Edward Risso-Gill

Called:1998 Inner Temple

Specialisms:Arbitration, Commercial, Direct Public Access, Professional Negligence, Property, Public & Human Rights

EDUCATION/QUALIFICATIONS

 

Eton College

University College Oxford, (BA Modern History)

City University CPE Diploma in Law

 

French and Spanish speaker

 

 

PRACTICE

 

Property, Commercial Law, Professional Negligence, Regulatory and Disciplinary Law, Administrative and Public Law, International Arbitration.

 

 

EXPERIENCE

 

Property

 

Edward Risso-Gill has expertise in a broad range of property-related work, including commercial landlord and tenant, property-related professional negligence and insolvency. He appeared in several property-related appeals in the Judicial Committee of the Privy Council.

 

Edward’s practice covers the following core areas:

 

• Landlord and tenant (residential and commercial);
• Leasehold enfranchisement;
• Mortgages and charges;
• Easements and boundaries;
• Restrictive covenants;
• Conveyancing;
• Equitable proprietary remedies;
• Co-ownership and trusts of land;
• Property-related professional negligence;
• Property-related insolvency.

 

Landlord and Tenant The majority of Edward’s landlord and tenant work  involves commercial leases, including central London high street lease renewals with well known national multiple lessees.

 

Covenants Edward's recent experience includes dealing with an attempt to enforce the burden of a positive covenant against freehold successors-in-title, and assessing the effect of an historic restrictive covenant in the context of compulsory purchase.

 

Conveyancing He has particular expertise in dealing with claims for damages following the breach of conveyancing contracts and collapsed conveyancing chains.

 

Property-related Professional Negligence He is currently instructed before the Chancery Division in a substantial group claim against solicitors by 214 buyers and lenders in Mediterranean property developments for professional negligence, breach of trust, and breach of contractual duties as escrow agents by failing to provide the promised security for the funds advanced in purchases and loans.

 

Other Related Areas of Practice Edward appeared before the Judicial Committee of the Privy Council in an appeal which concerned the interface between public and private law in relation to the termination of leases. Previous experience includes appearing for the Government of Mauritius in a leading Mauritian property case concerning the proper construction of a ‘bail permanent’ (permanent lease) granted by the colonial government in 1901 (Raphael Fishing Company v State of Mauritius & Anor [2008] UKPC 43).

 

Commercial Law & Professional Negligence

 

Edward has appeared in cases involving company law, partnership and shareholder disputes, bills of exchange, financial services, Community customs duties and commercial fraud. His experience is derived from both criminal and civil litigation.

 

He has dealt with a substantial claim against solicitors for negligent advice on the investment structures of an English public company and their compliance with financial services regulation. 

 

He appeared before the Commercial Court in a significant insurance coverage dispute arising out of the group claim noted above. (AIG Europe Ltd v OC320301 LLP [2015] EWHC 2398 (Comm); [2016] Lloyd's Rep. I.R. 147) and in the recent appeals to the Court of Appeal and the Supreme Court ([2016] EWCA Civ 367 [2017] 1 All E.R. 143; [2016] Lloyd’s Rep. I.R.289 and [2017] UKSC 18; [2017] 1 W.L.R. 1168). These are the first decisions on the construction of the aggregation clause in the Law Society's Minimum Terms and Conditions for the provision of professional indemnity insurance to solicitors.

 

Regulatory and Disciplinary Law

 

Edward has had experience of a variety of regulatory and disciplinary cases, including regulatory proceedings under FSMA and sporting and professional disciplinary actions. He also has expertise in dealing with private law claims brought following regulatory infringement.

 

Administrative and Public Law

 

Edward’s experience includes cases involving the regulation and internal governance of professional associations, licensing, prisoners and housing. He appeared for the Government before the Judicial Committee of the Privy Council in a judicial review of a decision of the Mauritian Health Ministry. He also appeared for widowers claiming discrimination in the award of bereavement benefit in the English High Court and subsequently on appeal up to and including in the House of Lords (R (Hooper & Others) v Secretary of State for Work and Pensions [2005] UKHL 29; [2005] 1 WLR 1681).

 

He has, in addition, advised a Commonwealth government in a dispute involving public and planning law, which includes claims for compensation for the alleged expropriation of property as a result of the designation of land as a World Heritage Site.

 

International Arbitration

 

Edward accepts instructions in international arbitration, a field in which he has a growing interest. He advised in a substantial ICSID dispute. He recently gave a talk to the Female Fraud Forum on the impact of the UK Bribery Act 2010 in the field of international arbitration.

 

Criminal Law

 

Edward has dealt with proceeds of crime and money laundering litigation in both the civil and criminal courts and is well placed to advise on related issues arising in his other areas of civil practice. His previous practice in the criminal courts gave him substantial advocacy experience. It involved a high proportion of complex and serious financial crime. He appeared in cases involving the evasion of Community customs duty, multi-handed insurance fraud and the execution of bills of exchange.

 

Privy Council

 

Over the last 9 years Edward has appeared regularly before the Judicial Committee of the Privy Council in both civil and criminal appeals and has expertise in dealing with the Napoleonic Code and related jurisprudence.

 

 

REPORTED CASES

 

  • Westminster City Council v McDonald [2003] EWHC 2698 (Admin) [2005] Env LR 1
  • R (Hooper & Others) v Secretary of State for Work and Pensions [2005] UKHL 29, [2005] 1 WLR 1681, [2003] EWCA Civ 813, [2003] 1 WLR 2623; [2002] EWHC 191 (Admin), [2002] UKHRR 785 (led by Geoffrey Cox QC)
  • Gujadhur & Ors v. Gujadhur & Anor (Mauritius ) [2007] UKPC 54 (led by Geoffrey Cox QC)
  • Raphael Fishing Company v State of Mauritius & Anor [2008] UKPC 43 (led by Geoffrey Cox QC)
  • Gokool & ors v Permanent Secretary of the Ministry of Health & Anor [2008] UKPC 54 (led by Geoffrey Cox QC)
  • Hill v Department of Business Innovation and Skills [2011] EWHC 3436 (Admin) [2012] BCC 151
  • Celine v State of Mauritius [2012] UKPC 32, [2012] 1 WLR 3707
  • Beezadhur v The Independent Commission against Corruption [2014] UKPC 27 (2014) 158(34) S.J.L..B. 37 (led by Geoffrey Cox QC)
  • Rainbow Insurance Co Ltd v Financial Services Commission [2015] UKPC 15; [2016] 1 B.C.L.C. 273 (led by Geoffrey Cox QC)
  • AIG Europe Ltd v OC320301 LLP [2015] EWHC 2398 (Comm); [2016] Lloyd's Rep. I.R. 147
  • AIG Europe Ltd v OC320301 LLP [2016] EWCA Civ 367; [2017] 1 All E.R. 143; [2016] Lloyd’s Rep. I.R. 289
  • AIG Europe Ltd v OC320301 LLP [2017] UKSC 18; [2017] 1 W.L.R 1168

 

 

PUBLICATIONS

 

'Value Judgment’ Estates Gazette 13 June 2009, p88 (an examination of the Wroth v Tyler principle in the assessment of damages for failure to complete on a conveyance)

 

‘Home Truths’ Estates Gazette 10 July 2010, p.76 (anticipating the new avenue of defence opened up by the decision of the Supreme Court in Manchester City Corporation v Pinnock for Hammersmith v Monk , joint tenancy/notice to quit cases)

 

 

MEMBERSHIPS

 

Property Bar Association

 

British Spanish Law Association (Treasurer) 

 

INTERESTS

 

Medieval Churches, Military History