ProfileIan has vast experience in dealing with all aspects of Chancery and Commercial work and he regularly appears in the High Court and Court of Appeal. He has only listed officially ‘reported’ cases below and has greater experience of such matters in the County Court (and the High Court and Court of Appeal with ‘unreported’ cases) is immense.
The frequency with which he is involved in major ‘reported’ cases speaks for itself.
West Sussex County Council v Fuller -  All ER (D) 140 (Mar)
In a manual handling situation (Reg 4) where the Employer did not carry out a Risk Assessment and the previous authorities held that it was for the employer to prove he reduced the risk to the lowest level practicable and not for the Employee to prove causation the C.A. ‘clarified’ previous judgments to the effect that, contrary to the ‘understanding’ of prior judgment that was not applicable in every case and it was still for the employee to prove causation.
Incommunities Ltd v Boyd -  All ER (D) 258 (Jun)
Evidence – Hearsay. The claimant landlord issued possession proceedings against the defendant tenant. The landlord sought to rely on anonymous witness statements from three local residents. The recorder admitted the statements as evidence and found that, inter alia, the tenant was guilty of anti-social behaviour. The tenant appealed against the admission of the statements. The Court of Appeal, Civil Division, dismissed the appeal holding that the recorder had carried out the necessary evaluation exercise in an entirely proper manner and that there was no basis upon which the court could or should interfere with the judge's careful findings.
Singh and another v Akhtar (administratrix of the estate of Basharat Hussain deceased) -  All ER (D) 229 (Apr)
Easement – Right of way. The Court of Appeal, Civil Division, held that a judge had been entitled to find that the claimants had established an interference with their right of way over a disputed parcel of land. The defendant had failed to adduce any evidence to support her contention that the land had been acquired by the local authority as a highway at public expense.
Stevens v Hamed -  All ER (D) 318 (Jul)
Jurisdiction - Egyptian National - Unjust Enrichment - Immoveable property in foreign Non-EU Jurisdiction - Common Law Exclusionary Rule - Applicability
Nutting and Anor v Khaliq and Anor -  All ER (D) 58 (Jan)??
Whether a Trustees costs incurred in recovering a Bankrupts assets are ‘properly incurred’ and recoverable from the Bankrupts estate when the Trustees actions were ‘wholly disproportionate.’
Rashid v General Medical Council -  All ER (D) 318 (Oct)
Medical practitioner – Disciplinary committee – Interim suspension – Appellant doctor being suspended when facing allegations of misconduct and fraud – Appellant appealing – Whether suspension necessary, desirable or proportionate.
Akhtar v Hussain -  All ER (D) 225 (Nov)
Joint tenancy – Application to court for order for sale – Occupational rent – Parties co-habiting in property held as joint tenants – Claimant leaving property in 1997 – Claimant subsequently applying for order for sale – Judge finding parties each holding 50% of property – Sale being postponed until defendant's youngest child reaching age 18 – Defendant being ordered to pay occupational rent until sale – Whether judge erring in failing to make allowance for fact defendant only 50% owner when calculating rent – Whether claimant failing to discharge evidential burden in respect of figure for rent.
Stevens v Hamed -  All ER (D) 78 (Jul)
A forum non-conveniens and exclusionary Jurisdictional rules of the common law relating to ownership of property in Egypt and a claim for $300,000 for alleged unjust enrichment.
Naseem v Kang, Court of Appeal (Civil Division), 12 May 2011;  EWCA Civ 737
Civil procedure; Construction law; Contractors; Costs orders; Joint expert evidence; Misstatements; No order for costs
Salter v Wetton Chancery Division (Bankruptcy Court), 02 December 2011;  EWHC 3192 (Ch);  BPIR 63
Insolvency; Trusts, Bankruptcy; Transfer of assets, Burden of Proof, Trustee making Application on the basis of one large debt found to be not due and owing at a relevant time for transfer of asset, Procedural unfairness in allowing Trustee to rely upon other debts in summing up and Judgment; Inconsistent application of 'Cashflow' and 'Balance Sheet' tests for solvency.
Wilkinson v City of York Council.  All ER (D) 162 (Jan),  P.T.S.R. D39.
A Local Authorities budget restrictions or other shortage of resources has no part to play in the consideration of the statutory defence under s.58 of the Highways Act 1980.
Criminal Injuries Compensation Authority v Criminal Injuries Compensation Appeals Panel and another -  All ER (D) 160 (Dec)
CICA were wrong to refuse the Applicants loss of earnings claim for approximately £70,000
Hemingby Agricultural Traders Ltd v East Lindsey DC Upper Tribunal (Lands Chamber), 28 October 2010 - :  UKUT 390 (LC);  R.V.R. 85;
Real property; Local government; Planning; Compensation; Compulsory purchase; Listed buildings; Valuation.
Saddique v Sadiq and another C.A.  All ER (D) 28 (Mar)
Whether an unconditional court order appointing A as a Receiver over B’s assets [who had disappeared and suspected the victim of murder] permitted A to sue C for the return of B’s assets. If not who could?
Ali v City of Bradford Metropolitan District Council  EWCA Civ 1282 - All ER (D) 193 (Nov),  P.T.S.R. 1534;  3 All E.R. 348;  R.T.R. 20;  P.I.Q.R. P6;  N.P.C. 113.
Highway – Maintenance – Negligence and/or statutory duty – Claimant slipping on public highway – Highway being badly maintained and obstructed – Whether highway authority liable for breach of statutory duty and/or in negligence – Highways Act 1980, s 130
Hussain v Bradford Community Housing -  EWCA Civ 763;  H.L.R. 16, (2001) 3 L.G.L.R. 50;  A.C.D. 89; (2001) 98(20) L.S.G. 45.
Landlord & Tenant; Agreement; Date of termination; Joint tenancies; Notice; Rent; Tenancies; Variation
Midgeley v Oakland Glass Ltd -  All ER (D) 02 (Jul) Queen's Bench Division, Leeds District Registry 21 May 2009.
An appeal concerning the application of the ‘without prejudice’ rule.
Thompson and another v Collins and another -  All ER (D) 67 (Apr) Court of Appeal, Civil Division 6 April 2009.
“…Lord Justice Lloyd agreed it was a “rather odd-shaped boundary” and ruled their appeal should be allowed to progress to a full Appeal Court hearing…He said: “I have to admit that, as I read these papers in preparation for this hearing, I though it unlikely I would grant permission to appeal. But Mr. Pennock has persuaded me that there are viable grounds of appeal.”
Furmans Electrical Contractors v Elecref Ltd -  All ER (D) 97 (Mar) Court of Appeal, Civil Division 10 March 2009,  T.C.L.R. 6.
Building contract – Subcontractors – Remuneration – Claimant charging defendant daily rate for work – Dispute as to number of working hours forming basis of daily rate – Defendant refusing to pay outstanding invoices – Defendant submitting claimant overpaid on previous invoices – Judge finding no agreement as to basis of daily rate – Judge finding claim for quantum meruit – Claimant appealing – Whether claimant establishing course of conduct which could have led to contract – Whether basis on which defendant entitled to reopen issue of paid invoices.
Beechwood Construction Ltd (Creditor) -v- Nudrat Afza (Debtor) & Stan Batty (Third Party)  EWHC 2671 (ChD) (Judgment 31.10.08), Civil procedure News [White Book Service] Issue 10/2008,  B.P.I.R. 7.
The correct procedure for how to obtain a third party debt order in relation to a debtor who was a successful claimant but legally aided and against whom should it be obtained the unsuccessful defendant ordered to pay the debtor or the L.S.C.?
Gopakumar v General Medical Council -  All ER (D) 113 (Apr) Court of Appeal, Civil Division 9 April 2008, (2008) 101 B.M.L.R. 121.
The role of a Legal Assessor before a Fitness to Practice Panel in respect of a GP was not analogous to the directions that a criminal judge would give to a jury.
Legal Services Commission v Rasool -  All ER (D) 43 (Mar) Court of Appeal, Civil Division 5 March 2008,  1 W.L.R. 2711;  3 All E.R. 381;  4 Costs L.R. 529; (2008) 158 N.L.J. 414; Times, April 21, 2008.
Limitation case concerning an action to recover costs under a revoked legal aid certificate.
Mehnaz Bi -v- Sabre Insurance Co Ltd  All ER (D) 23 (Dec)
Appeal from the County Court where the successful Appellant, who won on all issues, was only awarded 60% of her costs. Guidance given on the correct exercise of discretion in relation to the award of costs.
Azam -v- Iqbal  All ER (D) 45 (Jul); (2007) ACD 88; (2008) Bus LR 168.
Concerning whether money paid to a money transfer agent ("Hawallader") which was subject to a 'freezing' injunction, obtained on behalf of HMC&R, was subject to a resulting trust or whether the payer was simply an unsecured creditor.
Accent Foundation Ltd -v- Lee  All ER 143 (Jun),  H.L.R. 3; (2007) 104(26) L.S.G. 34; (2007) 151 S.J.L.B. 806.
Whether the benefit of an injunction can be waived by one of the persons for whom it was intended to benefit.
Phipps -v- The General Medical Council, C.A., (2006) Lloyds Rep Med 345
Contrary to the previously understood position it was now incumbent upon a disciplinary panel, passing a determination upon disciplinary charges, to give adequate and sufficient reasons.
Bradford & Bingley PLC -v- Ishaq  All ER (D) 129 (Dec)
Appeal concerning the correct approach to mortgage identity fraud, mortgage indemnity guarantees, limitation and 'shortfall's.'
Phipps -v- The General Medical Council, H.C.,  All ER (D) 297 (Jul)
Appeal against the disciplinary findings against a Consultant.
R (On application of Stephenson) v Stockton on Tees Borough Council, C.A.  All ER (D) 364 (Jul);  WLR (D) 102, (2005) Times 5 September;  2 FCR 248;  LGR 135, (2005) 8 C.C.L. Rep. 517.
Appeal against the refusal of the High Court to quash the decision of the Local Authority who refused to consider an exception to their policy.
Laiquat v Majid, QBD (Leeds District Registry)  ALL ER (D) 231 (Jun) ; (2005) 26 EG 130 (CS); (2005) NPC 81.
Appeal from the County Court, concerning the proper approach to be taken to an arial intrusion and the issue of trespass.
Abbot v Will, Gannon Smith Ltd, CA  All ER (D) 36 (Mar); 103 Con LR 92; (2005) Times, 28 April ; (2005) BLR 195; (2005) PNLR 30; (2005) CILL 2225; (2005) 10 EG 154 (CS); (2005) NPC 30.
Appeal from the County Court, concerning limitation and the accrual of the cause of action in professional negligence cases.
Mortimer and another v Bailey and another, C.A.  All ER (D) 436 (Oct);  1 EGLR 75;  02 EG 102 ; (2005) BLR 85.
Appeal from the County Court, concerning the barring of injunctive relief in the context of delay.
R (On application of Stephenson) v Stockton on Tees Borough Council, H.C.  All ER (D) 127 (Oct);  1 FCR 165, (2004) 7 C.C.L. Rep. 459.
The correct approach by a Local Authority to the calculation of a disabled persons charge for care provided.
R (on the application of Gregan) and others v Hartlepool Borough Council and another,  All ER (D) 258 (Dec); (2004) Times 22 January,  J.P.L. 1088.
Judicial review of the local planning authority's decision to permit the dismantling of redundant American Navy warships, "The Ghost Ships" in Hartlepool.
Friends of the Earth v Environment Agency and Others, QBD, Adminstrative Court,  ALL ER (D) 140 (Dec) ; (2004) Env LR 31; (2004) ACD 27; (2003) NPC 153.
Judicial review of the E.A.'s decision to grant a Waste Management Licence permitting the dismantling of the "Ghost Ships".
Pickering and another v McConville, C.A,  ALL ER (D) 417, (2003) Times, 19 April, (2003) 100(21) L.S.G. 29; Times.
Appeal from the County Court, concerning the correct approach of the Court in the face of the raising of an un-pleaded issue of illegality in a construction contract.
R -v- Local Government Ombudsman ex parte Hughes, H.C. (Admin) (2001) ACD 492.
Judicial Review of the failure of the Local Government Ombudsman to adopt the correct statutory construction of sections 219 and 220 of the Highways Act 1980 ("The Advance Payments Code") and the failure of the Local Authority to obtain a deposit from a developer.
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