Court Clarifies Quistclose Trust: latest article from Jody Atkinson

Jody Atkinson has recently published an article on the recent decision in the High Court of Bieber v Teathers Ltd for Lexis Nexis.

In this article Jody Atkinson considers a recent case on Quistclose Trusts, the existence of which can be highly relevant in insolvency situations.

Download article: Court Clarifies Quistclose Trust

View Jody Atkinson’s profile.

Adrian Maxwell has been appointed to the Falklands Islands Approved Lawyer List

Adrian Maxwell, member of the Regulatory and Disciplinary is appointed to the ‘Falklands Islands Approved Lawyer List’.

He will be available to advise legal practitioners, individuals, the prosecuting authority and statutory bodies in the following areas; criminal, drugs, fraud, human rights, money laundering, murder, regulatory, terrorism and white collar crime.

View Adrian Maxwell‘s profile

St John’s members and staff take part in the Bristol 10k

Members and staff from St John’s Chambers took part in the Bristol 10k running event on Sunday 20th May 2012 as part of the Clarke Wilmott Business Challenge. Braving the chilling Sunday morning air, the St John’s team assembled in Bristol’s Millennium Square and College Green, respectively along with 10,000 other runners, to undertake this challenge. For some this was their first run looking to raise money for charity and set a respectable finishing time while more seasoned runners aimed to set a new personal best matching or even beating their previous years’ record.

The first Bristol 10k took place in 2008 attracting over 5000 participants. Since then it has become an internationally renowned event with elite athletes and fun runners travelling from all over the world to take part. The route takes runners from the @Bristol Centre on Anchor Road, along some of the city’s most scenic areas and monuments including the site of the historic floating harbour, Brunel’s Clifton Suspension Bridge as well as much of its working docks and along the cobbled streets of the city centre itself.

St John’s teams represented chambers proudly with some impressive first times from 50 minutes to just over an hour. The seasoned runners saw their previous times beaten by as much as ten minutes setting a new personal best for many of them. Staff also raised £250 for Macmillan Cancer Support and £280 for the children’s charity Bernardo’s, with donations still coming through. A great time was had by all, at times gruelling and even an injury or two, but the atmosphere was simply electric with an abundance of good cheer for a cold Sunday morning fuelled further by the Olympic spirit gripping the city with the impending arrival of the torch and the mounting excitement of the games soon to be held.

Licensing Act amended guidance: latest article from Roy Light

Roy Light, member of the Public & Administrative Law Practice Group has published the first of a two part article on the amended statutory guidance in Local Government Law.

Roy examines the Home Office’s amended Guidance under the Licensing Act 2003 Part 1.

Download article:  Licensing Act amended guidance

For further details about Roy Light and his practice please visit this page or contact his clerks, who will be happy to assist.

Christopher Sharp QC and Matthew White win multi-million pound highway claim

Christopher Sharp QC and Matthew White, members of our Personal Injury Practice Group have recently successfully represented the Defendant/Part 20 Claimant in a claim for significant damages arising out of a serious car crash caused by a defect in the highway. AC & DC v TR v Devon County Council [2012] EWHC 796 (QB); [2012] All ER (D) 26 (Apr).

Key points

(1) Unlike a pavement tripping claim where it is the precise location of the accident that must be considered dangerous for a claim to be made out (James v. Preseli), when a defect causes a car accident at speed, the state of repair of the stretch of road rather than any one particular spot must be considered.
(2) Whilst a highway authority can depart from the national Code of Practice in relation to inspection frequency (and, by inference, other matters), it must be able to justify any such departure if it is to make out its s.58 defence.
(3) Highway authorities ought to be keen to explore the question of whether or not compliance with the Code of Practice would have made any difference. If they can prove that it would not have done, they have a potential defence.

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

For further details about Christopher Sharp QC and his practice, please visit this page.

For further details about Matthew White and his practice, please visit this page.

If you would like any further information please contact their clerks.

Partnership and Insolvency expert Martha Maher speaks at R3’s Partnership and Insolvency Conferences 2012

Commercial & Chancery Member, Martha Maher will speak at R3’s Partnership and Insolvency Conference in Manchester (19th April), Cheltenham (10th May) and London (14th June).

Martha will talk about liabilities of partners and llP members on failure which will give an insight into the recent involvement in distressed law firms over the last 12 months and will discuss the recent case of Tiffin vs. Lester Aldridge LLP reported on 1 February 2012.

Martha acted for the administrators in the Halliwells case and her involvement in this case highlights her expertise and experience in insolvency and partnership law.

For a full programme and information on how to book your place, please click here.

For further details about Martha and her practice, please visit this page.

For further information please contact her clerks, who will be pleased to assist.

Suzanne Ornsby has recently been appointed Queen’s Counsel

St John’s Chambers’ is delighted to announce that associate member, Suzanne Ornsby has been appointed to become Queen’s Counsel.

Suzanne is a highly proficient public, planning and environmental silk with wide experience of acting for utilities, multinationals, planning authorities, action groups and individuals. She is regularly involved in statutory challenges and judicial reviews as well as promoting or opposing major proposals relating to water and electricity supply, minerals and waste, together with commercial and residential schemes buy accutane online including those affecting the built heritage. She is consistently recognised as a leader in this specialist field of work in the Legal 500, Legal Experts and in Chambers and Partners as an advocate with a “rigorous and meticulous style” who gives “great commercial advice and is a delight to work with” as well as being “a highly proficient inquiry advocate at the planning bar”.

For further details about Suzanne and her practice, please visit this page.

Family Barrister in case of mistaken identity

It was reported in The Times earlier this week that Family barrister Lucy Reed is involved in a complex family feud as an arbitration panel member.

We understand that this news report is causing some confusion.

Lucy is a family barrister and mediator, but is not an arbitrator, is not involved in the case referred to in the article, and furthermore is not Queen’s Counsel.

The Times have now amended the online version of the article and issued an apology.

Carol Mashembo is successful in high value dental negligence settlement

Carol Mashembo, member of our Clinical Negligence Practice Group, instructed by Tim Jones of Foot Anstey LLP (Taunton) has recently successfully concluded a high value dental negligence claim in the case of M v M (2011)LTLPI 14/2/2012.

Carol represented the Claimant, a 43 year old woman who sustained significant dental injuries following a dentist’s failure to treat her teeth and gums appropriately over a 20 year period. She would also always require specialist periodontal therapy and cognitive therapy treatment. The Claimant received general damages which far exceed the Judicial Studies Board Guidelines.

This case will be of use to those involved in dental negligence claims and particularly where there has been alleged negligent treatment over a protracted period from the same dentist.

The case is reported in Lawtel under citation
M v M (2011) LTLPI 14/2/2012.

For further details about Carol Mashembo and her practice please visit this page.

St John’s Chambers AvMA 30th Anniversary Charity Golf Day & Dinner

Following the success of our first charity golf day last year in aid of Headway, St John’s Chambers have decided to host another golf day in aid of AvMA for their 30th Anniversary.

This event, to be sponsored by Withy King , will be held on Wednesday 25th April 2012 at The Bristol Golf Club.

Entrants may enter a team of four, or alternatively can form a team for you. The cost is only £100 + VAT (total £120) per golfer which includes coffee and a bacon roll on arrival, 18 holes of golf and a 3 course dinner with prizes awarded in the evening.

For more details or to book your place, please download the booking form.

More information about AvMA can be found at