Owen Roach

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Owen Roach

Call: 2003 (E&W), 2004 (M, WI)

 
Owen is an experienced practitioner, who couples strong advocacy ability with the talent to quickly assimilate facts. His high degree of interpersonal skills allows Owen to connect with clients of all backgrounds, putting them at ease in the most stressful situations.

He also practices in the Eastern Caribbean Supreme Court jurisdiction, where he is regularly instructed in high profile cases. Owen undertook pupillage at 3-4 South Square Chambers, Grays Inn, London. He did so under the watchful eyes of David Alexander QC to whom he was a pupil.

He is presently a consultant to the commercial firm Richards & Co in Antigua, West Indies.

Owen has a broad civil and commercial practice with a particular interest in all types of property litigation and corporate insolvency. Owen regularly undertakes work in the County Court in fast and multi track cases and often appears in the High Court. Owen has also appeared in the Court of Appeal and the Privy Council.

Practice Areas

Company, Commercial, Civil, Housing & Property.

Owen is regularly instructed in commercial and residential landlord and tenant disputes. His practice covers possession proceedings for rent arrears, disrepair, unlawful eviction and applications for injunctions and relief from forfeiture.

Owen also undertakes a huge volume of work in anti-social behaviour cases.

Notable cases include:

  • Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB)
  • Mcintosh v Mcintosh (deceased) [2014]EWCA Civ 557
  • DPP v Kevil Nelson [2015] Privy Council
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  • Brown’s Bay Resort Ltd v Pozzoni [2016] UK PC 10-
     
    [1] The Appellant is the proprietor of certain coastal property at Brown’s Bay, St. Phillips, Antigua. By a lease dated 13th November 2006, the Appellant leased a certain portion of the property to the Respondent for a two-year contractual period beginning 1st November 2006.

    [2] Clause 19 of the lease agreement provided as follows:

    “Interruption of Contract – Failure to respect every aspect of this contract could result in an interruption of the contract by either the owner or the tenant. If an interruption occurs then the party responsible will pay to the other party a penalty fee of US$4,000.00. Any pending expenses of either the owner or the tenant are to be paid before the contract is terminated.”

    [3] BBR committed a repudiatory breach of contract in September 2007, which Mr Pozzoni accepted. As a result Mr Pozzoni did not re-open the restaurant at the start of the 2007-2008 season in November 2007 but instead commenced legal action to recover damages for the breach of contract . The High Court and the Court of Appeal in the Caribbean, ruled that the Appellant’s action were a breach of the terms of the Lease. The Appellant’s appealed to the Privy Council, on the basis that the lower court were wrong in their interpretation of the clause 19, among other things. The Privy Council upheld the Caribbean Court of Appeal decision.

    ISSUES IN THE APPEAL

    [4] The principal issue in the instant appeal is this: Is clause 19 of the lease agreement a liquidated damages clause or a penalty clause? Flowing from this principal issue is the following sub-issue:

    If clause 19 is a penalty clause, is the stipulated amount in any event:

    1. An agreed amount for compensation or

    2. A limitation on the maximum amount recoverable in the event of:

    a. A breach of the contract and/or,

    b. An interruption of the contract (on account of a breach).

    [5] A secondary issue relates to the assessment of damages and the sufficiency and quality of evidence regarding the Respondent’s lost earnings.

    The Privy Council upheld the Caribbean Court of Appeal decision.

  • Professional Memberships

    • Lincoln’s Inn
    • High Court of Justice, Eastern Caribbean Supreme Court in Montserrat, West Indies