Mr Roger Dowd BL

Roger Dowd is barrister in private practice for 30 years. He is an experienced Chancery practitioner and is regularly instructed in land disputes. Since 2015 he has delivered CPD accredited seminars for McKelvey Associates on adverse possession, boundaries, easements, public rights of way and proprietary estoppel.   In addition to the careful consideration of the conveyancing history of disputed land, practice in these areas requires an understanding how the topographical features and use of the disputed land has evolved over the years. This ‘extrinsic’ evidence may be crucial in a case.  Roger’s presentation will review the relevant case law and use case study material to assist with practical issues that may arise.

Roger is frequently instructed in contentious probate actions e.g. issues of testamentary capacity, construction and rectification of wills, ‘Family Provision’ claims and trusts and estoppel. In 2019 he was engaged to provide evidence to the New Zealand High Court concerning the law of construction of a Northern Irish will, the choice of applicable law and determining the appropriate forum in this jurisdiction. The court had to determine whether real property located in Auckland passed under New Zealand succession law to person X, or fell into the residue under the NI will and thereby pass to person Y according to succession law in this jurisdiction.

Often the merits of applying for injunctive relief have to be considered in order to protect a client’s asserted rights over land. In 2020 Roger acted for an executor under a Northern Irish Will who successfully argued he should be granted a pre-proceedings injunction against the deceased’s son in order to preserve the deceased’s estate as there was a risk of loss. Even though the aim of the injunction was to preserve a holiday home located in Spain, the Chancery Court granted the injunction against the son who was domiciled in this jurisdiction. The court held on the available evidence that damages in lieu of the pre-proceedings injunction would not have been an adequate remedy.

Seminars offered