Profile

Paul Moulder

Called: 1997

Education
LLB (Hons) (King’s College London)


Profile:

Property

Paul is regularly instructed by landlords and tenants in relation to property-related disputes, including leasehold disputes, service charges, leasehold enfranchisement, easements, possession, adverse possession and dilapidations.His cases have included:
◦Acting for the landlord in a claim for breach of tenancy in which the tenant claimed a duty on the landlord to mitigate loss of rent (case reaching the Court of Appeal)
◦Acting for the landlord of an industrial complex in the tenants’ claim for relief from forfeiture, on the grounds of implied novation of tenancy
◦Advising on disputes in relation to commercial leases and the rights of parties on termination and assignment of leases.
◦Representing a University landowner in summary proceedings against squatters
◦Representing tenants in claims for residential possession brought in breach of terms of agreement, including on matters of dilapidations, rent arrears and other breaches
◦Defending in possession claims brought on grounds of Anti-Social behaviour allegations; claims brought under the Housing Acts 1980, 1988 and 1996

Commercial

•Paul acts for private and corporate clients in relation to contractual matters and disputes. He is experienced at dealing with insurance-related claims and disputes. He has an interest in consumer-related law and has dealt with a number of building-related disputes. His practice also deals with the statutory regulation and licensing of commercial enterprises. His recent cases include:

◦Acting for the Account holder of a bank to enforce the Banking Code and successfully defending a claim for alleged overdrafts on the account
◦Successfully obtaining an indemnity from insurers in a claim for theft loss of a vehicle when breach of warranty was alleged
◦Actions on summons to determine ownership of goods obtained by deception, concerning principles under the Sale of Goods Act and the Factors Act.
◦Acting for Licence-holders for premises and personal licences in relation to licensed premises
◦Acting for Local Authorities and Licence-holders in relation to the taxi licensing system
◦Defending against Committal proceedings brought under the Enterprise Act 2002 for breaches of compliance orders (case which reached the Court of Appeal)

Public Sector – Education

•Paul advises in the field of Education Law and is a joint editor of the Education Section of Atkins’ Court Forms.
•Paul is instructed by Local Authorities and private clients to advise and represent in a range of Special Educational Needs cases. He regularly appears as counsel in the First-Tier Tribunal of the Health Education and Social Care Chamber (formerly SENDIST). He has been instructed in cases taken on Appeal to the High Court (now to the Upper Tribunal). Paul can assist with issues concerning: Assessment; Refusal to Issue a Statement; Appeals concerning Placement and contents of a Statement.
•His cases have embraced: ◦School placement issues concerning maintained and independent, mainstream and special schools
◦Appeals concerning SEN provision, including therapies and reasonable adjustments
◦Discrimination in education services, including allegations of physical restraint, a case receiving mention in Parliament – see below*
◦Special educational needs in relation to behavioural conditions, Asperger’s and autistic spectrum disorders;
◦School transport issues
◦High Court appeal against SENDIST decision concerning the border between educational and non-educational provision and the ambit of the tribunal’s jurisdiction

•Paul advises parents, Local Authorities and schools on Admission and Exclusion matters, including appeals. He has provided training to Appeal Panels for Local Authorities.

Regulatory

•Paul’s experience with statutory regulation regimes is also useful to other professionals. He acts for registrants in front of their professional disciplinary panels. He has advised and represented doctors, other health professionals and teachers in relation to conduct and competence investigations and proceedings. As a result of his qualification and experience, Paul has been appointed to the Panels hearing cases by professions’ own bodies.

Personal Injury

•Paul acts for Claimants in Personal Injury litigation, including slipping and tripping accidents, manual handling, road traffic accidents and accidents at work. He is a Member of the Personal Injuries Bar Association. Cases have included: ◦Causation in complex cases involving back injury, diabetic tissue loss and restorative dental treatment
◦An in-depth involvement in the Credit Hire litigation, acting for both Claimant and Defendant during the evolution of the successive issues in that litigation


Reported Cases:

•Phillimore v Surrey County Council [2010] EWCA Civ 61 – appeal in Enterprise Act 2002, enforcement order breach proceedings
•Bedfordshire County Council v Mr and Mrs Haslam & Anor (2008) 1070 EWHC (Admin) – appeal against determination of SENDIST Tribunal
•Mr & Mrs Chambers v Lower Heathwood Junior School & Others (2008)(unreported) Administrative Court – successful defence discrimination allegations; appeal was withdrawn in the High Court. The case gained some notoriety in the Media and a mention in Parliament.
•WS v Governors of Whitefield School and Centre and Another [2008] EWHC 1196 (Admin) – allegations of disability discrimination rejected in 2 of 3 cases. Appeal to High Court dismissed: see [2008] EWHC 1196 (Admin)

Professional Memberships

•South Eastern Circuit;
•Surrey and South London Bar Mess
•Member of Association of Regulatory and Disciplnary Lawyers (ARDL)
•2009 – Chair of Conduct and Competence Committee, General Chiropractic Council
•2011 – Lawyer member, Conduct Committee, ACCA (Chartered Certified Accountants)
•2012 – Associate, Conduct and Competence Committee, General Medical Council

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