16 December 2019
Alex acted for the third defendant who challenged the validity of her late mother’s will and, in the alternative, pursued a proprietary estoppel claim against the mother’s house. The proprietary estoppel claim succeeded, with the trial judge (HHJ Matthews) stating that “In my judgment, this is a paradigm case in which the expectation of the third defendant created by the promise of the deceased should be made good”. As a result the judge declared that the property should be transferred to the third defendant or her nominee. In a separate costs judgment the Judge made a substantial costs order against the claimant.
14 November 2019
Zoe Saunders successfully represented the father in this matter at final hearing in the High Court, resisting an application for leave to permanently remove the child to Kazakhstan. Zoe has particular expertise in cases involving an international element and international relocation cases are often complex and difficult.
13 November 2019
Andrew McLaughlin successfully defended a claim for damages arising out of a fatal road traffic accident in which the claimant motorcyclist, Mark Gilbert, collided with a cyclist, the late Stuart Payne. Mr Gilbert suffered very serious personal injuries for which he sought to claim hundreds of thousands of pounds from the estate of the deceased.
The court found the claimant was fundamentally dishonest in giving multiple accounts of what had happened, which varied depending on the audience to whom he was speaking.
30 September 2019
Andrew McLaughlin, ranked in the Chambers UK industrial disease spotlight table, has successfully defended a public house in Manchester against an occupational disease employers’ liability claim brought by a former chef who alleged he was exposed to aspergillus fumigatus mould spores over several years. He claimed to have developed acute invasive aspergillosis, a life-threatening condition, and occupational asthma.
16 September 2019
Personal injury barrister, James Marwick, secured the dismissal of a £200,000 personal injury claim brought against the City of Wolverhampton Council after a two-day trial before Recorder Benson QC earlier this month at the Birmingham Civil Justice Centre in the case of PH v City of Wolverhampton Council.
28 August 2019
Nick Pointon acted in a successful application for the construction and rectification of two standard form trusts of life assurance policies. The proforma trust instruments contained numerous omissions, including a failure to identify the duration of a power of appointment and the individuals to benefit in default of its exercise. The Court was satisfied as to the settlor’s intentions by virtue of a history of similar trusts, revealing a pattern of dispositive intent sufficient to warrant rectification.
27 August 2019
Andrew McLaughlin has successfully defended a clinical negligence claim against a professor of colorectal surgery who was accused of dividing a ureter of a patient during laparoscopic surgery to remove cancer from his bowel which was found in the rectum. Andrew was instructed by Cwm Taf University Local Health Board, and the case was heard over 3 days from 20th to 22nd August 2019 in Cardiff Civil Justice Centre by the Designated Civil Judge for Wales HHJ Harrison.
9 August 2019
Oliver appeared for the successful respondent to an appeal dealing with the effect of the CRO regime under CPR Part 3 on the statutory requirements for the presentation of a bankruptcy petition and an application to set aside a statutory demand under Insolvency Act 1986.
11 July 2019
Asha represented the local authority at this IRH when there was unexplained bruising to the non mobile baby following the parents leaving the parent and child placement, the court having found in relation to a previous child that the father had inflicted injury and the mother failed to protect. Both parents were conceding adoption but the difficult issue of threshold and a potential fact finding hearing regarding the injuries remained. Asha drafted a final threshold and skeleton argument regarding the complex medical evidence and the proportionality of a further fact finding hearing in relation to the more recent injuries.
9 July 2019
Asha represented the mother in this complex multi day private law fact finding hearing. She secured multiple findings against the father of significant verbal and physical abuse and rape. The judge commended Asha for her written submissions and frequently quoted from them in his judgment.
10 June 2019
Oliver appeared for the Claimant in a Beddoe application. HHJ Paul Matthews reviewed authorities dealing with the principles in making Beddoe orders where the underlying claim was in substance between beneficiaries who could make their own mind up, and declined to make an order.
16 April 2019
Asha represented the father at this final hearing before the DFJ following a fact finding hearing when her client was found to have inflicted serious brain damage on one of the children. She drafted a skeleton argument and made submissions regarding applications to terminate his parental responsibility and change the children’s names.
9 April 2019
Matthew White was instructed to act on behalf of Cancer Research UK in Shelbourne v Cancer Research UK  EWHC 842 (QB), the latest case on the scope of an employer’s vicarious liability for the acts of workers. The claimant’s attempt to extend the boundaries of vicarious liability beyond those in Bellman v Northampton Recruitment Limited  EWCA Civ 2214 was unsuccessful. The employer was not held vicariously liable when one worker assaulted another on the dancefloor at a Christmas Party.