Recent Cases

AY v AS [2019] EWHC 3043 (Fam)

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.

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Gilbert v Payne

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.

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Re McLean

1 November 2019

Emma Zeb was acting for G4S concerning death in custody. Article 2 inquest.

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Re Woods

1 October 2019

Emma Zeb was acting for the MOJ concerning the suicide of a woman being held in a secure hospital.

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Paul Brady v Hare and Hounds

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.

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PH v City of Wolverhampton Council

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.

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Re Stoneman

1 September 2019

Emma Zeb was acting in a 2 week Article 2 inquest – death in custody.

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Armstrong v Armstrong & Sutherland [2019] EWHC 2259 (Ch)

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.

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Howells v Cwm Taf University Local Health Board

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.

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Erkan Kutuk v North Somerset Council

13 August 2019

Concern over complaints of aggression and a complaint of inappropriate sexual language to a lone female passenger led to the North Somerset Council licensing committee revoking a driver’s private hire licence with immediate effect.

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Webster v Ashcroft [2019] EWHC 2174 (Ch); [2019] All ER (D) 49 (Aug)

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.

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A LA v C

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.

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L v T

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.

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Barlow v Wigan Council [2019] EWHC 1546 (QB)

25 June 2019

Summary

The decision in Barlow v Wigan Council [2019] EWHC 1546 (QB) appeared on Lawtel today (25/6/19). I represented the successful claimant/ appellant. I also represent a lot of highway authorities and I’ve had a number of calls/ emails from people concerned that this case will have a big impact on local authorities. Don’t panic. The case does nothing surprising. I explain below what it does and how highway authority defendants can avoid the same problem. The basic message is that Highways Act 1980 s.36(2)(a) does what it says on the tin: a highway constructed by a highway authority is highway maintainable at public expense (“[email protected]”). The vital questions in any case are (a) was it a highway at the time of the accident?; and (b) was it constructed by a highway authority? It doesn’t matter when it was constructed, or what the highway authority’s intention was when they constructed it. Nor does it matter whether it was constructed by a council exercising a highway (as against any other) function. If it is a highway and if it was constructed by a highway authority, it is [email protected] and a duty us owed under s.41 of the Highways Act 1980. The risk that the case highlights for highway authorities is that there might be highways in their area that were constructed by them or their predecessor highway authorities which they have not realised are highways (and therefore [email protected]).

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Lines v Wilcox [2019] EWHC 1451 (Ch), [2019] WTLR 927, [2019] Costs LR 1215

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.

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Re: Abrahart

3 May 2019

Vanessa represented the University of Bristol at the inquest of  bristol student Natasha Abrahart who took her own life on 30th April 2018. The inquest was heard over six days at the Avon Coroner’s Court.

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Re: Mussard

18 April 2019

Marcus Coates-Walker acted for HMP Parc. The Coroner concluded that Mr Mussard’s death came about as a result of natural causes.

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GCC v A v R

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.

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Shelbourne v Cancer Research UK [2019] EWHC 842 (QB)

9 April 2019

Matthew White was instructed to act on behalf of Cancer Research UK in Shelbourne v Cancer Research UK [2019] 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 [2018] EWCA Civ 2214 was unsuccessful. The employer was not held vicariously liable when one worker assaulted another on the dancefloor at a Christmas Party.

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A v A

8 April 2019

Asha represented the mother in this private law matter when the s7 author had concluded that she was alienating the child from her father and a transfer of residence could be considered. Over a number of hearings, Asha engaged in skilful pre-hearing negotiations and submissions in court. The case concluded with the s7 author agreeing that the mother was no longer alienating the child but promoting contact and the court made no order with regards to contact on the basis that the mother could properly manage this going forward.

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