Oliver Mitchell

Practice Areas

With a wide-ranging probate and trusts practice, Oliver has extensive experience in will validity, both substantive (testamentary capacity; knowledge and approval; undue influence and fraudulent calumny) and formal, and has been instructed on numerous claims and proposed claims under the Inheritance (Provision for Family and Dependants) Act 1975. Oliver is also regularly instructed to act for clients seeking to bring or resist challenges to executors, administrators, trustees and attorneys, and in respect of uncertainties over the construction and operation of wills and trusts.

Oliver is also highly familiar with beneficial ownership/co-ownership disputes (constructive trust and proprietary estoppel), in respect of which he has again been widely instructed.

In his real property practice, Oliver’s wide knowledge of property litigation includes easements (including the troublesome question of easements of parking), boundary disputes and nuisance. Oliver has a particular specialism in respect of water rights and nuisance and disputes concerning pipes and sewers, and naturally also accepts instructions in respect of landlord and tenant matters, both commercial and residential, including enfranchisement.

Oliver’s Court of Protection (property and financial affairs) work makes him well-placed to assist with matters directly relating to the Court of Protection jurisdiction itself (such as deputyship disputes and statutory wills) and with matters in which powers of attorney and deputyships otherwise feature, such as claims against former attorneys.

Oliver believes that barristers add value by providing insight into the ways in which courts approach problems, and seeks to combine this with the technical and the practical in assisting his clients.