Mathew Roper - 5 Stone Buildings
Junior counsel

Mathew Roper

Call to Bar:2011

Chambers and Partners 2016 Chancery Traditional

5 Stone Buildings is a go-to traditional chancery set with a depth and breadth of talent and experience among both its silks and its junior counsel.

Mathew has a broad Chancery practice with a particular emphasis on trusts, estates, related professional negligence and the property and affairs jurisdiction of the Court of Protection.

Mathew also accepts ecclesiastical law instructions.

About Mathew Roper

Chancery

Mathew’s Chancery practice focuses on contentious trust and estate litigation. He also acts in professional negligence claims arising out of the creation and administration of trusts and estates.

Mathew also has a strong private-client/advisory practice.

Recent/notable cases include:

  • Bullard v Bullard [2017] EWHC 3 (Ch). Mathew acted for a settlor in her claim to construe, further or alternatively rectify a settlement created as part of a “double trust scheme” so as to exclude section 31 of the Trustee Act 1925 and avoid an immediate IHT charge.
  • RNLI v Headley [2016] EWHC 1948 (Ch); [2016] WTLR 1433. Mathew acted for the charities/remainder beneficiaries in their claim for an account and disclosure.
  • Fielden v Christie-Miller (2015-16) (see [2015] EWHC 2940 (Ch); [2015] WTLR 1689). Mathew (led by Penelope Reed QC) acted for the Claimant and Part 20 defendant in litigation concerning a £40M estate in Oxfordshire. The proceedings were primarily concerned with rectification of a deed of appointment and the doctrine of proprietary estoppel. The matter settled shortly before trial.
  • Re GHW (2015). Mathew (led by David Rees QC) acted for a deputy and litigation friend in litigation concerning a contractual claim for care fees in excess of £10M. The defence concerned, amongst other things, the extent of an attorney’s authority, undue influence and unconscionable bargain. The matter settled shortly before a six-week trial.
  • Cotton v Earl of Cardigan (2013-14) (see [2014] EWCA Civ 1312; [2015] WTLR 39). Mathew acted as sole counsel at first instance for the trustee of a sub-trust and the principal beneficiary thereof, Viscount Savernake, in a Public Trustee v Cooperapplication to “bless” a proposed sale of Tottenham House for over £11M.
Court of Protection

Mathew’s Court of Protection practice focuses on contested deputyship, statutory will and estate planning applications. He also receives regular instructions to act in proceedings concerning the validity, registration and revocation of Enduring and Lasting Powers of Attorney.

Recent cases include:

  • Re JKS [2017] EWCOP 8. Mathew (led by Christopher Tidmarsh QC) acted for the Official Solicitor in a statutory will application concerning, amongst other things, the effect of a compromise of undue influence proceedings brought by P against one of her sons.
  • Re JEL (2017). Mathew acted for the Official Solicitor in response to an attempt to withdraw an application for authority to execute a deed of variation rather than put potentially disappointed beneficiaries on notice of their claims.
  • Re LRG (2016). Mathew acted for the Public Guardian in an application for declarations as to P’s capacity to execute a Lasting Power of Attorney.
  • Re JTT (2016). Mathew acted for the Official Solicitor in response to an application to dispense with service of statutory will proceedings on P’s father.
  • Re SMG (2016). Mathew acted for the Official Solicitor in an application to ratify various estate planning gifts and undervalue sales of P’s assets.
Ecclesiastical

Mathew is experienced in the field of ecclesiastical law, having appeared in the consistory courts as sole counsel (Re St Peter, Brighton [2012] CH157/11 (22 June 2012); Re St Mary’s, Witney (2013)) and as a junior (Re St Cyriac, Lacock [2012] Bristol Const. Ct (4 December 2012)). He is available to accept instructions at all stages of the Church of England’s faculty jurisdiction.

Mathew also regularly advises clients on issues of burial, exhumation and Chancel repair liability.

Education

Mathew read Ancient and Medieval History at the University of Birmingham, graduating top of his year with First Class Honours. After completing the Graduate Diploma in Law, Mathew was graded “Outstanding” on the Bar Professional Training Course at City Law School. Mathew received the Terence Fitzgerald Scholarship and an accommodation award from Middle Temple and was called to the Bar in July 2011 with his Inn’s Certificate of Honour.

Professional Memberships

Mathew is a member of the Chancery Bar Association and the Ecclesiastical Law Society.

Publications and Lecturing

Mathew writes and speaks widely within his area of expertise. He previously wrote headnotes for the Wills and Trusts Law Reports and remains a regular contributor to the Solicitors for the Elderly’s newsletter.

Articles and lectures include:

  • “Rectification: mistakes and fiscal objectives” (forthcoming)
  • Accounting Rights: classified information”, Trusts and Estates Law & Tax Journal, No. 185 (April 2017)
  • “Accounting, disclosure, and trustees’ costs”, Trusts & Trustees 2017 23(2)
  • “Public Trustee v Cooper Applications” (September 2016)
  • Recent Contested Deputyship Decisions”, Private Client Business 2016(4)
  • “Chancel Repair Liability: is the ordeal over yet?” (August 2012) 
  • Lilleyman v Lilleyman: approaching ‘non-matrimonial property’ Under the Inheritance Act”, Elder Law Journal 2012(4)