As the seasons change, so too does the landscape of our endeavours. So, we wanted to share some of the highlights we’ve experienced over the last few months, which we hope will be of interest.
We wish everyone a very merry Christmas and a prosperous new year!
NEW ARRIVALS & FOND FAREWELLS
The B&P group continues to grow both in reputation and in number. The second half of 2023 has seen us welcome the highly regarded Michelle Caney, Anya Newman, David Nuttall, Harry Marriott and Eloise Marriott into our ranks, along with Angus Thomas following the successful completion of his pupillage.
We also had a new face arrive on the clerking desk, with Ross Hands becoming our new 1st Junior.
At the other end, the group lost a long-serving and formidable member in Andrew Charman who was appointed as a Circuit Judge in November.
RECENT WORK
Commercial
John Randall KC and Rob Mundy were successful in the Court of Appeal by opposing an appeal in Gill v Thind, which challenged the trial judge’s finding that the appellant held shares in a care-home company on oral trust for his grandchildren. The Court unanimously dismissed the appeal. John and Rob, had acted in the 11-day trial as well we multiple interim hearings.
Ali Tabari obtained a worldwide freezing order against Persons Unknown in a case involving a sophisticated multi-million pound banking impersonation fraud; and Norwich Pharmacal Orders against the banks into which the stolen funds were diverted. The applications were heard urgently and ex parte before HHJ Rawlings and as a result, 40 defendants were identified, in the UK and abroad.
Ali also obtained another ex parte Order, this time from HHJ Worster, with respect to a large-scale fraudulent invoicing scheme. The defendant’s servers and devices were subject to an urgent Imaging Order, which was executed across 5 days and has preserved historic records for the purposes of Extended Disclosure.
Christopher Buckingham wrote an interesting article on the law on admissions under CPR 14.
Property
Michelle Caney, led by Mark Anderson KC, represented the successful First Respondent in Wolverhampton v London Gypsies & Travellers. In this landmark judgment, the Supreme Court ruled it had jurisdiction to grant a new form of injunction: The Newcomer Injunction. Such an injunction is capable of binding persons who are unknown and unidentified at the date of the grant of the injunction, and who have not yet performed, or even threatened to perform, the acts which the injunction prohibits. Please read Michelle’s note for further details.
Michelle’s success in the Supreme Court followed her success in the Court of appeal, a month earlier in Dudley v Mailley.
Iqbal Mohammed acted in 5-day trial involving a novel claim under Stack v Dowden. Unusually, the claim did not involve cohabitation but a committed relationship arising out of an Islamic marriage. Iqbal’s client claimed that she had agreed to the marriage on the promise of a property, which was later purchased by her husband in his name. Judgment is expected in February 2024.
Amanprit Kaur acted for 3 three claimants in a 4-day trial in Birmingham in a difficult dispute between neighbours; it involved claims of trespass, nuisance and, usually, breaches of articles 5 and 6 of the GDPR based on the Defendant’s use of CCTV. Judgment is expected in the new year.
David Nuttall successfully acted for the claimant on a 3-day commercial boundary dispute, which involved an encroachment on to an industrial unit. At trial, the defendant accepted that an encroachment had occurred, making the sole issue became one of remedy. The Court concluded that the defendant had acted in reckless disregard of the claimant’s property rights and ordered that the extension be demolished.
Raghav Trivedi acted for beneficiaries of a will, seeking an order for possession, occupational rent and sale against an individual residing at the property for forming part of the estate. Raghav was successful in persuading the court to grant the relief sought.
Anthony Verduyn acted in a 5-day trial in Aberystwyth dealing with no less than five separate references to the land registration division of the first-tier tribunal, property chamber, concerning land in Snowdonia National Park. The litigation managed to involve not only adverse possession, determined boundaries and easements, but also the interpretation of a “final” order made in 2011 in the forerunner of the same dispute.
COMING SOON
For those of you that can’t wait to get back to work in the new year, we’re opening the seminar season early for 2024 with something a little different.
“Mandatory ADR – choosing the right process for the right case.” Breakfast Seminar Wednesday 17th January 2024.
NOTABLE DECISIONS
Commercial
Ntzegkoutanis v Kimionis & Ors [2023] EWCA Civ 1480, the Court of Appeal held that a petitioner may seek relief in favour of a company through an unfair prejudice petition instead of bringing a derivative claim
The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm), the High Court set aside an arbitral award on the grounds that it was obtained by fraud and serious misconduct by lawyers
Glaser & Anor v Atay [2023] EWHC 2539 (KB), the Court held that the payment terms of a contract with counsel under the direct access scheme were unfair under the Consumer Rights Act 2015, relieving the client of the obligation to pay £124k of the fees charged
Insolvency
Khan v Singh-Sall & Anor [2023] EWCA Civ 1119, the Court of Appeal considered, but did not decide, whether time for the purposes of limitation, runs during bankruptcy which is later annulled
Brake & Anor v The Chedington Court Estate Ltd [2023] UKSC 29, considers whether under s303(1) Insolvency Act 1986, bankrupts have standing to challenge transactions entered into by their trustee in bankruptcy
AND FINALLY…
Counsel’s Corner
As well as his expertise in real estate, Anthony Verduyn is renowned (in chambers at least) for his expertise, and taste, in wine. So for the holidays, Tony recommends Parcel Series Central Otago Pinot Noir 2022 (Majestic Wine £14.99), a flavoursome steal that will pair with almost all dietary requirements (turkey, fish and vegetarian) and none. Then for dessert he’ll be enjoying his Xmas pudding with a bottle of Bodegas Hidalgo ‘Triana’ Pedro Ximénez (same place, £13.99), “like liquidised raisins”, and also wonderful poured on ice cream. Enjoy!
