Home > Barristers > Francis Moraes

Francis Moraes

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

Francis has a commercial Chancery practice with an emphasis on litigation specialising in contentious property, insolvency, company, partnerships and professional negligence.

He has extensive experience in the field of real property disputes, resulting and constructive trusts, mortgages, boundary disputes, contentious probate, commercial leases (including rent reviews, consents to assign and termination of leases), and the Inheritance Act 1975.

Francis is an experienced insolvency litigator in both the corporate and personal field, though he principally acts for liquidators and trustees. He was Counsel instructed in the first administration of a firm of solicitors and in the first successful administration of an underwriting agency.

His has expertise in handling professional negligence cases arising from property and commercial transactions.

A significant part of his practice includes advising in the fields of partnerships; commercial agreements; and directors’ duties, company and shareholder issues.

Francis accepts instructions via the Direct Professional Access/Licensed Accessed procedure and he is a member of the Pro Bono Unit. In August 2004, he was granted a temporary advocate’s licence to act on the Isle of Man.

  • Professional reputation

    Francis is listed in the Legal 500 in the category of property litigation, which notes that he is "much appreciated by clients for his user-friendly approach and commercial advice". He is listed in the Legal 500 as a leading junior in insolvency.

  • Notable recent cases

    Francis’ recent cases include:

    • Sillett v Meek [2007] EWHC 1169 (Ch) (Claim relating to the beneficial ownership of a Jersey bank account transferred into joint names: was there donative intention on the part of the transferor)
    • Lexi Holdings plc v Garth Scott Stainforth [2006] EWCA Civ 988 (Interpretation of contracts and the contra proferentem rule)
    • Sharif v Sadiq [2004] All ER (D) 254 (Contract for the sale of land - formalities)
    • Daniels v Thompson [2004] EWCA Civ 307 (Professional negligence – Solicitors)
    • Royal Bank of Scotland Commercial Services Limited v Patel [2003] EWHC 3413 (Ch) (Breach of director’s duties)
    • McNicholas Construction (Holdings) Limited v Endemol UK plc [2003] EWHC 2472 (Ch) (Land contract concerning the ‘Fame Academy’)
    • Tannu v Moosajee [2003] EWCA Civ 815 (Issue estoppel)
    • Re: Asset Visions Limited [2003] EWHC 756 (Ch) (Validity of receiver’s appointment)
    • Abbey Life Assurance Co Limited v Yeap 11 May 2001 CA (Commercial Agents’ Directive)
    • Conrad Riblat v Jil Sanders 24 April 2001 (Part 36 of the CPR)
    • Plender v Hyams [2001] 2 All ER 179 (Court of Appeal: Guidance on the then new procedure on appeals to the High Court)
    • The Mayor & Burgesses of the London Borough of Hounslow v Minchinton 74 P&CR 221 CA (adverse possession)

     

  • Professional memberships

    • Chancery Bar Association
    • Property Bar Association
    • Professional Negligence Bar Association

  • Professional appointments

    Francis sits as a Deputy High Court Master assigned to the Chancery Division.

  • Seminars and lectures

    Francis lectures on all aspects of his practice. Recent talks include:

    • The Companies Act 2006 (Part 2) – ‘Update’
    • The Companies Act 2006 (Part 1) – ‘What's New’
    • Termination of Tenancies for Tenant Default
    • Inheritance (Provision for Family and Dependants) Act 1975
    • Adverse Possession and the HRA
    • Legal Professional Privilege
    • Renewal of Business Tenancies
    • Enforcement and Insolvency
    • Equitable Interests