Matthew Mills
Call: 2016
Barrister
Matthew Mills has a broad chancery practice covering: property, wills, trusts and estates, charities, insolvency, commercial and pensions. He regularly appears as a sole advocate in both the County Court and the High Court. Alongside full-time practice, he is a Lecturer in Land Law at the University of Oxford.
Matthew practises in, writes on and teaches property law.
In his own right, he has developed an extensive practice in landlord and tenant law and general property law matters, including trusts of land, proprietary estoppel, easements and squatters’ rights. Matthew once successfully obtained 25 charging orders in one hearing in the Queen’s Bench Division.
During pupillage, Matthew:
- Shadowed counsel in the Court of Appeal in P&P Property Ltd v Owen White & Caitlin LLP [2018] PNLR 29 – a case concerning professional liability for conveyances made to identity fraudsters
- Assisted with Smyth-Tyrrell v Bowden [2018] L & TR 23 – a case concerning agricultural tenancies, business tenancies and proprietary estoppel
- Assisted with Sensar Ltd v Kalivera Ltd, a High Court trial concerning the priorities of unregistered interests in land
- Assisted with a possession claim relating to a 400-acre farm
- Assisted with various professional negligence claims relating to conveyancing.
Alongside his practice at the Bar, Matthew teaches Land Law at Oriel College, University of Oxford.
Matthew has experience of drafting and advising on the terms of wills, trusts and associated deeds. He has also worked on claims relating to the Inheritance (Provision for Family and Dependants) Act 1975 and has advised on the summonsing, examination and removal of executors.
In 2018, Matthew worked for four weeks on an international investigation into a multimillion-dollar offshore trust.
Matthew also writes on trusts law, and previously taught and examined it as a Teaching Fellow at UCL.
Matthew has had an interest in charity law since writing a dissertation (which was subsequently published) on the history of the public benefit requirement. Since then, Matthew has gained practical experience of charity law matters and advised executors on the construction of charitable gifts. Recently, Matthew has provided advice on charity law to a team of criminal defence lawyers to assist with a Crown Court trial.
During pupillage, Matthew:
- Assisted with advice to the Charity Commission for Northern Ireland on its policies relating to certain categories of charities
- Assisted with advice to a charitable foundation in relation to an inheritance dispute
- Shadowed counsel in Miah v Hoque [2018] EWHC 2645 (Ch) a dispute concerning access to a mosque run by an unincorporated charity.
Matthew regularly appears in the High Court and County Court on bankruptcy petitions, winding-up petitions and other company matters. He acts for debtors, petitioners and insolvency practitioners. He also has experience of applications relating to director disqualification, the reuse of company names and validation orders. Matthew regularly advises on insolvency law matters and has provided certificates of law for insolvency disputes in foreign courts.
During pupillage, Matthew:
- Shadowed counsel in Ingram (Liquidator of MSD Cash & Carry Plc) v Singh [2018] BPIR 1343 – a case concerning de facto directors and preferences
- Assisted with Re D’Eye (A Bankrupt) [2018] BPIR 411 – a case concerning third party costs orders in the insolvency context
- Assisted with resisting an application to seize £1.5 million of gold bars that a bankrupt had tried to move offshore
- Assisted with advice on the transfer of shares held on trust
- Assisted with conflict of laws advice relating to the migration of an offshore company between offshore jurisdictions.
Matthew accepts instructions in all aspects of commercial law. He has experience advising on the construction and enforceability of various types of contracts, and settling associated pleadings. He has also advised on service out of the jurisdiction for breach of contract. In court, he has experience of contractual disputes from the pre-action stage to trial.
During pupillage, Matthew:
- Assisted with a £40 million commercial dispute over the enforceability of a bank’s mortgage and guarantee documents, which were subject to Scots law
- Shadowed counsel in Burki v Seventy Thirty Ltd [2018] EWHC 2151 (QB) – an unusual case concerning misrepresentation by and defamation of an online dating company.
During pupillage, Matthew assisted counsel with the outstanding appeal to the Court of Appeal in Burgess v BIC UK Ltd [2018] Pens LR 13, a case concerning the potential reversal of historic pension increases. He also assisted in another matter with advice relating to the potential reduction of pension benefits.
Matthew has recently been instructed to prepare a defence to a claim brought against a member by his pension trustee following the High Court decision of Dalriada Trustees Ltd v Faulds [2012] Pens LR 15.
Matthew accepts instructions for chancery mediations. During pupillage, he assisted with various chancery mediations and shadowed a senior member of chambers in his capacity as a mediator.
Matthew is very happy to speak at events and provide training to clients based on his practice areas. Matthew’s recent speaking topics have included the Disclosure Pilot in the Business and Property Courts, Brexit and the CPR, and the Supreme Court decision of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] 3 WLR 1603.
Matthew has published on a range of chancery topics:
- “Discharging a Court of Protection security bond after P dies” [2019] Private Client Business 26-30 (link).
- “Single name family home constructive trusts: is Lloyds Bank v Rosset still good law?” [2018] Conveyancer and Property Lawyer 350-366 (link).
- “The Development of the Public Benefit Requirement for Charitable Trusts in the Nineteenth Century” (2016) 37 Journal of Legal History 269-302 (link).
- “Why the Supreme Court decision in AIB Group (UK) plc v Mark Redler & Co (a firm), on equitable compensation for breach of trust, should be reversed” (Estates Gazette Online).
- 2015 – 2016 BPTC at City University (Outstanding)
- 2014 – 2015 BCL at the University of Oxford
- 2013 – 2014 LLM at UCL (Distinction, 1st in year overall of 443)
- 2010 – 2013 MA in Jurisprudence at the University of Oxford (First Class)
Prior to coming to the Bar, Matthew was a Lecturer in Land Law at the University of Oxford and a Teaching Fellow in Trusts at UCL. Matthew also worked as a Legal Editor for the start-up ‘Sparqa’, where he researched and wrote practical guides to the legal issues that are most relevant to small businesses, including mortgages, leases, service charges and possession claims.
• 2017 Cholmeley Scholarship (Lincoln’s Inn)
• 2016 Buchanan Prize for BPTC results (Lincoln’s Inn)
• 2015 Lord Denning BPTC Scholarship (Lincoln’s Inn)
• 2015 City Law School Postgraduate Scholarship
• 2015 Hardwicke Entrance Award (Lincoln’s Inn)
• 2014 Full scholarship to study the BCL (University of Oxford)
• 2014 Pump Court Tax Chambers Prize for best performance in International and Commercial Trusts (UCL LLM)
• 2014 Best performance in Restitution (UCL LLM)
• 2014 Best performance in Legal History (UCL LLM)
• 2013 Finals prize (New College, University of Oxford)
- The Chancery Bar Association
- The Charity Law Association
- The Commercial Bar Association (COMBAR)
- The Contentious Trusts Association (ConTrA)
- The Higher Education Academy (Associate Fellow)
- The Honourable Society of Lincoln’s Inn
- The Property Bar Association
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