Barrister Profile

Profile

Specialises in Professional Negligence (solicitors, surveyors, architects, accountants, insurance brokers, etc); Property; Building and Construction; Defamation; otherwise general civil work (including insurance and 'soft' commercial litigation).

Appointments

2003 - Appointed Deputy Master to the Queens Bench Division
2003 - Appointed Deputy District Judge (Midlands Circuit)

Areas of Practice

Professional Negligence
Barristers and solicitors (including prosecuting and defending in disciplinary tribunals), architects, engineers, surveyors and valuers, insurance brokers, accountants, medical practitioners.

Civil and Commercial Disputes
General contract, insurance, arbitration, banking, guarantees, trusts, and property, partnership and shareholders disputes, as well as some personal injury. Emergency remedies inlcuding freezing injunctions and search orders.

Cases of interest include:

• Walker v Kenley (Ch Div, Jan/Feb 2008) construction of property purchase agreement/Consent Order in relation to a category of planning permission

• Bristol & West v Brooks (Cardiff County Court, January 2008)  construction of mortgage deed and power to take possession on default

• Emriclands v Miah  (Bournemouth County Court, October 2007) %u2013 issue of liquidated damages or penalty in legal charge

• Nahome v Last Cawthra Feather  (Ch Div, November 2007) - solicitors%u2019 negligence (duty of care, summary judgment + interim payment)

• Emriclands v Southerington  (Southampton County Court, March 2006 + briefly in Court of Appeal) %u2013 borrower acting under undue influence, effect on mortgage lender

• LTE Scientific Ltd v Thomas (Ch Div, Dec 2004 / January 2005) preliminary issue of construction and effect of ex-employees covenants + contempt of court

• Recent advices for various lender clients on construction and effect of Consumer Credit Acts 1974 and 2006

• Courtney v. Corp Ltd - [2006, CA] - agreement to create interest in real property - how to apply section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

• Keynejad & Anor v. Kynejad - [2004, Ch D] (Proceeds of Sale, Formation of Contract) LTL 7/4/2004

• Aharon Nathan v. (1) ZVI Smilovitch (2) Queenscroft Investments Inc - [2002] EWCA Civ 1607 (identification of properties included in a joint venture agreement to purchase, refurbish and let or re-sell properties) - Led by Colin Edelman QC

• Somerfield Corporation v. Heneghan - [2000, Ch D] (obtained general damages under a Mareva cross-undertaking)

• Allied Arab Bank v. Hajjar - [1988] QB 944: (international company/banking fraud, tort of conspiracy and constructive trusts)

• In re a Debtor (No 620 of 1997) - (1998) The Times, 18 June: costs and statutory demands

Construction
Contractual disputes arising out of construction works, involving employers, contractors, architects and surveyors.

General common law, including Libel (including 14 years as part-time libel adviser for The Observer).

Cases Include:

• Gilboy v Care And Administration Management Services Limited (Trading As Kindercare) (QBD, April 2007) specific disclosure in libel action

• Seress-Smith v. Purdew - (absolute privilege in libel)

Seminars & Lectures

Available to give seminars on a variety of topics. Examples include:

Choice of jurisdiction clauses in international contracts, and the Brussels Convention

Malicious falsehood/trade libel

Interim Remedies under the CPR

Lectures and tutorial sessions on High Court advocacy

Professional Membership

Combar, PNBA, London Common Law and Commercial Bar Asssociation

Additional Information

1981-1988 - Chambers of Richard Slowe, 4 Kings Bench Walk

Education

Balliol College, Oxford (Brackenbury Entrance Scholarship) - 2nd class Honours degree in P.P.E.
Clifton College, Bristol