Cases by Area of Law

Blemain Finance Ltd v Goulding

CA (Civ Div) (Rimer LJ) 17/12/2013 [2013] EWCA Civ 1630

Barrister: Guy Adams
Area of Law: Property and Real Estate and Insolvency
Summary: Bankrupts: legal charges: overriding interests: possession order: registered land: setting aside: title to land: effect of s.283-S.306 Insolvency Act: Insolvency Act 1986 s.284, s.283, s.306, s.283A, s.283A(5), s.58 : Land Registration Act 2002 s.23, s.29, s.86(5).

Guy appeared at first instance and on an application for permission to appeal, which resulted in a reserved judgment. The case, though raising very interesting legal issues as to the relationship between a trustee in bankruptcy’s unregistered title to land and the rights of a person who is registered as the proprietor of an estate in the land subsequent to the bankruptcy, was ultimately decided on the facts.

Fox v Jewell

[2013] EWCA Civ 1152

Barrister: Alex Troup
Area of Law: Wills, Trusts and Probate
Summary: A Court of Appeal decision as to whether it is appropriate to order the hearing of preliminary issues in the context of a contentious probate dispute.

L (A Child)

 [2013] EWCA Civ 1778

Barrister: Kambiz Moradifar
Area of Law: Children
Kambiz represented the mother accused by a family member of serious sexual abuse of her child. The central issue being whether the complainant child should be called to give oral evidence.

View full judgment: L (A Child) [2013] EWCA Civ 1778

Wolfe v Davies

ChD, Cardiff

Barrister: Christopher Jones
Area of Law: Agriculture & Rural Affairs
Summary: Acting for the defendant in connection with disputed fishing rights over her farm, through which ran the River Towy; proceedings settled (2013).

Hopkins v Bowden

ChD, Cardiff

Barrister: Christopher Jones
Area of Law: Agriculture & Rural Affairs
Summary: Acting for the claimant who sought declarations and injunctive relief in connection with a right of way to a farm, which he purchased at auction (2013); proceedings settled successfully at trial.

Countrywide Farms PLC v Goldstone Eggs


Barrister: Christopher Jones
Area of Law: Agriculture & Rural Affairs
Summary: Christopher successfully represented a national feed supplier in defence to a claim for the supply of defective poultry feed.

R v LJ

Barrister: Simon Morgan
Area of Law: Regulatory and Disciplinary
Summary: Defence of a man charged with murder. The victim was kicked an beaten to death and thereafter the body was burned. This case received significant nationwide publicity.
View press coverage here:

Percy Leonard McDonald v (1) Department for Communities and Local Government; and (2) National Grid Electricity Transmission PLC

[2013] EWCA Civ 1346

Barrister: Matthew White
Area of Law: Personal Injury
 Matthew succeeded in the Court of Appeal in a battle over exposure to a modest amount of asbestos in the 1950s. The judgment confirms that there must be enough exposure for harm to have been foreseeable at the time of exposure for a claim in negligence to succeed. A claimant can succeed against an occupier responsible for asbestos on (effectively) a strict liability basis under the Asbestos Industry Regulations 1931 without needing to prove foreseeability, but an employer is not liable for an occupiers’ breach on the basis of a non-delegable duty.

For a more detailed discussion of the case, click here.

STOP PRESS:- An appeal by the occupier defendant (seeking to contend that Cherry Tree was wrongly decided) and a cross appeal by the claimant was heard by the Supreme Court in February 2014. The result is awaited.”


Chalcraft v Rivercraft Developments LLP & Rivers

[2013] EWHC 1510 (QB)

Barrister: David Fletcher
Area of Law: Commercial Dispute Resolution
Summary: A derivative claim for damages and other relief pursued by one member of property development LLP against the other members for breach of fiduciary duty, fraud and an account of excess profits by making excessive charges for building work.  A separate derivative claim was also pursued against architects for negligently over-certifying the works.

P (A Child)

[2013] EWCA Civ 963

Barrister: Julia Belyavin
Area of Law: Children
Judgment was handed down on 30th July 2013 in the case of P (A Child) [2013] EWCA Civ 963 in which Julia Belyavin represented the appellant father. Julia was instructed for the appeal after permission had been granted but had not appeared at first instance. The care and placement orders made by the circuit judge were set aside and the matter has been remitted for a rehearing and Julia will continue to represent the father.

Download judgment: P (A Child) [2013] EWCA Civ 963