| - BSB v A Barrister [2010] June, Bar Disciplinary Tribunal (5 person).
(Allegation of dishonesty, mitigation, successfully urged suspension rather than disbarment). - Office of the Immigration Services Commissioner v J [2010] First Tier Tribunal, Regulatory Chamber.
(Allegation of breach of OISC Code of Standards, "sting" carried out by The News of the World newspaper (the "Fake Sheik"), clandestine filming, entrapment and enticement, whether proceedings an abuse of the process). - SRA v E and C [2010] Solicitors Disciplinary Tribunal.
(Managing Clerk raided client account of £ 200,000, partners strictly liable in conduct, breaches of Solicitors Accounts Rules, plea bargain, financial penalty). - The Governing Council of the Cat Fancy v H [2010] GCCF, London.
(Cat shows, private club, contractual incorporation of rules of natural justice, altercation at cat show with duty veterinary surgeon who disqualified champion Siamese cat for alleged respiratory illness, prosecution of client before disciplinary committee for alleged discreditable conduct, contested trial, client acquitted of charge). - Bar Standards Board v A Barrister [2010] March
(Charges of professional misconduct, charges successfully struck out and/or BSB forced to amend to reduce seriousness and breadth). - Private Car Services v K [2010] Feb, Central London County Court
(Chauffeur of a celebrity; restraint of trade, whether covenant enforceable, whether damages for “reflected loss” being claimed, whether s. 2 of the Competition Act 1998 applicable, whether an account of profits available in a claim for breach of contract). - Virdi v The Law Society/Solicitors Regulation Authority, The Solicitors Disciplinary Tribunal intervening [2010] 3 All ER 653, CA
(Appeal by solicitor, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor - whether apparent bias ?). - Bar Standards Board v M [2010] January
(Barrister immigration specialist charged by BSB with advertising for immigration work on a direct/public access basis; BSB had in the meantime approved Code of Conduct changes allowing immigration work under the Bar Public Access scheme; written submissions drafted by Marc Beaumont as to this and other issues; on receipt of those submissions, BSB offered no evidence). - General Medical Council v J [2009] September
(Defended at trial of allegations against GP; witnesses in fear; GMC sought to rely on their written statements as the decisive evidence; application successfully opposed and charge dismissed). - Whiteaway Laidlaw Bank v R [2009] 11 August, Bankruptcy Registry, Birmingham.
(Insolvency. Successful defence to Petition on the basis of : (a) an arguable breach of section 86C of the Consumer Credit Act 1974, (b) triable issues of fraud and (c) a mis-statement in the Petition about security; whether "security" in rule 6.25 of the Insolvency Rules 1986 includes an arguably valueless Legal Charge; whether "running-account credit" can arise by implication where overdraft facilities are extended retrospectively ). - GMC Collections v Singh [2009] CLCC, 28th July (HH Judge Collins CBE)
(Re-litigation, consumer credit, improper execution, issue estoppel, abuse of process, Johnson v Gore-Wood, limitation period for allegations of improper execution, successful strike-out application). - Solicitors Regulation Authority v A Solicitor [2009], Solicitors Disciplinary Tribunal
(successful vitiation of subjective test of dishonesty in Twinsectra by fear of threat against solicitor). - G v Metropolitan Police Commissioner [2009] Central London County Court, 12th June
(Policeman; disciplinary proceedings which were wrongly brought; Policeman mentally ill; wrong diagnosis by Doctors; MPC's duty of care to policeman; definition of duty of care; whether non-delegable; I successfully resisted MPC's strike-out application). - K v General Dental Council [2009] Lawtel, 5th May
(Appeal by dentist against suspension by GDC; GDC appoints those who appoint PCC panel members; GDC also prosecutes dentists before PCC; whether system of appointments of PCC panel members by GDC indirectly, engages the doctrine of apparent bias; whether GDC a judge in its own cause; chairman of PCC panel a recent elected member of GDC; whether chairman automatically disqualified; application of Pinochet doctrine). - Virdi v The Law Society, The Solicitors Disciplinary Tribunal intervening [2009] Lawtel 1st May.
(Appeal by solicitor from SDT, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor - whether apparent bias ? Delay of 12 months in SDT delivering detailed findings, held to be an inordinate and inexcusable violation of Article 6 of the ECHR). - Manning v Her Majesty's Revenue & Customs [2009] 6th January
(Bankruptcy Petition based on agreement to pay tax; allegation by client debtor that agreement procured by threat by HMRC to extend investigation over another 8 years of trading; need for trial; Petition dismissed with costs against HMRC). - Talley Group v NHS [2008] December
(NHS Trust; £1 million contract for supply of pressure mattress systems; threatened withdrawal by Trust; I negotiated with the Trust to rescind their withdrawal; settled case within 48 hours of dispute erupting). - P v Hertfordshire County Council [2009] Lawtel, 30.1.09
(School closure; judicial review; Closure Notice failed to show how closure would improve SEN provision for SEN children; Closure Notice held to be invalid; closure decision quashed. Defect I identified will affect closures across England & Wales). - Okoronkwo v The Law Society [2008] EWCA Civ 1572 (Bailii) 9th December, Court of Appeal
(Scope of Section 43 of the Solicitors Act 1974; effect of Advocate's disavowal of dishonesty allegation; standard of proof) - Solicitors Regulation Authority v A Solicitor [2008] October
(Defended a solicitor accused of dishonesty; negotiated plea bargain whereby dishonesty allegations withdrawn) - Greenergy SA v Memphis Biofuels LLC [2008] EWHC (Commercial Court) 2nd Sept
(Conflict of laws; supply of biofuel from the USA; service out of the jurisdiction; CPR Part 6 r. 20(5); whether e-mail contract made in England or Tennessee; convenience of forum; material non-disclosure in ex parte application; Proper Law of the contract; Rome Convention; ) - Bar Standards Board v S [2008] July
Defended Barrister accused of dishonesty. Internal Chambers dispute. Acquittal. - Snopek v Urang Ltd [2008] EWHC 1213 (Ch), Lawtel 23rd May
(Insolvency; construction dispute; appeal against bankruptcy order; interaction of bankrputcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang) - Law Society v Sheikh [2008] June, SDT
(Disciplinary proceedings; solicitor; abuse of process; breach of natural justice; contention that Law Society's scheme of investigation and adjudication unlawful without a procedural code) - Solicitors Regulation Authority v O [2008] Lawtel, 16th June
(SDT findings under s. 43 of the Solicitors Act 1974 against a Barrister who set up and capitalised a firm of solicitors; whether he was "employed or remunerated" by the firm; SDT purported to convict Barrister; appeal to Divisional Court; SDT Order quashed) - Patel v GMS Norwich Ltd [2008] 14th January, Court of Appeal
(conveyancing; purchaser paid too little to vendor as vendor's solicitor mistakenly asked for too little to effect completion, mistakenly accepted the lower sum and mistakenly paid the correct, larger sum to the vendor out of other client funds; vendor sued in damages for balance of purchase price, but had already received it, by mistake, from his negligent solicitor; defence of "no loss;" vendor then repaid the overpayment to his negligent solicitor having retained it for 5 months in order to contrive a loss; whether vendor could recover that loss ?) - Law Society v. V [2007] October
(One of the longest cases ever in the Solicitors Disciplinary Tribunal, 15 day trial, Defence of Senior Partner of firm accused of fraud, dishonesty and money laundering, acquittal on dishonesty charges, striking-off avoided) - SR v Kent County Council [2007] ELR 648, Lawtel, 21st September
(Education, racist bullying, child withdrawn from school, LEA offered same school or school distant from home, whether discharge of LEA duty under s. 19 of the Education Act 1996) - Goodchild v Bradbury & Hillier [2007] WTLR 463, Court of Appeal
(Gift of land; presumption of undue influence; whether rebutted by donor's confession that not placed under any pressure; whether third party transferee of land had constructive notice.) - Dr T.S Goel v R. Pick (Trustee in Bankruptcy) [2007] 1 All ER 982 ; [2006] Lawtel 12th April, Ch D; [2006] RTR; [2006] The Times; [2006] BPIR 827.
(Insolvency; assignment of choses in action; disposition of property; number plates; preferences; purported transfer of vehicle registration mark; ownership of mark; s.340 Insolvency Act 1986; Retention of Registration Marks Regulations (1993)) - GE Capital Bank Ltd v Rushton & Jenking [2006] 1 WLR 899, [2005] EWCA Civ 1556, [2005] Lawtel, 15th December, [2005] The Times, 21st December, Court of Appeal.
(Consumer Law; Sale of Goods; Hire Purchase Act 1964; title to goods; protection of private purchasers; meaning of "carrying on a business;" single commercial venture; bona fide purchaser without notice) - J and B v Governors of H School, [2005] Lawtel, 2nd September, Court of Appeal.
(school exclusion, fights and serious injury; bullying of assailant;Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party; absence of reasons of Judge below.) - R (Energy Financing Team Ltd) v Serious Fraud Office, GML International Ltd (Interested Party) [2005] All ER 285, Lawtel 8th August.
(Foreign proceedings, international fraud, mutual assistance, SFO, search warrants far wider than overseas request, judicial review, specificity of warrant, s.2 Criminal Justice Act 1987, ECHR, formal Guidance from Divisional Court) - P v The General Council of the Bar [2005] Lawtel
(The case which established that it is unlawful for a Bar Disciplinary Tribunal to include serving members of the PCC- acted pro bono as Junior Counsel at trial) - BJ and MB v Governors of H School [2005] All ER (D) 274 (July)
(school exclusion, fights and serious injury; bullying of assailant; Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party - Shah v Lamberts Solicitors [2004] All ER (D) 66 (Mann J 6.10.04)
(Insolvency, costs, IA 1986, s. 366, lien for unpaid fees) - M v Worcestershire CC [2004] Lawtel 27th April
(SEN, breach of s. 19(1) Education Act 1996, assurances of provision broken) - Di Placito v Slater [2004] 1 WLR 1605 CA, The Times 29th Jan, [2003] Lawtel 22nd December, New Law 23.12.03.
(application of CPR to modification of undertaking; relevant test) - Di Placito v Slater [2003] NLP 20th March, Lawtel 24th March
(Probate action; strike out for breach of undertaking, abuse of process, extension of time) - Hill Samuel Personal Finance v Grundy [2002] CL Aug
(CPR Part 51.19, automatic stay, strike out) - Louden v Bury School Organisation Committee [2002] Lawtel 19th December
(Constitutionality/illegality; bias of Chairman; evidence ignored; conduct of SOCs) - Boulton & Andrew v Leeds School Organisation Committee [2003] ELR 67, [2002] The Times, 22.10.02
(Final hearing) - Boulton & Andrew v Leeds School Organisation Committee [2002] EWCA 20th June, Lawtel, CA
(school closure, right of objectors to appear before SOC, scope of SOC´s duty to hear objections orally, natural justice, locus/whether pupils can be the applicants; abuse of process;) - London Borough of Islington v Michaelides [2001] Crim LR 843, [2001] LTL 15/6/01, Divisional Ct
(Planning, breach of Enforcement Notice, autrefois acquit inapplicable where previous acquittal secured by improperly obtained certificate of lawful development) - Thornberry v Coleman [2001] All ER (D) 357, [2001] LTL 28/9/01, CA
(Slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company ) - Reg v Kingston Upon Hull MBC ex parte Rhodes [2001] ELR 230
(s. 13 Education Act 1996, breach of statutory duty, judicial review) - Reg v Kirklees MBC ex parte Beaumont [2001] ELR 204
(Local Government, bias, non-pecuniary interest, leading case on circumstances in which a Councillor must recuse himself from a Council vote) - Birmingham Midshires v Sabherwal [2000] 80 P & CR 256, CA
(Overreaching, ECHR Article 8, undue influence, subrogation) - Ocwen UK v Travis [2000] Current Law, Aug
(strike out/limitation period for extortionate credit bargain claim) - Reg v Sheffield CC ex parte McCloskey [2000] ELR 85
(school admissions) - Leheny v Allied Irish Bank [1999] BPIR
(Appeal against Bankruptcy Order, equitable set-off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985) - Reg v Rotherham MBC ex parte Tomlinson & Ors [1999] ELR 500, [2000] ELR 76, CA
(s. 411(5) Education Act 1996, lawfulness of catchment areas, Greenwich decision, out-catchment applicants) - Reg v Sheffield CC ex parte Hague and others [1999] ELR 242 & 511, CA
(A leading case on school admissions, Section 411 Education Act 1996, conduct of appeals, whether Appeal Committees can take into account anterior unlawfulness of policy) - Hurstanger Ltd v Wood & Wood [1999] CL June
(following FNB v Ann and Hustanger Ltd v Ricketts above, strike out/limitation period for extortionate credit bargain claim) - Abbey National plc v Tufts [1999] 2 FLR 399, CA; [1999] EGCS 24
(mortgage fraud, LPA Section 199, reasonable inquiries, application of Quennell v Maltby test) - Reg v London Borough of Redbridge ex parte Benning & ors [1999] 6 Ed CR 959
(School admissions, s. 411 Education Act 1996, catchment areas and ECHR) - Barclays Bank v Clifton [1998] BPIR 566
(personal insolvency; mortgage fraud; agency; setting aside statutory demand, nature of appeal to single Judge of the Chancery Division.) - Hill Samuel Personal Finance v Grundy [1997] All ER (D) 81, CA
(Unless Orders / Hytec Information criteria) - Reg v Rotherham MBC ex parte Clark & others [1998] 2 ELR 152, CA
(education; leading modern case on school admissions; judicial review of school admissions policy based on catchment areas rather than parental preference; s. 411 Education Act 1996) - Hurstanger Ltd v Ricketts [1998] CCLR 5, [1997] 1 CLY 962
(following FNB v Ann above, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process) - Popat v Shonchhatra [1997] 1 WLR 1367, CA, [1997] 3 All ER 799
(division of post-dissolution partnership profits) - First National Bank v Ann [1998] CCLR 1, [1997] 1 CLY 963, February,
(limitation period for extortionate credit bargain claim) - Re Jayham Ltd [1995] 2 BCLC 455
(Restoration to Companies Register/s.653 Companies Act 1985) - S v W [1995] 1 FLR 862, CA
(a leading case on s. 11 of the Limitation Act 1980; action for damages for childhood sexual abuse/limitation) - Jones v Jones [1993] 2 FLR 377, CA
(Committal) - Abbey National B.S. v Cann [1991] 1 AC 56, HL, [1989] 2 FLR 265 CA
(a leading case on overriding interests, LRA s. 70(1)(g); equitable subordination) - Doble v Haymills [1988] The Times, 5th July, CA, [1988] Sol Jo 1063
(writ extension)
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