Cases by Area of Law


Gidley

(2012)

Barrister: Richard Stead
Area of Law: Personal Injury
Summary: Richard is representing the claimant in a claim before the CICA. Brain injury as a child causing cerebral palsy – confined to a wheelchair, unable to speak or communicate incontinent, requiring 24 hour care for life – value in excess of £4 million.

Goldsmith v Patchcott

[2012] EWCA Civ 183 Court of Appeal

Barrister: Richard Stead
Area of Law: Personal Injury
Summary: Richard represented the claimant who suffered a severe head injury when kicked and trampled on by a horse. Issues arising as to construction of s.2(2) and 5(2) Animals Act 1971.

R v Somerset County Council ex. p. Mann

[2012] EWHC B14 (Admin)

Barrister: Leslie Blohm QC
Area of Law: Town and Village Greens
Summary:
The Administrative Court sitting in Birmingham has, after a fully contested hearing, refused to grant judicial review of a decision not to register Pen Mill Field in Yeovil as a Town or Village Green. Leslie Blohm QC, Town and village green expert, appeared on behalf of Somerset County Council. The impact of the decision will bring into question the scope and effect of implied licenses that prevent recreational usage from being ‘as of right’.

Download: Village Greens and implied licenses

J B Leadbitter & Co Ltd v Hygrove Holdings Ltd

[2012] EWHC 1941 (TCC)

Barrister: Andrew Kearney
Area of Law: Construction and Engineering
Summary:
The TCC granted summary judgment in respect of sums due under a building contract – a supplemental escrow account agreement entered into was ineffective as a ‘pay when paid’ agreement under s113(1) HGCR Act 1996.
Download judgment: J B Leadbitter & Co Ltd v Hygrove Holdings Ltd

Re JC; D v JC (statutory will application)

[2012] WTLR 1211, (2012) MHLO 35 (COP)

Barrister: Christopher Jones
Area of Law: Wills, Trusts and Probate

Summary: A statutory will application by JC’s daughter D, who had been conceived following a post-marital rape of JC’s ex-wife and adopted by other parents very shortly after her birth, and who had never met or had any contact with JC; she sought a statutory will giving her an equal share JC’s £3.5m estate alongside his other children.

Thomas v Jeffery and others

[2012] EWCA Civ 693; (2012) 162 NLJ 845 (Court of Appeal)

Barrister: Alex Troup
Area of Law: Wills, Trusts and Probate

Summary: Costs of a claim by adult child under the Inheritance (Provision for Family and Dependants) Act 1975.

Loveluck-Edwards v Ideal Developments Ltd & Dyke [2012] EWHC 716 (Ch)

[2012] EWHC 716 (Ch)

Barrister: John Sharples
Area of Law: Property
Summary: John acted for the successful defendant over whose land the claimant had asserted a right of way by implication and/or prescription.  Morgan J undertook a wide-ranging review of the authorities concerning implied easements and damages in lieu of an injunction.  The text of the judgment is available generally, including www.bailii.org/ew/cases/EWHC/Ch/2012/716.html.

Ramzom v Brookwide Ltd

2012 1 ALL ER 903 (CA)

Barrister: Leslie Blohm QC
Area of Law: Commercial Dispute Resolution
Summary: An assessment of exemplary and compensatory damages for trespass.

Brumwell v Powys County Council

[2012] P&CR D46 (CA)

Barrister: Leslie Blohm QC
Area of Law: Property and Real Estate
Summary: Whether an occupancy agreement relating to a manager’s use of a caravan site fell into Part II Landlord and Tenant Act 1957.

Charles Terence Estates Ltd v Cornwall Council and another

[2012] PTSR 790, [2012] 1 P & CR 17, [2011] LGR 813

Barrister: Guy Adams
Area of Law: Commercial Dispute Resolution

Summart: Acting for a local authority in an action in the High Court to set aside long leases for lack of vires and restitution of rent and grant monies paid.


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