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Constance McDonnell

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

Constance has a traditional Chancery practice specialising in contentious probate, trust disputes, 1975 Act claims, administration of estates, and removal of personal representatives.

Her practice also includes constructive trusts and proprietary estoppel, Court of Protection work, professional negligence, real property, landlord & tenant and insolvency.

She has appeared at first instance and on appeal in the Turks and Caicos Islands.

  • Professional Reputation

    Constance is recommended as a Leading Junior (Band 3) in the field of Traditional Chancery by Chambers & Partners Guide to the Legal Profession (2010): ‘Solicitors praise Constance McDonnell as "one of the best advocates we've instructed; she presents well, maintains simple and focused arguments, and remains hands-on rather than at arm's length." Her traditional chancery practice has a specialist focus on real property, trusts and probate'.

    Constance was recommended as a Leading Junior (Band 3) in Chambers & Partners (2009) in which she was described as ‘forthright, incisive and not easily intimidated'.  She was also recommended as a Leading Junior in Chambers & Partners in 2008 and 2007 in which she was described as ‘exceptionally intelligent' and one ‘whom clients are confident about instructing on substantial matters as she always rises to the occasion'.

    Constance was selected as one of Management Today's 2010 list of '35 Women under 35', published on 2 July 2010.

  • Reported Cases

    • Devas v MacKay [2009] EWHC 1951 (Ch), [2009] All ER (D) 09 (Aug).  Constance acted for the successful claimants in proceedings to set aside a will purportedly made by their mother in favour of her carer's son.
    • Knight v Edonya [2009] EWHC 2181 (Ch).  Constance acted for the successful claimant in proceedings to prove her stepfather's will.
    • Sinclair v Sinclair [2009] EWHC 926 (Ch), [2009] All ER (D) 17 (May).  Constance acted for the trustees of a family trust in a claim arising out of various breaches of trust by a constructive trustee, involving issues as to his liability to account and whether he could rely upon proprietary estoppel.
    • Raymond Saul & Co (a firm) v Holden [2009] Ch 313, [2009] BPIR 50.  Constance acted for a successful trustee in bankruptcy on the issue as to whether the residue of the bankrupt's mother's estate was payable to the trustee in bankruptcy.
    • Caudle v LD Law Ltd [2008] 1 WLR 1540, (2008) 11 ITELR 882.  Constance acted for the successful Defendant on an appeal as to whether a prospective Administrator of a deceased's estate had locus standi to claim assets of the estate.
    • Heyman and another v Dobson and another [2007] All ER (D) 275 (Dec): removal of personal representative and costs.
    • Ustimenko v Prescot Management Company Ltd [2007] EWHC 1853 (QB); [2007] All ER (D) 48 (Aug): summary judgment in landlord & tenant dispute, civil restraint order
    • Cadlock v Aboagye [2006] All ER (D) 170 (Dec): bankruptcy appeal.
    • Bonham v Blake Lapthorn Linnell [2006] All ER (D) 164 (Oct): breach of trust and solicitors' negligence
    • Evans v HSBC Trust Company (UK) Ltd [2005] WTLR 1289.  Constance acted for the successful claimants in a proprietary estoppel claim against the estate of their friend and neighbour.
    • Cox v Jones [2004] 2 FLR 1010: constructive trust claim between cohabitees.
    • Khiaban v Beard [2003] 1 WLR 1626.  Constance acted for the successful appellant in a ‘leapfrog' appeal to the Court of Appeal on the issue as to whether the Court could require a claimant to increase value of his claim.
    • Re OT Computers Ltd [2003] All ER (D) 144 (Oct). application for disclosure of policy under Third Parties (Rights against Insurers) Act 1930,
    • Carapeto v Good [2002] WTLR 801.   Constance acted for the successful claimant in proceedings to propound a will made in her favour.

  • Professional Membership

    Chancery Bar Association

    ACTAPS

    STEP

  • Education

    Having attended St Paul's Girls' School, Constance read Classics at Oriel College, Oxford, before coming to the Bar.

  • Seminars and Publications

    Constance regularly presents a 5-hour seminar on ‘Current issues in Contentious Probate' for Central Law Training in venues around England & Wales. 

    She has also recently presented seminars on costs issues in both contentious probate and contentious trusts disputes. 

    Constance has presented seminars for STEP on ‘Perils and pitfalls in cohabitation disputes', and on ‘Orphan and unclaimed assets' focussing on the legality of heir-locators' contingency fees, on which she also published an article in the STEP Journal (Nov/Dec 2009) and in Private Client Business (2005) No.5 pp. 293-298 (co-authored with Richard Wilson).  She has recently published articles in the Trust Quarterly Review February 2010 on Costs in Trusts Litigation, and in LegalWeek in April 2010 on developments in the Hastings-Bass rule.