Cases by Area of Law


SC T/A SS v Y.O

[2015]

Barrister: Adam Boyle
Area of Law:
Property Insurance Litigation
Summary: Adam successfully defended a pivotal application for relief from sanctions heard before HHJ Havelock-Allan QC in the High Court. Adam represented the Claimant/Respondent who was bringing a property damage claim worth over £300,000. In this matter default judgment had already been given against the Defendant/Applicant earlier in the history of the case. At the time of the application the relevant sanction imposed upon the Defendant, following a string of failures, was that he was, in effect, precluded from defending the quantum of the case. That being so, following the successful defence of the application for relief from sanctions the Claimant’s substantial quantum claim was free to continue in a manner which was virtually unopposed.

Stagecoach South Western Trains Ltd v (1) Kathleen Hind (2) Andrew Steel

[2014] EWHC 1891 (TCC)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation 
Summary: Richard was recently instructed by Lyons Davidson to represent the first defendant in the High Court in this property damage case in which a tree fell onto a main railway line. The claimant train operator sought to recover the cost of repairing damage to a train, and other consequential costs, against the first defendant landowner and the second defendant tree surgeon after a tree growing on the first defendant’s land fell onto the adjoining railway line.  A train collided with the tree causing extensive damage to the rolling stock. Read more here.

Freshwater v Dŵr Cymru Cyf (Welsh Water)

Barrister:  Andrew Kearney
Area of Law: Construction and Engineering / Property Insurance Litigation
Summary:  Andrew defended Welsh Water in a dispute in the Cardiff TCC concerning alleged escapes of water from a main.  The claim was brought under s209 Water Industry Act 1991.  The Claimants alleged that escapes of water had washed away the fines from the subsoil beneath their property, causing it to subside and requiring very extensive piling and remedial works.  The case involved consideration of historical flow data, evidence of prior repairs and of highway drainage schemes and local groundwater and surface water run off, water testing and analysis, expert evidence from civil engineers, structural engineering and quantity surveying evidence and consideration of the extent of piling and remedial schemes. 

Vernon Knight Associates v Cornwall Council

(2013)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation 
Summary: Richard is defending a claim by a holiday park owner in respect of damage caused by flooding of run off water from highway and higher adjoining land – awaiting hearing in the Court of Appeal.

Tyrimos v Modebest Builders Ltd

(2013)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation 
Summary: Richard is defending a £1m plus claim in the TCC for damage to properties in London caused by alleged negligence in the execution of underpinning / support works.

Clark v Swindon Borough Council

(2013)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation 
Summary: Richard is acting for the defendant in a claim arising out of the subsidence of a row of 9 garages due to tree root activity.

Grand Pier Limited v System 2 Security Ltd

(2013)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation
Summary: Richard acted for the defendant installer and operator of the fire alarm response in a £30m plus claim arising out of the fire on the Grand Pier, Weston-super-Mare.

Rickman v Relph Ross

(2012)

Barrister: Richard Stead
Area of Law: Property Insurance Litigation 
Summary: Richard is acting for the defendant architect in £1m plus claim brought by the owner of a refurbished mansion following flooding of the property due to the escape of water from the fire suppression system.

Destruction of landmark building by fire

2009

Barrister:  Andrew Kearney
Area of Law: Construction and Engineering / Property Insurance Litigation
Summary:  Andrew defended an international consultancy in a claim running into £millions arising out of the partial destruction by fire of a national landmark building during the carrying out of construction works.