Employment – Recent cases

  • 4-day unfair dismissal case brought by a director-employee involving allegations of financial irregularity and a breach of fiduciary duties.
  • In the High Court, successfully applied for injunctive relief, including a springboard injunction, against former employees and rival companies. Thereafter successfully negotiated a settlement in favour of the client company whereby its complete loss was recovered.
  • A county court claim for a director’s payment in lieu of notice which had been withheld after the employer alleged to have subsequently discovered breaches of fiduciary duties.
  • 4-day disability discrimination case involving harassment because the employee had a hearing impairment.
  • 3-day claim including age discrimination, detriment, unfair dismissal and holiday pay. Successfully argued that a rolled up holiday pay clause was a sham.
  • Successfully negotiated at remedies stage a six-figure settlement for a Claimant who had established that her employer had subjected her to victimisation and race discrimination.
  • A county court claim involving the recoverability of finder’s fees and an allegation of breach of post-termination restrictions.
  • An equal pay case, including sex and pregnancy discrimination, involving bonus schemes in the City. A substantial settlement was obtained on behalf of the client.
  • A whistleblowing case involving a senior manager brought against a leading investment bank.
  • 8-day whistleblowing and unfair dismissal claim, where a key issue was the meaning of “in the public interest” as inserted by s.17 of the Enterprise and Regulatory Reform Act.
  • Unfair dismissal and unpaid holiday case. Successfully argued that a construction worker under a written “self-employed” contract was an employee.

Commercial – Recent cases

  • Re M: without notice injunction (settled on the return date) successfully restraining the winding up of a small football club where there was a genuine dispute over the alleged debt for development work carried out at the ground. The defence included an alleged non-disclosed conflict of interest in the construction company by the club’s former finance director.
  • Copeland v Bank of Scotland [2016] EWHC 3567 (QB): appeal against the striking out, on limitation grounds, of a counterclaim to a possession claim for knowing assistance to a breach of trust involving secured loans used to invest in a Ponzi scheme. Mr Justice Mitting stated, “She is now represented on a Direct Access basis by Mr Mukhtiar Singh who has presented her case with moderation and realism. I am grateful to him, as she should be as well”. The bank was represented by Paul Mitchell QC.
  • EE v HF & 2 other companies: claim on behalf of a specialist environmental clearance company who undertook work as part of the development of a petrol station to residential properties. The Defendants ran defences involving privity and agency, but ultimately conceded on the day of trial.
  • Bowie v Bowie: four-day multi-track trial involving an alleged loan of £200,000 to a sibling; successfully defended the case and obtained costs on an indemnity basis.
  • T v S: three-day multi-track trial involving claims and counterclaims for breach of contract and unjust enrichment, where the dispute was over the completion of renovation works and a failure to execute a commercial lease.
  • G v V: two-day multi-track trial involving a substantial loan and a counterclaim for breach of a partnership agreement.
  • Murray v Adams & Adams: successfully obtained summary judgment on behalf of the Claimant in a dispute against guarantor Defendants concerning a failed overseas investment.
  • Parking Eye v Barnett: successful application, with costs, to set aside default judgment entered for breach of contract. Argued implied terms could be incorporated thus the Defendant had a real prospect of defending the claim.
  • B v H: Three-day fast track trial involving a claim for misrepresentation, breach of contract and non-acceptance under the Sale of Goods Act 1979.

Property and Chancery – Recent cases

  • R v T: trust of land (ToLATA) case in the First Tier Tribunal Property Chamber where the Applicant alleged a beneficial interest in property (which was in his ex-partner’s sole name) by virtue of disputed contributions to the purchase price and for renovation works
  • 23 Dollis Avenue (1998) Ltd v Vejdani and Echraghi [2016] UKUT 365 (LC): appeal regarding the consultation requirements for major works; and the interaction between s.19(2) and s.20 LTA 1985.
  • A v Barons Bridging Finance Limited; Reddy Corporation Limited; and Barons Finance Limited [all in liquidation] (this case is linked to Re Gopee [2014] EWHC 138 QB). A complex application in the county court to remove charges and restrictions on properties on the basis that the loans provided were in breach of various provisions of the Consumer Credit Act 1974. The Applicant was provided permission to proceed against the companies in liquidation under s.130 of the Insolvency Act 1986 and the application was successful with costs awarded.
  • O v R: successfully defended a claim for disrepair and failing to protect a deposit.
  • H v H: a case concerning whether a duty of confidence was owed to a deceased.
  • V v S: three-day multi-track trial involving a boundary and party wall dispute with allegations of trespass, negligence and nuisance.
  • A v H: two-day unlawful eviction multi-track trial. The Claimant tenant made a number of allegations against inexperienced landlord Defendants, including breach of covenant; harassment; trespass; and conversion. The Defendants counterclaimed for unpaid rent and misrepresentation.