- Called: 2015
Zachary joined Five Paper in October 2017 after successfully completing his pupillage. He is a member of the Commercial, and Property teams. During his pupillage Zachary gained experience in a variety of commercial, insolvency, real property, and landlord and tenant matters.
Zachary has appeared as sole counsel in the High Court, the County Court, and the residential property and land registration divisions of the First-tier Tribunal (Property Chamber). He is comfortable being instructed as sole counsel in trials, appeals, and applications, as well as capable of being led on highly complex matters.
Prior to coming to the Bar, Zachary developed his research skills in the academic study of literature, giving papers at major international conferences at the University of Cambridge, and the University of London, and publishing a chapter in a peer-reviewed collection of essays. These skills of close textual analysis, and extensive research have given him the foundations to succeed in his legal advice, and his written and oral advocacy.
Zachary has developed experience in general commercial disputes, and accepts instructions in matters relating to:
- sale of goods, and supply of goods and services;
- breach of contract, and all matters involving interpretation of contracts;
- assignment of debts, and other chooses in action;
- civil fraud (including deceit, fraudulent misrepresentation, and conspiracy).
Zachary has developed experience in insolvency matters, and accepts instructions relating to:
- corporate insolvency;
- personal insolvency, including insolvency administration orders of a deceased’s estate;
- rescission, annulment, and setting aside statutory demands;
Wills, Trusts, and Probate
Zachary accepts instructions relating to traditional chancery work, which formed the basis of his second seat of pupillage, including:
- trusts disputes including those resulting from a testamentary estate;
- breach of fiduciary duty;
- claims under the Inheritance (Provision for Family and Dependants) Act 1975;
- contentious probate, and interpretation of wills;
- issues under the Wills Act 1963 where a deceased died domiciled abroad.
Zachary has an interest in developing his real property practice, and accepts instructions relating to:
- service charges;
- auctioning of land, and specific performance under the Law of Property (Miscellaneous Provisions) Act 1989;
- party walls;
- the Land Registration Act 2002, including its application following a bankruptcy in the First-tier Tribunal (Property Chamber – Land Registration).
Landlord and Tenant
Zachary has gained experience in a wide range of domestic and commercial Landlord and Tenant, and Housing Law issues including:
- relief from forfeiture;
- the grant of new commercial tenancies under the Landlord and Tenant Act 1954;
- possession proceedings;
- warrant suspensions, including where a Sheffield CC v Hopkins submission is required;
- defending against the setting aside of a possession order;
- anti-social behaviour injunctions, including attaching powers of arrest;
- committal proceedings for breach of injunction, including in the Youth Court;
- gas safety injunctions.
Zachary is developing a busy Commercial Chancery practice which has recently included the following instructions:
- appearing for the applicant in the hearing of an emergency proprietary injunction (before Carr J.);
- successfully striking out a construction claim worth almost £100,000;
- appearing for a claims purchaser in its appeal to a circuit judge against a major British airline on the question of whether assignment of a cause of action under Regulation (EC) No 261/2004 amounted to assignment of a bare cause of action, and therefore champertous;
- advising on the tracing of trust funds wrongly paid to a company in administration;
- drafting a shareholders’ agreement for a media firm;
- drafting the standard contract used by a claims management company for all new business;
- appearing on behalf of factors seeking judgment against both third party debtors who have ignored notice of assignment, and suppliers who have breached the terms of a debt purchase agreement and/or personal guarantee;
- successfully representing a central London dry cleaners in a highly contentious rent review trial pursuant to the Landlord & Tenant Act 1954; and
- drafting pleadings for a BVI company involved in an English property dispute.
Zachary has assisted other members of chambers in notable cases, including:
Partridge v Gupta  EWHC 1110 (QB): an appeal focused on the correct interpretation of CPR 83.13(8) with regards to applying for permission to issue a writ of possession, and considering what constituted sufficient “notice of the proceedings” within the meaning of the rule (with Ben Maltz). See an article on the case co-written with Ben Maltz here.
R (on the application of Letizia Esposito) v Camden LBC QBD (Admin) (May J) 31/07/2017: an application in the High Court for an urgent interim injunction against the London Borough of Camden. The order was sought by a resident of Dorney Towner on the Chalcots Estate who alleged that it was Wednesbury unreasonable and in breach of her rights under Article 8 of Schedule 1 of the Human Rights Act 1998 for Camden to stop providing temporary accommodation to her, especially following the Grenfell Tower tragedy (with Stephen Evans, and Brynmor Adams).
Houghton v PB Donoghue (Haulage & Plant Hire Ltd) and others  EWHC 1738 (Ch): Morgan J considered an application for permission under CPR 36.11(3)(d) to accept a defendant’s Part 36 offer (made almost six months previously) two days after trial began (with Simon Mills).
BPTC, City University London, 2015.
GDL, City University London, 2014.
BA English Literature, University College London, First Class, 2013.
BPTC Major Exhibition, Inner Temple, 2014.
Duke of Edinburgh Entrance Award, Inner Temple, 2014.
Second Prize – Senior Moot, City University London, 2014.
GDL Major Scholarship, Inner Temple, 2013.
John Oliver Hobbes Memorial Prize, University College London, 2013.
“Sit up and take notice! Partridge v Gupta.” Ben Maltz and Zachary Kell. Property Litigation Association. September 2017.
Commercial Bar Association (COMBAR).
Property Bar Association (PBA).