Cases by Area of Law

Re Cobbetts LLP

Barrister: Martha Maher
Area of Law: Insolvency and Partnership

Martha Maher was instructed by Claire Sharf of Pinsent Masons on behalf of KPMG in relation to the obtaining of the Administration Order in respect of failed law firm Cobbetts LLP. The business of the c£50m turnover firm, along with its 72 partners and circa 400 staff situated in Manchester, Leeds, Birmingham and London were prepack sold to DWF LLP as part of the process. The order was obtained in the High Court of Justice, Chancery Division before Mrs Justice Asplin. Martha was led by Peter Arden QC of Erskine Chambers.

LA v H (2013)

Barrister: Graeme Harrison
Area of Law: Children
Summary: Graeme represented mother in care proceedings and twice in the Court of Appeal in a case involving allegations of sexual abuse by step-father and failure to protect by mother. The first appeal concerned a decision to remove the children from the home (step-father having vacated the property) and the second the findings made in relation to mother’s knowledge of the abuse perpetrated by step-father.

Grand Pier Limited v System 2 Security Ltd


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.

Hardy v Hardy and another

[2013] EWHC 83 (Ch); [2013] All ER (D) 214 (Jan)

Barrister: Oliver Wooding 
Area of Law: Wills, Trusts and Probate
Summary: Oliver successfully appeared on behalf of the claimant in the first claim to consider the effect of s. 67 Adoption and Children Act 2002 and the construction of a will.  The section provides that where a person has been adopted then they are treated in law as the legitimate child of the adoptive parents, and therefore not of their natural parents. In this case, the claimant had been adopted at a young age but an issue of construction of his natural father’s will arose, whereby the residue of his estate was to be divided equally between “my children”.  The description of “my children” in the claimant’s natural father’s will thus excluded the claimant, unless there was evidence of a contrary intention.  The judge – Mr Kevin Prosser QC sitting as a Deputy High Court Judge – found that such a contrary intention did exist since the testator had referred to the claimant as “my son” in another part of the will and again in the codicil. Accordingly, on the true construction of the will, notwithstanding his adoption, the claimant was to be included within the phrase “my children” and so entitled to share in the residue of the estate.  The claimant was also entitled to orders relating to the administration of the estate, and recovered his costs in full from the Deceased’s estate.

Jones v (1) BMW Financial Services; (2) CCR Motor Co

2012 – 2013

Barrister: Nicholas Pointon
Area of Law: Commercial Dispute Resolution
Acting on behalf of Mitsubishi in successfully defending a claim for misrepresentation and breach of terms implied by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 in relation to Mitsubishi’s flagship high-performance vehicle, the Lancer Evolution X.

K (Children), [2012] EWCA Civ 1549 (29 November 2012)

Barrister: Kathryn Skellorn
Area of Law: Children
Kathryn recently represented one of two Local Authorities successfully responding to an appeal considering the proper use of s.37 Children Act 1989.

View case: K (Children), [2012] EWCA Civ 1549 (29 November 2012) 

Charles Terence Estates Ltd v Cornwall Council

[2013] 1 WLR 466, [2013] BLGR 97, [2013] HLR 12, [2013] PTSR 175

Barrister: Guy Adams
Area of Law: Commercial Dispute Resolution and Administrative Law

Acting for a local authority in Court of Appeal on appeal from judgment setting aside long leases for lack of vires and restitution of rent and grant monies paid. Raises significant issues about the relationship between public and private law concepts of ultra vires.

Lidl UK GmbH v R G Carter Colchester Ltd

 [2012] EWHC 3138 (TCC)

Barrister: Andrew Kearney
Area of Law: Construction and Engineering
Andrew successfully represented Lidl in the recovery in the London TCC of c £350K of liquidated damages arising from an Adjudicator’s decision, notwithstanding that the Adjudicator had exceeded his jurisdiction and was alleged to have breached the rules of natural justice.  RG Carter’s attempted pre-emptive strike under Part 8 of the CPR was unsuccessful.  RG Carter were represented by Leading Counsel.
Download judgment: Lidl UK GmbH v R G Carter Colchester Ltd

Melhuish & Saunders Ltd v Hurden & Anor

[2012] EWHC 3119 (TCC) (19 October 2012)

Barrister: Andrew Kearney
Area of Law: Construction and Engineering
A TCC case which considered amongst other things the contractor’s duty to obtain Building Regulation certification from an approved inspector, the interface between a defects claim and NHBC cover, and the award of damages for distress and inconvenience.
Download judgment: Melhuish & Saunders Ltd v Hurden & Anor

Bradbury & Ors v Taylor & Anor

 [2012] EWCA Civ. 2008

Barrister: Leslie Blohm QC
Area of Law: Wills, Trusts and Probate
Leslie acted for the estate in appeal from Judge’s decision to award deceased’s godson a listed building by reason of proprietary estoppel.
Download judgment: Bradbury v Taylor [2012] EWCA Civ. 2008