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Gilead Cooper QC

e-mail gcooper@3sb.law.co.uk

Gilead specialises in contentious property and trusts, Chancery and commercial litigation, partnership, and professional negligence. He also has a particular interest in cases involving Cultural Property.

A highly experienced litigator, Gilead has appeared in some of the most high-profile trust and probate cases in recent years, involving claims against trustees, executors, company directors and partners for breaches of fiduciary duty and civil fraud. Most recently, he acted for Robin Birley in his claim against the estate of the late Mark Birley, the proprietor of Annabel’s and other well-known London clubs. In Jones v Firkin-Flood (2008) he acted for the beneficiaries of a will trust in removing trustees and blocking their resolution to distribute the fund.

Other notable cases have covered a diverse range of issues and types of subject-matter: the effect of the Rule in Hastings-Bass, the construction of share option agreements, the application of sex discrimination to pension entitlements, and the revocability of a Power of Attorney granted for the purpose of pursuing claims in Germany for War reparations. He also acted for the Tasmanian Aboriginal Centre in a dispute over some human remains that formed part of the collection of the Natural History Museum.

Gilead’s experience includes appearances in the Court of Protection and the Employment Tribunals.

  • Notable recent cases

    Gilead’s recent cases include:

    • Re Servoz-Gavin, Deceased [2010] 1 All ER 410.  Nuncupative Wills: Validity of an oral will made by a merchant seaman in service with a foreign vessel. 
    • Jones v Firkin-Flood [2008] EWHC 2417 (Ch).  Removal of trustees for breaches of duty including failure to supervise business assets controlled by the trust.
    • Stuart v Goldberg Linde [2008] WLR 823.  Court of Appeal guidelines on the rule in Henderson v Henderson. Neither the merits of the second action, nor delay in starting it, are relevant factors in deciding whether it is an abuse of process to bring separate proceedings.
    • Schoyen v UCL.  A case concerning disputed antiquities.
    • Trustees of the Natural History Museum v Tasmanian Aboriginal Centre.  A dispute about a collection of human remains in the custody of the Natural History Museum.
    • Sharp v Adam [2006] WTLR 1059 (Court of Appeal).  Testamentary capacity of testator with advanced multiple sclerosis.
    • Re Horley Football Club [2006] WTLR 1817.  Validity of gift to unincorporated association. Construction of rules of amateur football club.
    • Humblestone v Martin Tolhurst Partnership [2004] P.N.L.R. 26, The Times, 27 February 2004, [2004] EWCH 151 (Ch). Claim by disappointed beneficiary against solicitors where testator failed to sign will.
    • Jones v Cameron Management Ltd [2004] All ER (D) 487.  Claim for rectification of Land Register. Successful appeal against strike-out of the action on Henderson v Henderson grounds.
    • Abacus Trust (Isle of Man) Co v Barr [2003] Ch 409, [2003] EWCH 114 (Ch).  Application of the Rule in Hastings-Bass.
    • Schindler v Brie [2003] WTLR 1361, [2003] EWCH 1804 (Ch).  Power of attorney granted to pursue claim in Germany for War reparations; whether power was revocable; whether claimant should continue as personal representative.
    • Padgham v Rochelle [2002] WTLR 1483, [2002] All ER (D) 05.  Agricultural tenancy. Costs of executor adopting a neutral role in the proceedings.
    • Winsper v Perrett [2002] WTLR 927.  Whether property held on beneficial joint tenancy or tenancy in common.
    • Gloyne v Richardson [2001] 2 BCLC 669, [2001] EWCA Civ 716 (Court of Appeal).  Construction of share option agreement.
    • Gloyne v Richardson [2002] All ER (D) 447, [2002] EWCA Civ 1980.  Strike-out of claim against solicitor who had failed to serve proper notice under share option agreement.
    • Kenny v Isaacs [2001] All ER (D) 369 (Court of Appeal).  Role of executor in challenge to will on grounds of testamentary capacity.
    • Ebert v Venvil [2000] Ch. 484 (Court of Appeal).  Jurisdiction of the High Court to make an order prohibiting a litigant from issuing vexatious proceedings.
    • Bristol & West v Baden, Barnes and Groves [2000] Lloyd’s Rep PN 788.  Solicitor under no obligation to disclose confidential information obtained under previous retainer.
    • Summit Property v Pitmans [2000] All ER (D) 1226.  Solicitors’ duty to two clients when a conflict of interest arises; one client wishing to exploit confidential information belonging to the other.
    • Summit Property v Pitmans [2001] Lloyd's Rep PN 16 (Court of Appeal).  Defendant successfully defending claim but ordered to contribute to loser’s costs.
    • Raybould v Jameson [2000] All ER (D) 1679.  Solicitor failing to advise client of risk of committing blackmail.
    • In re Hughes, The Times, 8 January 1999.  Validity of a statutory will.
    • Waddington v Waddington [1999] All ER (D) 557.  Selection of gift under terms of will.
    • Turner v Plasplugs Ltd [1996] 2 All ER 939 (Court of Appeal).  Liability of legally aided party to order for costs.
    • Wapshott v Davies Donovan (1996) 72 P & CR 244 (Court of Appeal).  Measure of damages in claim against negligent solicitors.
    • Hemmens v Wilson Browne [1995] Ch 223.  Liability of solicitor to non-client third party in inter vivos transaction.
    • Re Moonbeam Cards Ltd [1993] BCLC 1099.  Directors’ disqualification.
    • Moore v Khan-Ghauri [1991] 2 EGLR 9 (Court of Appeal). Contract for sale of land by auction.

  • Professional membership

    • Chancery Bar Association
    • Association of Pension Lawyers
    • Professional Negligence Bar Association
    • ACTAPS

  • Publications and articles

    • Contributor to Palmer on Bailment (due for publication in 2009)
    • Contributor to Tolley’s Pensions Law
    • “How (not) to get rich on the Internet”; (1999) NLJ
    • “Negligent Valuation: Damages”; (1995) Int. I.L.R.
    • “Negligence – the Surveyor and the Mortgagee”; (1991) E.G.

  • Career

    Gilead practised as a litigation solicitor at Freshfields before coming to the Bar.

    He is an CEDR Accredited Mediator

  • Seminars and lectures

    Gilead is a frequent lecturer, both in the UK and overseas. He regularly speaks at conferences hosted by the Institute of Art and Law, as well as events organised by Chambers.

    Recent talks include:

    • Legal Week Trusts and Estates Litigation Forum 2009: “Expert Evidence in Trust and Probate Cases”;
    • IAL Conference: “Ethical Codes of Practice”;
    • IAL Conference: “Anti-Seizure Laws and the European Convention on Human Rights”;
    • IAL Conference: “Kurtha v Marks”; – Limitation periods in Conversion
    • Farrer & Co Conference on Export Licenses for Cultural Goods:  “Reynolds’ ‘Omai’”;
    • 3 Stone Buildings Seminar in the BVI: “Professionals’ disclosure obligations under the Money Laundering Regulations”;