Amy Berry
Professional Biography
Amy’s practice embraces the full range of chancery and related commercial fields. In addition she spent the first five years of practice undertaking a board range of civil work which has allowed a breadth of knowledge in diverse areas of law from employment to banking and from road traffic litigation and motor insurance to VAT fraud: lateral thinking and the application of principles from other areas of law are often employed.
Amy has developed a keen interest in tax, costs and the law of damages; her days as a trainee management accountant are not lost!
She litigates in all forums from the county court to the European Court of Justice and in tribunals. She has drafted pleadings for and represented parties at construction adjudication and arbitration. She is keen to promote mediation and ADR and has acted in many such cases within her areas of specialism.
The areas of specialism in which she regularly receives instructions are:
Probate covers wills, estates, inheritance and trusts. She drafts and advises on both contentious and non-contentious matters. Her work extends to claims under the Inheritance (Provision for Family and Dependents) Act 1975, contentious probate proceedings, testamentary capacity, undue influence, knowledge and approval, caveats, warnings and appearances, the administration of estates, construction of wills, insolvent estates, accounts and inquiries, IHT/CGT tax advice, breach of trust claims, rectification claims, removal of personal representatives and professional negligence encompassing these areas of law.
Property and construction covers all areas of real property from planning and construction to estate contracts and conveyancing, restrictive covenants and easements to boundary disputes, mortgages and charges. Other aspects include claims under the Trust of Land and Appointment of Trustees Act 1996, constructive and resulting trusts, estoppel, undue influence, statutory interpretation, commerical and residential landlord and tenant, housing and professional negligence encompassing these areas of law. There is a natural interrelationship with her other specialism of probate.
Commercial and insolvency embraces both personal and corporate insolvency, commercial contracts including sale of goods and supply of services, shareholder and partnership disputes, costs and enforcement proceedings. Often these disputes fall within engineering and construction disputes or part of larger property and probate proceedings.
Amy regularly participates in giving seminars and is available to give in-house lectures upon request.
Appointments and Memberships
Member of the South Eastern and Western Circuits
Property Bar Association
Chancery Bar AssocationQualifications
HNC 1999 Marketing and Management, South Bank University London
LLB (Hons) 2002, South Bank University London
BVC 2003, Inns of Court School of Law, London
Called to the Bar 2003 (Lincoln's Inn)
Cases and Publications
Reported cases:
Janet Mason v TNT UK Ltd & Groupama: County Court (Reading) (Charles Harris QC) 12/04/2009: LTL 6/8/2009.
Atkins v Coyle Personnel Plc [2008] IRLR 420
Commissioners of Customs and Excise & HM Attorney General v Federation of Technological Industries [2006] Case C-384/04 European Court of Justice (Third Chamber) LTLEU 11/5/2006: LTLAG 7/12/2005: 2004/C273/31 (Reference for preliminary ruling) p.18: Times, May 11, 2006.
Smith v Seaber [2006] CLY 3110
Med Trading Ltd v Revenue and Customs Commissioners (VADT19355) (2005) VAT & Duties Tribunal (London) 29/11/05: LTL 30/1/2006.
R (on the application of Teleos Plc and others) v Customs and Excise Commissioners [2005] EWCA Civ 200 (Ward LJ, Dyson LJ, Bennett J) 2/3/2005: LTL 2/3/2005: (2005) 1 WLR 3007: (2005) STC 1471: Times, March 9, 2005: Independent, March 17, 2005.
Federation of Technological Industries and 53 Others v Commissioners of Customs and Excise & Attorney General [2004] EWCA Civ 1020: LTL 30/7/2004: (2004) STC 1424.
Publications:
Amy is a contributor to the Pump Court Property Newsletter. Amy has recently given seminars on restrictive covenants: do they become absolute or discharged when the approval giver is no longer available?
She is a contributor to Gill Steel’s Lawskills website and has recently given a seminar on costs in probate (Autumn 2009).
Outside Interests
Amy’s interests include her family, sport, gardening and socialising.
