Published comments

Listed as a Leading Junior in Property Litigation. Legal 500 2009.

"Also of note is the conscientious and excellent advice of Oliver Radley-Gardner". Legal 500 2008.

Oliver Radley-Gardner

Called 2003
Download Full CV

Oliver Radley-Gardner's practice encompasses residential and commercial landlord and tenant and real property. He has appeared in the Privy Council in a case concerning implied trusts of the family home, in the Court of Appeal on appeals concerning the recoverability of fees under the terms of a mortgage and on the ability of a tenant to invoke the provisions of a Bilateral Investment Treaty to secure a stay on rent recovery proceedings, and in the High Court on cases concerning the interpretation of the Electronic Communications Code and on implied licences in the context of adverse possession.

Education

Keble College, Oxford University BA (1999) (Law with German Law; 1st Class)

Second, Winter Williams Prize 1997

University of Regensburg, 1997 - 1998

Visiting Researcher, Max-Planck-Institute for Foreign and Comparative Law, Hamburg

Professional

Called 2003, Grays Inn (Bedingfield Scholarship).

2002 - 2003 BPP Law School: Very Competent (5th in year).

2001 - Date College Teaching Fellow, Pembroke College, Oxford.

2000 - 2001 Joint Stipendiary College Lecturer, Pembroke and Somerville Colleges, Oxford.

1999 - 2000 Research Assistant to the Property and Trusts Team, Law Commission, working on the Land Registration Act 2002, Trustee Act 2000 and Property Rights of Homesharers projects.

Fluent German, basic French.

2009 - Appointed to Attorney General's C Panel.

Recent Cases

Consolidated Finance v Cook, Court of Appeal, [2010] EWCA Civ 369, on the recoverability of fees and costs under a mortgage to secure sums advanced by a third party lender to secure the annulment of a bankruptcy.

The Bridgewater Canal Company Limited v GEO Networks Limited [2010] EWHC 548 (Ch): A decision on the operation of the Electronic Communications Code, specifically considering the rights of operators under the Code to cross linear obstacles (such as canals), and their obligations to pay consideration for such rights. The case also considered the aspect of the Code's compatibility with the ECHR.

View all

Publications

Woodfall Landlord and Tenant Bulletin, contributing editor

Fisher and Lightwood’s Law of Mortgages, contributor to update to 12th edition.

“Closing the doors” (2009) N.L.J. 19 (with Mark Sefton, examining recent cases on, and the principles of, administration).

“Know the boundaries” (2008) E.G. 69 (with Jonathan Small Q.C., examining development agreements).

Fundamental Texts on European Private Law (2003) (with H. Beale, R Zimmermann and R. Schulze).

View all