Recent Cases

Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch)

12 April 2022

Charles Auld was instructed by Royds Withy King in the case of Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch) (12 April 2022) where he successfully represented David Whittle in his action against his sister, Sonia Whittle in a claim of fraudulent calumny.

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Griffiths v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent) [2022] EWCA Civ 465

6 April 2022

Further to Griffiths v Tickle [2021] EWCA Civ 1882, Lucy Reed applied for permission to report the contents of materials filed by leading counsel for the father, concerning a potential breach of confidentiality of proceedings when he sent appeal paperwork to a third party organisation without permission. Lucy’s application, based upon the Open Justice Principle of journalistic right of access to report on documents relied upon in public hearings, was granted on the basis of her skeleton argument.

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Hudson v Hathway [2022] EWHC 631(QB)

24 March 2022

Zoë Saunders acted for the Appellant in the case of Hudson v Hathway [2022] EWHC 631 (QB). This was an appeal to the High Court from HHJ Ralton in a case concerning equitable ownership of a family home purchased in joint names, initially with equal ownership rights, where the unmarried parties later separated.

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Duneau v Klimt Invest SA & Ors [2022] EWHC 596 (Ch)

23 March 2022

In Duneau v Klimt Invest SA & Ors [2022] EWHC 596 (Ch), Charlie Newington -Bridges acted for the Respondent in the High Court trial of a just and equitable winding up petition relating to a French stock market listed technology company worth €9m. Daniel Lightman QC acted for the Petitioner. The 8-day trial was heard by HHJ Cawson QC in the Rolls Building. The just and equitable winding up petition had a series of unusual features, which may interest company law practitioners.

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Williams v Betsi Cadwaladr Local Health Board [2022] EWHC 455 (QB)

7 March 2022

Andrew McLaughlin has successfully defended a High Court clinical negligence claim against Betsi Cadwaladr Local Health Board brought by the widow of a man who committed suicide in the case of Williams v Betsi Cadwaladr Local Health Board [2022] EWHC 455 (QB).

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Dunbabin & Ors v Dunbabin [2022] EWHC 241 (Ch)

10 February 2022

Alex Troup, instructed by Hugh James, represented the successful claimants in the case of Dunbabin & Ors v Dunbabin [2022] EWHC 241 (Ch), a case concerning the law of severance. The main issue in the case was whether the beneficial joint tenancy of a property belonging to the parties’ parents had been severed prior to their mother’s death.

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Leeson v Mcpherson

1 February 2022

Leslie Blohm QC (leading Tom Gosling of 23 ES Chambers) has been instructed by Glaisyers in the high-profile case of Leeson v Mcpherson where he appeared for the claimants, Leesons family.

The High Court in Manchester has had to consider the sufficiency of pleadings where a civil claim is based on a serious criminal allegation, namely murder. How much detail of the allegation has to be given, and does it make a difference where the claim is based on inferences rather than direct evidence?

 

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Brown v South West Lakes Trust and others [2022] EWCA Civ 18

17 January 2022

Three members of our Personal Injury team were all successful in the Court of Appeal in a judgment handed down on 17th January 2022 in the case of Brown v South West Lakes Trust and others [2022] EWCA Civ 18, arising from a fatal car accident in 2017. This case raised issues concerning the extent of the duty of care owed to unintentional trespassers by occupiers of land adjoining the highway, and the potential liability of the relevant highway authority for the configuration of the road. The decision of the Court of Appeal can be accessed here.

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Griffiths v Tickle [2021] EWCA Civ 1882

10 December 2021

The Court of Appeal today handed down judgment in Griffiths v Tickle [2021] EWCA Civ 1882. Lucy Reed acted for the applicant journalist who wished to report the contents of a fact finding judgment delivered in the course of Children Act 1989 proceedings, and to identify the parents, where the court had made serious findings of abuse by the father against the mother.

 

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Cornish v Darnley

17 November 2021

Personal Injury barrister, James Marwick was recently successful in securing a finding of fundamental dishonesty on appeal in the reported case of Cornish v Darnley.

This case was notable because the appeal arose out of one of the first remote trials conducted in the weeks after the onset of the COVID-19 pandemic.  James was instructed both for trial and on appeal by Mark Walsh at Kennedys acting for Admiral Insurance. Kennedys have published an article here.

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Re: Christopher Jones

4 November 2021

Two-week jury inquest into the death of a man who suffered from Asperger’s Syndrome and Paranoid Schizophrenia who was detained under the MHA. He died in a fire which he started whilst he was on unescorted leave from a psychiatric hospital. The conclusion was suicide.

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Baston v Osment & Fox & others [2021]

11 October 2021

Natasha Dzameh successfully represented a claimant who had applied for removal of a lay executor and a professional executor, the estate not having been administered for circa 6 years. The application was opposed by the lay executor whilst the professional executor claimed to be neutral. The estate was administered  in the 2 years between issue of the claim and the final hearing resulting in the substantive dispute being one of costs. The main issues were whether: the claimant had in effect discontinued her claim; the claimant was entitled to her costs from the personal representatives or the estate; the professional executor was responsible for the lay executor’s costs; and the executors were entitled to be indemnified from the estate.

The executors were ordered to pay the claimant’s costs and were denied the indemnity under CPR 46.3.

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Re: Sam Pounsberry

28 September 2021

Marcus Coates-Walker was instructed by Royds Withy King to represent the family in an inquest into the death of a woman who ended her life while detained as an inpatient on a mental health ward in Devon. The Coroner heard from over 30 witnesses across 7 days of evidence, and it was concluded that there were numerous failings in her care.

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Walkden v Drayton Manor Park Ltd [2021] EWHC 2056 (QB)

23 July 2021

Andrew McLaughlin has succeeded in a 2-day High Court appeal against Satinder Hunjan QC before Mrs Justice Tipples DBE, who upheld a finding below by HHJ Murdoch that a claim for in excess of £1.5m should be dismissed on the grounds of fundamental dishonesty.

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Kabill v Walsall Council

16 June 2021

A fraudulent claimant, Mr Mohammed Yaqub Kabil was jailed for six months in contempt proceedings that flowed from a public liability multi-track trial in which Darren Lewis of our Personal Injury team secured a finding of fundamental dishonesty.

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Hughes v Pritchard and others [2021] EWHC 1580 (Ch)

15 June 2021

The High Court has recently handed down judgment in the case of Hughes v Pritchard and others [2021] EWHC 1580 (Ch) following a hybrid trial conducted in person and remotely, with some of the evidence being given in Welsh. Head of Wills & Trusts team, Alex Troup, instructed by Hugh James, acted for the successful second and third defendants.

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Re D (2021)

2 June 2021

Dominik is currently representing the respondent father in care proceedings. The case revolves around issues of neglect due to the oldest subject child being severely obese for his age. This case involves complex medical evidence and has required me to cross-examine an expert on the immediacy of health risks in respect of the subject child.

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P v D [2021]

10 May 2021

Adam Boyle acted in a week-long trial in front of HHJ Mitchell which involved various complicated agricultural law themes.

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R. (Croyde Area Residents Association) v North Devon District Council and Parkdean Holiday Parks Ltd [2021] EWHC 646 Admin

6 May 2021

Peter Wadsley was instructed by the defendant, North Devon District Council, in a case where a neighbourhood group, Croyde Area Residents’ Association (CARA), sought judicial review to quash the grant of a planning permission to Parkdean on 27th January 2014, for the use of lodges, static caravans and touring caravans at Parkdean’s Ruda Holiday Park, Croyde, Braunton Devon.

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Re: Elisa Fuller 

5 May 2021

Three-day inquest into the death of a baby who was born prematurely and died from cardiac arrest shortly after birth. The principal issue was the cause of the cardiac arrest, which the Coroner concluded was a combination of her deterioration in respiratory condition and a reaction to muscle relaxant therapy administered prior to intubation.

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