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Ted Loveday

Call: 2016

Overview

Ted has a busy practice spanning all areas of Chambers’ work. He is regularly instructed, both individually and as part of a counsel team, in important commercial, companies, insolvency and charities litigation.

Ted graduated from the University of Cambridge with a double first in Law and History and passed his Bar exams graded “Outstanding” aged 22. He joined Maitland in 2017. In 2019-2020 he served as a Judicial Assistant to Lord Briggs of Westbourne at the Supreme Court of the United Kingdom. He is regularly praised by solicitors and clients for his high standards of service, accessible manner and track record of successful advocacy.

 

Before coming to the Bar, Ted read Law and History at Gonville and Caius College, Cambridge, where he served as a senior officer of the Cambridge Union Society and was part of the winning team in the 2015 series of BBC2’s University Challenge. During his year studying the BPTC, he taught debating skills to prisoners in HMP Brixton and HMP Wormwood Scrubs as part of Gray’s Inn’s Vocalise programme. He also acted as a representative in the Social Security and Child Support Tribunal through the Free Representation Unit. Ted was named Britain’s most influential law student by the website Legal Cheek in 2016.

Terms of instruction

Unless agreed otherwise in writing, Ted will be acting on The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Expertise

Overview

Ted regularly acts as advocate in all manner of commercial, civil fraud and contract disputes in the High Court (Business and Property Courts, including the Chancery Division and the Commercial Court). He is regularly involved in heavy and high-value litigation although is happy to take cases at all stages and all levels

Notable Cases

  • Various Claimants v Nationwide Corporate Finance Ltd and others (BL-2019-BRS-000010). Acting in long-running claims on behalf of members of the National Farmers’ Union for mis-selling of financial products against Nationwide Corporate Finance/Bluerock Secured Finance Ltd and Close Brothers Ltd. Instructed by Esther Woolford and Laura Mackain-Bremner of Clarke Willmott LLP.
  • Active Media Services Inc v Burmester Duncker and Joly GmbH & Co KG [2021] EWHC 232 (Comm) (costs judgment at [2021] EWHC 352 (Comm)). Successfully defended a Commercial Court claim worth over $3 million in connection with a completion guarantee for a Christmas-themed film (led by Edmund Cullen KC). The case raised issues relating to estoppel, fraud and destruction of evidence.
  • Suppipat v Narongej [2020] EWHC 3191 (Comm). Instructed as part of the counsel team for five of the defendants in a fraud claim for an estimated US$1.2 billion.
  • FundingSecure Ltd v Green [2019] EWHC 208 (Ch). Involved in long-running fraud and associated contempt of court proceedings on behalf of a peer-to-peer lender.

Overview

Ted regularly acts for both debtors and creditors on winding-up petitions, applications for validation orders, bankruptcy petitions and other proceedings under the Insolvency Act 1986

Notable Cases

  • Mortimer Whittaker O'Sullivan Ltd (in liquidation) v Mark Hurst (CR-2019-005292). Assisted former employee of an advertising company with the defence of claims under s.423 of the Insolvency Act 1986 in connection with employee benefit trusts. Instructed by South Westminster Legal Advice Centre.

Overview

Ted represents and advises clients in companies, partnership and LLP disputes. He is experienced in a range of proceedings under the Companies Act 2006 (including unfair prejudice petitions, derivative claims, misfeasance claims and applications for late registration of company charges) and the Company Directors Disqualification Act 1986 Re removal from LLPs (2022). Advising on issues arising out of removal of several members from a publicly listed group of professional services companies and LLPs on grounds of alleged poor performance. 

Notable Cases

  • TMO Renewables Ltd v Yeo and others [2021] EWHC 2033 (Ch). Successfully defended £39m claim for breach of fiduciary duty against the former directors and an adviser to the Board of a renewable energy company. The claim was dismissed following a 4-week trial in March 2021. Led by Matthew Collings KC and instructed by Sarah Rees and Conor Daly of Blake Morgan LLP.
  • Trident Nominees (IOM) Ltd others v Shaftesbury Properties Ltd and others (PT-2020-000535). Instructed on behalf of Treasury Solicitor in High Court proceedings relating to bona vacantia following dissolution of a foreign company. Trial listed for November 2021.
  • Melford v Wingfield Digby (2021). Junior counsel in an ongoing LLP/partnership dispute including a claim for misuse of confidential information in the High Court.
  • TMO Renewables Ltd v Yeo and others (2019-2021). Junior counsel for two of the defendants in a £36+ million claim for breach of fiduciary duty against the former directors and an adviser to the Board of a renewable energy company. A heavy 4-week trial took place in March 2021 and judgment is awaited

Overview

Ted has a strong interest in charities law. In 2019 he worked in the Legal Policy team at the Charity Commission of England and Wales as part of a secondment, advising the Commission on a range of topics relating to the regulation of charities. He has also been instructed in connection with various other matters relating to charities and charitable status, including business rates disputes in the Magistrates’ Court and challenges to registration decisions by the Commission. During pupillage he was supervised by Matthew Smith and gained a good grounding in the area.

Ted regularly acts for and advises charities, trustees, school governors and directors on governance issues, fiduciary duties, regulation and property matters.

Notable Cases

  • Mermaids v Charity Commission for England and Wales (CA.2021.0013). Instructed in Mermaids’ appeal to the First-tier Tribunal against the registration of LGB Alliance as a charity. The case is crowdfunded by the Good Law Project.
  • Lehtimäki v Cooper [2020] UKSC 33. Ted was Judicial Assistant to Lord Briggs of Westbourne in the course of the hearing of this case, one of the most important charity law decisions in the history of the Supreme Court.

Overview

Ted advises and represents clients across the music, theatre and film industries, with a focus on commercial, company and insolvency issues that they face. He also has experience in helping arts organisations to navigate charity law and other governance requirements.

Notable Cases

Overview

Ted regularly acts unled in possession proceedings in the County Court. He acts in other property-related disputes such as trespass, boundary disputes, the enforcement of easements, breaches of covenants and service charges. He was instructed with Amanda Tipples QC (now Mrs Justice Tipples) and James Kinman in a long-running partnership dispute in the Central London County Court concerning ownership of a property in central London and raising complicated issues of civil procedure. He also advises in disputes relating to joint ventures and the informal creation of equitable interests, both in a business and a residential context. Ted regularly advises on landlord and tenant and housing-related issues as a volunteer at South Westminster Legal Advice Centre

Notable Cases

  • Trident Nominees (IOM) Ltd others v Shaftesbury Properties Ltd and others (PT-2020-000535). Instructed on behalf of Treasury Solicitor in High Court proceedings relating to bona vacantia following dissolution of a foreign company. Trial listed for November 2021.
  • Gibson v New [2021] EWHC 1811 (QB). Sole counsel, acting pro bono, for the respondents in an appeal relating to a residential boundary dispute. Mr Justice Murray dismissed the appeal on all grounds, holding that the appellants were bound by the results of an expert determination, and upholding an award of pro bono costs on an indemnity basis. The appeal covered a wide range of issues of civil procedure, land law, mediation and expert determination.

Overview

Ted has engaged with a range of public and private law issues during placement as a judicial assistant at the Supreme Court, including on R (Miller) v Prime Minister [2019] UKSC 41. He has prepared advice on various issues of administrative law as part of a secondment to the Charity Commission

Notable Cases

Overview

Ted passionately believes in improving access to justice. He is a volunteer at the South Westminster Legal Advice Centre and acts on a voluntary basis through the Bar Pro Bono Unit, law centres and the Chancery Bar Litigants in Person Scheme (CLIPS).

Notable Cases

  • Mortimer Whittaker O'Sullivan Ltd (in liquidation) v Mark Hurst (CR-2019-005292). Claim against a former employee under s.423 of the Insolvency Act 1986 in connection with employee benefit trusts. Instructed by South Westminster Legal Advice Centre.
  • Gibson v New [2021] EWHC 1811 (QB). Sole counsel, acting pro bono, in an appeal relating to a residential boundary dispute. Ted was introduced to this case at an early stage in the capacity as a volunteer for Advocate (formerly the Bar Pro Bono Unit). The appeal included consideration of pro bono costs orders in favour of the Access to Justice Foundation under section 194 of the Legal Services Act 2007.
  • Chevalier-Firescu v Ashfords LLP [2021] 1 WLUK 434. Successfully challenged an indemnity costs clause in a solicitor’s retainer under the Consumer Rights Act 2015. The respondent firm of solicitors had sued a former client for unpaid fees and recovered £3,848. At first instance, the district judge also awarded £3,080 in costs, relying on a clause in the solicitors’ retainer which he considered to override the ordinary “no costs” rule which applies to small claims. As a volunteer at South Westminster Legal Advice Centre, Ted recognised that the appellant could rely on the Consumer Rights Act 2015 and represented her at the appeal hearing. Recorder Cohen struck down the clause, holding that it was “abnormal” and “contravened the principles of good faith”, and setting aside the order to pay costs.

Memberships

  • Chancery Bar Association
  • COMBAR
  • Administrative Law Bar Association
  • Charity Law Association

Qualifications

  • BPTC, University of Law: Outstanding (2016)
  • BA, Law and History, Gonville and Caius College, Cambridge: Double First (2015)

Awards

  • Poland Prize and Exhibition (Inner Temple, 2015)
  • President’s Award (University of Law, 2015)
  • Conference Prize (University of Law, 2015)
  • W.M. Tapp Scholarship (Gonville and Caius College, 2015)
  • Falcon Chambers Prize for Land Law (University of Cambridge, 2014)
  • Senior Scholarship (Gonville and Caius College, 2014)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Ted Loveday

Call: 2016

Overview

Ted has a busy practice spanning all areas of Chambers’ work. He is regularly instructed, both individually and as part of a counsel team, in important commercial, companies, insolvency and charities litigation.

Ted graduated from the University of Cambridge with a double first in Law and History and passed his Bar exams graded “Outstanding” aged 22. He joined Maitland in 2017. In 2019-2020 he served as a Judicial Assistant to Lord Briggs of Westbourne at the Supreme Court of the United Kingdom. He is regularly praised by solicitors and clients for his high standards of service, accessible manner and track record of successful advocacy.

Before coming to the Bar, Ted read Law and History at Gonville and Caius College, Cambridge, where he served as a senior officer of the Cambridge Union Society and was part of the winning team in the 2015 series of BBC2’s University Challenge. During his year studying the BPTC, he taught debating skills to prisoners in HMP Brixton and HMP Wormwood Scrubs as part of Gray’s Inn’s Vocalise programme. He also acted as a representative in the Social Security and Child Support Tribunal through the Free Representation Unit. Ted was named Britain’s most influential law student by the website Legal Cheek in 2016.

Terms of instruction

Unless agreed otherwise in writing, Ted will be acting on The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Memberships

  • Chancery Bar Association
  • COMBAR
  • Administrative Law Bar Association
  • Charity Law Association

Qualifications

  • BPTC, University of Law: Outstanding (2016)
  • BA, Law and History, Gonville and Caius College, Cambridge: Double First (2015)

Awards

  • Poland Prize and Exhibition (Inner Temple, 2015)
  • President’s Award (University of Law, 2015)
  • Conference Prize (University of Law, 2015)
  • W.M. Tapp Scholarship (Gonville and Caius College, 2015)
  • Falcon Chambers Prize for Land Law (University of Cambridge, 2014)
  • Senior Scholarship (Gonville and Caius College, 2014)

Commercial Disputes

Ted regularly acts as advocate in all manner of commercial, civil fraud and contract disputes in the High Court (Business and Property Courts, including the Chancery Division and the Commercial Court). He is regularly involved in heavy and high-value litigation although is happy to take cases at all stages and all levels

  • Various Claimants v Nationwide Corporate Finance Ltd and others (BL-2019-BRS-000010). Acting in long-running claims on behalf of members of the National Farmers’ Union for mis-selling of financial products against Nationwide Corporate Finance/Bluerock Secured Finance Ltd and Close Brothers Ltd. Instructed by Esther Woolford and Laura Mackain-Bremner of Clarke Willmott LLP.
  • Active Media Services Inc v Burmester Duncker and Joly GmbH & Co KG [2021] EWHC 232 (Comm) (costs judgment at [2021] EWHC 352 (Comm)). Successfully defended a Commercial Court claim worth over $3 million in connection with a completion guarantee for a Christmas-themed film (led by Edmund Cullen KC). The case raised issues relating to estoppel, fraud and destruction of evidence.
  • Suppipat v Narongej [2020] EWHC 3191 (Comm). Instructed as part of the counsel team for five of the defendants in a fraud claim for an estimated US$1.2 billion.
  • FundingSecure Ltd v Green [2019] EWHC 208 (Ch). Involved in long-running fraud and associated contempt of court proceedings on behalf of a peer-to-peer lender.

Insolvency & Restructuring

Ted regularly acts for both debtors and creditors on winding-up petitions, applications for validation orders, bankruptcy petitions and other proceedings under the Insolvency Act 1986

  • Mortimer Whittaker O'Sullivan Ltd (in liquidation) v Mark Hurst (CR-2019-005292). Assisted former employee of an advertising company with the defence of claims under s.423 of the Insolvency Act 1986 in connection with employee benefit trusts. Instructed by South Westminster Legal Advice Centre.

Company, Partnerships & LLPs

Ted represents and advises clients in companies, partnership and LLP disputes. He is experienced in a range of proceedings under the Companies Act 2006 (including unfair prejudice petitions, derivative claims, misfeasance claims and applications for late registration of company charges) and the Company Directors Disqualification Act 1986 Re removal from LLPs (2022). Advising on issues arising out of removal of several members from a publicly listed group of professional services companies and LLPs on grounds of alleged poor performance. 

  • TMO Renewables Ltd v Yeo and others [2021] EWHC 2033 (Ch). Successfully defended £39m claim for breach of fiduciary duty against the former directors and an adviser to the Board of a renewable energy company. The claim was dismissed following a 4-week trial in March 2021. Led by Matthew Collings KC and instructed by Sarah Rees and Conor Daly of Blake Morgan LLP.
  • Trident Nominees (IOM) Ltd others v Shaftesbury Properties Ltd and others (PT-2020-000535). Instructed on behalf of Treasury Solicitor in High Court proceedings relating to bona vacantia following dissolution of a foreign company. Trial listed for November 2021.
  • Melford v Wingfield Digby (2021). Junior counsel in an ongoing LLP/partnership dispute including a claim for misuse of confidential information in the High Court.
  • TMO Renewables Ltd v Yeo and others (2019-2021). Junior counsel for two of the defendants in a £36+ million claim for breach of fiduciary duty against the former directors and an adviser to the Board of a renewable energy company. A heavy 4-week trial took place in March 2021 and judgment is awaited

Charities

Ted has a strong interest in charities law. In 2019 he worked in the Legal Policy team at the Charity Commission of England and Wales as part of a secondment, advising the Commission on a range of topics relating to the regulation of charities. He has also been instructed in connection with various other matters relating to charities and charitable status, including business rates disputes in the Magistrates’ Court and challenges to registration decisions by the Commission. During pupillage he was supervised by Matthew Smith and gained a good grounding in the area.

Ted regularly acts for and advises charities, trustees, school governors and directors on governance issues, fiduciary duties, regulation and property matters.

  • Mermaids v Charity Commission for England and Wales (CA.2021.0013). Instructed in Mermaids’ appeal to the First-tier Tribunal against the registration of LGB Alliance as a charity. The case is crowdfunded by the Good Law Project.
  • Lehtimäki v Cooper [2020] UKSC 33. Ted was Judicial Assistant to Lord Briggs of Westbourne in the course of the hearing of this case, one of the most important charity law decisions in the history of the Supreme Court.

Media & Entertainment

Ted advises and represents clients across the music, theatre and film industries, with a focus on commercial, company and insolvency issues that they face. He also has experience in helping arts organisations to navigate charity law and other governance requirements.

Real Estate

Ted regularly acts unled in possession proceedings in the County Court. He acts in other property-related disputes such as trespass, boundary disputes, the enforcement of easements, breaches of covenants and service charges. He was instructed with Amanda Tipples QC (now Mrs Justice Tipples) and James Kinman in a long-running partnership dispute in the Central London County Court concerning ownership of a property in central London and raising complicated issues of civil procedure. He also advises in disputes relating to joint ventures and the informal creation of equitable interests, both in a business and a residential context. Ted regularly advises on landlord and tenant and housing-related issues as a volunteer at South Westminster Legal Advice Centre

  • Trident Nominees (IOM) Ltd others v Shaftesbury Properties Ltd and others (PT-2020-000535). Instructed on behalf of Treasury Solicitor in High Court proceedings relating to bona vacantia following dissolution of a foreign company. Trial listed for November 2021.
  • Gibson v New [2021] EWHC 1811 (QB). Sole counsel, acting pro bono, for the respondents in an appeal relating to a residential boundary dispute. Mr Justice Murray dismissed the appeal on all grounds, holding that the appellants were bound by the results of an expert determination, and upholding an award of pro bono costs on an indemnity basis. The appeal covered a wide range of issues of civil procedure, land law, mediation and expert determination.

Public Law

Ted has engaged with a range of public and private law issues during placement as a judicial assistant at the Supreme Court, including on R (Miller) v Prime Minister [2019] UKSC 41. He has prepared advice on various issues of administrative law as part of a secondment to the Charity Commission

Pro Bono

Ted passionately believes in improving access to justice. He is a volunteer at the South Westminster Legal Advice Centre and acts on a voluntary basis through the Bar Pro Bono Unit, law centres and the Chancery Bar Litigants in Person Scheme (CLIPS).

  • Mortimer Whittaker O'Sullivan Ltd (in liquidation) v Mark Hurst (CR-2019-005292). Claim against a former employee under s.423 of the Insolvency Act 1986 in connection with employee benefit trusts. Instructed by South Westminster Legal Advice Centre.
  • Gibson v New [2021] EWHC 1811 (QB). Sole counsel, acting pro bono, in an appeal relating to a residential boundary dispute. Ted was introduced to this case at an early stage in the capacity as a volunteer for Advocate (formerly the Bar Pro Bono Unit). The appeal included consideration of pro bono costs orders in favour of the Access to Justice Foundation under section 194 of the Legal Services Act 2007.
  • Chevalier-Firescu v Ashfords LLP [2021] 1 WLUK 434. Successfully challenged an indemnity costs clause in a solicitor’s retainer under the Consumer Rights Act 2015. The respondent firm of solicitors had sued a former client for unpaid fees and recovered £3,848. At first instance, the district judge also awarded £3,080 in costs, relying on a clause in the solicitors’ retainer which he considered to override the ordinary “no costs” rule which applies to small claims. As a volunteer at South Westminster Legal Advice Centre, Ted recognised that the appellant could rely on the Consumer Rights Act 2015 and represented her at the appeal hearing. Recorder Cohen struck down the clause, holding that it was “abnormal” and “contravened the principles of good faith”, and setting aside the order to pay costs.