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Robert specialises in general chancery, real property and commercial law, including insolvency, shareholder and partnership disputes, commercial contract and business disputes generally, property and landlord and tenant disputes and professional negligence, particularly of solicitors, accountants, surveyors and construction professionals. He is also familiar with social housing, particularly allocations and homelessness, and administrative law. He is regularly instructed to act in relation to interim injunctions sought to enforce restrictive covenants in employment, sale of business and franchise contracts.
Notable recent examples of work include: representing a home owner on the trial and appeal of a claim for a quia timet injunction to require the local authority to maintain trees in a neighbouring garden; advising and representing a coach company in a number of commercial disputes with a major airline; representing a number of claimants in unusual professional liability proceedings brought against conveyancing solicitors for failure to prevent frauds by a mortgage broker; trial of a claim concerning effect of forged transfer on the interest of a joint mortgagor in property.
Robert is a contributor to the Landlord and Tenant Factbook (Sweet & Maxwell). He has published a number of articles in specialist journals on landlord and tenant and housing law. He regularly provides seminars and training courses on his specialist areas of law. In 2013, Robert was appointed a Deputy District Judge.
Notable Cases PSG Franchising Ltd v Lydia Darby Ltd [2012] EWHC 3703 (QB)
Hoque v Ali [2012] EWCA Civ 274 – judge below not entitled to make less advantageous costs order in favour of successful party because of his late payment of previous costs order.
Elliott v Islington LBC [2012] EWCA Civ 56; [2012] 7 E.G. 90 (C.S.) - circumstances in which quia timet relief will be granted.
Protege Services Ltd, Re [2011] EWHC 3679 (Ch) – applicant entitled to costs of application for interim injunction where respondent failed to respond promptly to invitation to give undertakings
Goodwill SIP Ltd v Newham LBC [2011] EWHC 980 (QB) – extent of liability of local authority under contract with supplier of accommodation
Yousefi v SJ Solicitors [2011] EWHC 486 (QB) – professional negligence of conveyancing solicitor when transaction lost through failure to exchange contracts on time
Bharmal v Bharmal [2011] EWCH 1092 (Ch) – English Court refused to stay proceedings brought against trustees of Ugandan land
R (Shah) v NHS Litigation Authority [2010] EWHC (Admin) – judicial review proceedings concerning sanctions imposed against general practitioner after findings of misconduct
Daniels v Deville [2008] EWHC 1810 (Ch) – complex proceedings concerning relationship and obligations between various parties to joint ventures
Lewis v Havering LBC [2006] EWCA Civ 1793; [2007] HLR 20 – what matters Court is required to consider on an appeal under s. 204A Housing Act 1996
Smith v Charles Building Services Ltd [2006] EWCA Civ 14; [2006] BCC 334 – rectification of company's register of members following fraudulent transfer of shares
Popowski v Popowski [2004] EWHC 668 (Ch); [2011] WTLR 1011 – claim to set aside declaration of trust on grounds of undue influence
R (Giles) v Fareham BC [2002] EWHC 2951 (Admin); [2003] HLR 36 – judicial review of local authority housing allocations policy
Bhopal v Sphere Drake Insurance Plc [2002] Lloyd's Rep I.R. 413 (CA) – effect of non-disclosure/ breaches of warranties in insurance contract when factory premises damaged by fire
Pitt v Mond [2001] BPIR 624 – claim against insolvency practitioner alleging professional liability in connection with drafting and supervising IVA
Cosgrove v Pattison [2001] CP Rep 68 – circumstances in which party dissatisfied with joint expert may be permitted to rely on further expert evidence
Publications
“House of Bricks or House of Sticks: some thoughts on the new s.204A of the Housing Act 1996” (2003) J.H.L Vol 6 Issue 1
“The Use of Expert Witnesses under the Civil Procedure Rules” (2000) RRLR 217
“Keeping the Wolf from the Door: Interim Accommodation for the Homeless Pending Reviews and Appeals” (1999) J.H.L Vol 2 Issue 4 53
“Repetitious Writs: A deficiency in the Section 17 Notice Procedure?”
“Continuing the Discontinuous”, James Brown (1998) Vol 18 No.2 Rent Review & Lease Renewal
“Savva-v Houssein: a step in the right direction”, with James Brown (1997) L.&T. Rev Issue.
Areas of Emphasis
Real property
Landlord & tenant
Corporate and personal insolvency
General commercial chancery
Commercial common law
Professional liability
Career & Associations
Exeter College, Oxford: BA in Jurisprudence (2:1)
Called to the Bar 1992
Property Bar Association
Chancery Bar Association
Professional Negligence Bar Association
Lawyers Christian Fellowship
Relevant Experience
External examiner for South Bank University’s MSc in property law 1997-2001
Freelance Trainer for Shelter, providing training in housing (homelessness) and landlord & tenant law since 1999.
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