Notable Cases

Adverse Possession

  • Andrew Tutton v Kingston, Property Chamber, Land Registration First-Tier Tribunal – Ref/2022/0181 [2023]. Acted for the Applicant who was awarded title. Full details here.
  • Pauline Climpson and Patricia Whitehead v Philip Bush, Property Chamber, Land Registration First-Tier Tribunal – Ref 2022/0344 [2023]. Acted for the Applicants who were awarded title. Full details here.

Contested Probate

  • Penelope Trott v Ian James McMurtry Bristol District Registry, Queen’s Bench Division, In the High Court of Justice – BS350239 [2003]
  • Dorothea Barbara Mary Lane -v- Valerie Ann Lane and Sarah Amanda Lane, Bristol District Registry, Chancery Division, In The High Court Of Justice – 8BS30780. Claim under The Inheritance (Provision For Family And Dependents Act) Act 1975. Acted for Claimant, the widow of the Deceased. Estate worth approximately £1.6 Million.

Contract and Insurance

  • Allianz Insurance Plc v First 4 Lawyers Limited. In the High Court of Justice, Queens Bench Division, Mercantile Court – LM- 2015- 000147. Acted for Claimant Insurer. Claim settled shortly before trial at the Commercial Court in London.
  • Herridge –v- Parker and Allianz Insurance Plc – [2014] Lloyd’s Rep IR 177. Acted for the insurer in the successful defence of an application by the Defendant for costs against Allianz Insurance Plc who had been the after the event insurer. The claim was brought for an order against Allianz Insurance Plc as a non-party under Section 51(iii) of the Senior Courts Act 1981. This was the first reported case involving such an application against an ATE insurer.
  • Allianz Insurance Plc -v- RWPS LLP acted for the Claimant insurance company against Defendant firm of solicitors for alleged breaches of terms of business agreement in connection with after the event legal expenses cover provided by the Claimant to clients of the Defendant. Settled on confidential terms. Accident Exchange Limited v George Broom and Others [2015] EWHC 2205 (Admin). Acted for Second Defendant in this high profile Divisional Court action which was heard by Mrs Justice Nicola Davies and Lord Justice Laws. Application made unsuccessfully for a strike out of claims against our client and three other Defendants.
  • Margaret Joan Broom -v- Rok Development Limited Bristol District Registry, Chancery Division, In the High Court of Justice – 8BS30779. Acted for Claimant, retired farmer’s wife who claimed breach of contract against Defendant developer for failure to complete on agreed purchase of development farmland. Contracts exchanged at a figure of £2.3 million. Claim settled on confidential terms.
  • Barrak A L Mandeel v Abdul Karim Al–Akber – 1988 – M – 5022
  • Chinacraft Ltd v Plumb Contracts Ltd 1990 – ORB – C-650
  • Michael Salliss (Property Holdings) Ltd v National Westminster Bank PLC and Anor – 1990 – ORB – 1258
  • Jeremy Browne v BT Plc Bristol District Registry, Queen’s Bench Division, In the High Court of Justice – BS150043
  • Innovative Mining Products (Proprietary ) Limited v Corus Trading Limited Commercial Court, Queen’s Bench Division, In the High Court of Justice – 2004 Folio 767
  • Murphy v Young & C Brewery plc and others – [1997] 1 All ER 518
  • Spearmint Rhino Companies (Europe) Ltd v Allianz Cornhill Insurance PLC Commercial Court, Queen’s Bench Division, In the High Court of Justice – 2004 Folio 148

Insolvency

  • The Trustee in Bankruptcy of John Neville Broadhead v Brenda Jean Holley – 1993 in the Exeter County Court

Intellectual Property

  • General Electric Company v GTE Valeron Corporation – CH 1984 – G – 6069
  • Universal City Studios Inc. and others v KLB (Textiles) Ltd – CH – 1985 – U – 4279
  • Fried Krupp Gmbh v George Barraclough (Soft Drinks) Ltd – Chancery Division 1985
  • Universal Studios Inc v Florina Ltd and Malik – CH 1985-U-3892
  • Electric Furnace Company v Selas Corporation of America – [1987] RPC 23 CA
  • Rose Plastics Gmbh v William Beckett & Co (Plastics) Ltd – [1989] FSR 113 ChD
  • McCarthy & Stone ( Developments ) Limited v David Wilson Homes Limited Chancery Division, Intellectual Property, In the High Court of Justice – HC 05 C 01732. Acted for David Wilson Homes Limted.

Professional Negligence

  • Lough Eske Holdings Ltd v Knight Frank Rutley – 1990- L- 3458
  • Webb and Webb v JV Limited trading as Shepherd Chartered Surveyors in the Bristol County Court – A40BS036. Claim settled on confidential terms.

Property Disputes And Boundary Disputes

  • Two Rivers Housing v Harrison (Bristol County Court, HHJ McCahill QC, 21/10/11) – recovery of service and estate charges from freehold right to buy owners: the Forest of Dean “grass cutting” case.  
  • Thomas v McDermott – Bristol County Court C00BS841 November 2017 – Successful outcome for our client in establishing where a boundary lies between two residential properties.
  • Riddle (Holdings) Ltd v Jayne – Property Chamber First Tier Land Registration Tribunal REF2017/0067 September 2018 – Successful outcome for our client in establishing a right of way by long use enabling that right to be registered at the Land Registry under their title.
  • Glofield Properties Ltd v David Morley and others – 1988 – G-2552
  • National Provident Institution v Worldwide Books Ltd – CH-1992- N– 1002
  • Lloyds Bank PLC v Derek Rogers & others Bodmin County Court – No 9202279
  • Kathleen Anne Haydon -v- Roy William Spencer and Elisabeth Barbara Hedy Spencer Bristol District Registry, Chancery Division, In the High Court of Justice – 8BS30790. Acted for Claimant against Defendants who refused/were unable to complete purchase of development land by the Claimant due to an existing financial charge on title register.
  • Kirsten Ann Handley and Mark Stephen Andrews -v- Gerald Gordon Parkin, Fay Pamela Parkin and Andrew Parkin Dartford County Court – 8DA01645. Claim for nuisance, loss of usage and enjoyment and declaration in relation to right of way across the Defendants’ property

Tort

  • Lloyd Maunder Ltd v Barclay and others Exeter District Registry, Queen’s Bench Division, In the High Court of Justice – 4EX90087 [2005]. Acted for Lloyd Maunder Ltd. Devon meat processors.
  • Gordon v Selico – [1986] 1 EG 71
  • Carol McCarthy v National Westminster Bank PLC – CH – 1993 M- 0379
  • Ian McMurdie v Safeway Stores Plc Bristol District Registry, Queen’s Bench Division, In the High Court of Justice – BS 050505 [2001]

Contempt of Court

  • Accident Exchange Ltd v George Broom & Others [2017] EWHC 1530 (Admin) – Acted for one of the directors in these contempt of court proceedings. The facts were described by the administrative court as perjury on an industrial scale. The proceedings arose out of witness statements and reports by Autofocus Ltd for insurers defending credit hire claims. The case was brought against seven individuals who had worked at Autofocus. The trial (which had substantial media coverage both in the broadsheets and the tabloids) lasted more than eight weeks which is unprecedented in any contempt hearing. The case took seven years from issue to reach trial. Disclosure in the case amounted to over 2.5 million documents and the trial bundle itself ran to over 14000 pages. The largest firm in the UK, DLA Piper represented the Claimant. The Defendants received some of the longest custodial sentences ever handed down in proceedings of this type.

For further information on how we can help you call our Managing Partner, Hugh Davey on 0333 344 5012 or out of office hours on 07914 897137. Or view our enquiries page.