Stephen has a general common law practice and is instructed across the court and tribunal system in England and Wales.
Stephen is licensed to accept instructions on a direct access basis.
Stephen Willmer has been instructed in a wide variety of County and High court matters, as well as in the Land and Ofsted tribunals. But his practice has evolved to focus particularly on advice and representation in cases involving real and personal property.
Stephen’s experience is that it is frequently impossible to draw hard and fast distinctions between ostensibly different areas of law because it is so often true that a query over, for instance, partnership assets, testamentary disposition or lessee’s rights strays into questions such as harassment or fraud. As a result, whilst his practice focuses on disputes arising out of the law of trusts and contracts, testamentary disposition and insolvency, he is experienced in dealing with frequent overlaps into areas of tort such as nuisance, negligence, harassment and conversion.
Stephen’s preferred approach is to try to get under the skin of a case early on, in the belief that this will save costs and prevent client misery further down the road. His advice is candid but courteous and he likes to think his advocacy follows the same pattern. Where appropriate he has been known to devote significant time to trying to persuade clients not to get involved with the legal system but is a firm believer in the dictum that ‘forewarned is forearmed’ – in other words, if advice is needed then it is best sought early.
Stephen read history at King’s College London and then political science at the London School of Economics, and had a short stint in the City before changing his career path and retraining for a career at the Bar.
Re. A&B – application under s.127 of the Insolvency Act, in the Chancery Division of the High Court, to unfreeze company bank accounts.
Re. C – advice on a commercial agency agreement.
Re. D – drafting a commercial licence.
Re. E – advice in a contentious probate claim in which fraud and undue influence were suspected.
F & G -v- H – advice and representation in a familial partnership dispute in which a constructive trust also was pleaded.
I -v- J – advice and representation in a dispute over a photocopier lease agreement.
K -v- L – advice in a dispute over a commercial agency agreement.
M -v- N – representation in a dispute over the enforceability of a personal guarantee.
O -v- P – advice in a dispute over a building contract.
Re. Q – advice and representation under s. 10A of the Proceeds of Crime Act on behalf of an interested party asserting equitable rights over property likely subject to confiscation.
Re. R – representation in a case involving the Official Receiver’s demand for its costs of an application it had discontinued.
S -v- T – advice giving rise to settlement shortly before trial in a complex and lengthy contractual dispute.
U -v- V & W – drafting pleadings and representation in a claim arising out the Trusts of Land & Appointment of Trustees Act.
X -v- Y – advice in a contractual dispute arising out of the law of commercial agency.
Z -v- A – drafting and representation in an application for an ex parte injunction arising out of the dissolution of a partnership, where the injunction effectively disposed of the claim.
B -v- C – advice in a potential claim arising out of a commercial construction contract.
Re. D – advice and representation in a contentious probate claim pleading undue influence.
E -v- F – drafting and representation in a case involving unlawful eviction.
G -v- H – drafting in a Part 8 claim arising out of the terms of an express trust dealing with the correct apportionment of trust property income.
Re. I – advice in a case arising out of personal bankruptcy, with the added complication of a General Civil Restraint Order.
J -v- K – representation in a harassment claim arising out of online threats.
L -v- M – advice in a potential claim arising out of a multi-jurisdictional mining contract.
Re. N – advice and representation in a case of bankruptcy following the signing of a subsequently embarrassing consent order.
O -v- P – representation at trial in a neighbour boundary dispute will elements of harassment.
Re. Q & R – representation in conjoined cases involving claims emanating from personal guarantees provided by company directors.
S -v- T & three others – advice and representation in an application to commit to prison for contempt of court.
Re. U – advice in a case involving an apparently fraudulently obtained grant of probate.
V -v- W – application for an injunction due to utility construction works.
X -v- Y – representation at trial in a dispute over a commercial agreement involving a landlord and his agent.
Z -v- A – representation in a neighbour boundary dispute.
A -v- B – representation at trial in a landlord/tenant dispute involving allegations of unlawful eviction and harassment.
Re. C – advice in a claim under the Inheritance (Provision for family and dependants) Act.
Re. D – application the High Court under s. 236 of the Insolvency Act regarding disclosure by company liquidators.
In criminal matters, Stephen has in recent years focused on road traffic cases and continues to accept instructions in matters involving allegations of violence, among others.
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