
  • Soulsbury v Soulsbury [2007] EWCA Civ 938
  • Brown & Ors v Russell Young & Co (a firm) [2006] EWHC 90055 (Costs)
  • McMeekin v Long [2003] 29 EG 120
  • Stoker v Rose (Re Krzystofowicz (deceased) [2001] W.T.L.R. 883
Publications:
  • Stands to Reason – PS Magazine (Law Society), November 2012. (www.probatesection.org.uk/pages/magazine/list/2012 (£))
  • Communication Breakdown – Private Client Advisor, March 2012. (http://bit.ly/zS0aQM)
  • Cohabitants and the IPFD – Lawskills, June 2010. (www.lawskills.co.uk/articles/2010/06/cohabitants-and-the-ipfd/).
  • You can’t take it with you – or leave it behind: Roberts and Milbour v Fresco [2017] EWHC 283 (Ch) - Family Law March 2017 (www.familylaw.co.uk/news_and_comment/you-can-t-take-it-with-you-or-leave-it-behind-roberts-and-milbour-v-fresco-2017-ewhc-28)