Notable Cases

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Franchises

The flooding of factory premises let from a local authority in Wales, the design of the drains and responsibility for maintenance, franchise agreements particularly drain cleaning franchises.

Patents

Patent work including a patent on a pregnancy testing kit; epicerie fine, software copyright, copyright in cartoons and storyboards, bookseller franchises, copyright disputes in connection with books produced in a stock valuation context, general copyright advice.

Art

Various works of art by various artists covering ownership, authentication, fraud, escroquerie and provenance, libel and a jury trial involving four languages (French, Italian, Latin and English), art historian defamation, storage of works of art and damage while in storage

Works by various well known artists including Degas, Rubens, Michelangelo, Vasari, Francis Piccabia, Howard Carter and Baldung.

Contracts

Firearms and related supply contracts, old cannon and their preservation; commercial contracts, warranties, representations, breach, causation and damages, contracts for the provision of military equipment; metro rail systems and contracts for the provision of rolling stock, Formula 1 racing drivers, football clubs and contracts, ransom strips, contracts for the sale of a company, a business, net assets and/or goodwill, contracts for the payment of commissions, agency matters and bribery, professionals’ fees and costs, Road haulage and road freight contracts, warehousemen and their liens; supply of office furniture and related international contracts and arbitration, equity release contracts, software franchise agreements, liability arising from the failure to dispose of shares pursuant to a contract.

FSA and Stock Exchange enquiries; split capital trusts, swaps and swap agreements, pension funds and investments, claim against a PLC and its registrar for failure to distribute dividend,

Debt

Loss of aircraft, schools debt recovery, debt recovery; hotels and restaurants; IPOs, bond issues, yellow book matters.

Property investment in Cambodia, defence of claims for fees by solicitors, negligence claim against solicitors in connection with a failed bond issue, swap agreements, rights of privacy in an espalliered garden, land registration and disputes including ownership of land, boundaries and neighbours, disputes between neighbouring land owners.

Employment disputes particularly in connection with departing employees and Anton Piller or search orders; employment and partnership matters generally including notice of dissolution (aka “disillusion”), discipline and HR issues, discrimination.

Mareva or asset freezing injunctions, and asset tracing; injunctions including mandatory injunctions, claims and injunctions against broadcasters, worldwide freezing injunctions and advising both applicants and respondents to them, committal to prison for breach of injunctions, claims for injunctions for the removal of a building.

Design disputes, trade mark disputes and passing off, the design of hulls with internal propellers (for use on the Sepik River in Sarawak); trade mark infringement, financial services and trade mark and passing off disputes concerning acronyms, algorithms, matrixes and formulae, passing off and trade mark matters concerning champagne, cider, Armagnac, perry, shirts, jeans and related sales and purchase contracts, trade mark registration, trademark infringement and passing off actions against major banks, IMRO (Investment Management Regulatory Organisation) investigations, trade mark infringement and the destruction of offending materials, opposition to various trade mark applications, passing off in the music industry, passing off in the confectionery industry.

Mediations including multi-party mediations, arbitration, mediation, negotiation, litigation, blackmail, extortion, malicious prosecution, professional negligence of solicitors, barristers, actuaries, surveyors, expert witnesses including anaesthetists, insurance brokers, mortgage brokers, applied mathematicians, ceramicists, materials scientists, psychiatrists, gynaecologists, geologists, quantity surveyors, building management, hydrological engineers, breathing equipment and lifesaving equipment, spigots, sockets, compressed air and pneumatic equipment.

Competition issues in relation to the supply (or withholding of supply) of equipment, gambling and competition advice, lotteries and competitions, competition issues (withholding supply and refusal to carry advertisement).

Family trusts and breach and in that context the relevance of premenstrual tension (PMT), disputes between beneficiaries about the provisions in parents’ wills and associated family trusts, trusts and charities and their liability to local authorities.

Professional regulation matters involving the Law Society of England and Wales, the Law Society of South Africa and the Bar Council, English and South African trusts including formal, constructive, accidental and resulting trusts, pursuit of the NHS for payment to a beneficiary in South Africa of the lump sum benefit due on his mother’s death in service in the NHS, harassment of consultant by consultant within the NHS, assisting foreign lawyers and selection of appropriate expert witnesses for their local litigation.

Cross-jurisdiction enforcement of judgments and arbitration awards, sanctions and sanctions busting, coffee and coffee arbitration, asset tracing and enforcement of an arbitration award in an Ethiopian construction arbitration determined with assets found in the UK, South Africa and Botswana, tracing UK assets for South African deceased estates administrators and executors, advising South African curators bonis in connection with asset tracing and proceedings in England, advice about South African ante-nuptial contracts, matrimonial, adoption and maintenance issues, travel industry disputes, shareholders’ actions, the service in England of Edictal Citations from South Africa, advising about the matrimonial regimes respectively in South Africa and in England, warranties dispute where the documents prepared for the sale of nett assets were not corrected to reflect a policy change to the sale of goodwill.

Procedural matters such as abuse of process, civil restraint orders, representing insurers in connection with defamation and related claims against a university, website abuse and website defamation; injunction restraining broadcaster from broadcasting defamatory material; offensive postings on websites and initiatives to remove them, publication in the UK press of court papers emanating from other jurisdictions.

The use of interpreters in proceedings (including an interpreter for a deaf mute), corrupted and/or forged documents or various types including letters, telexes and faxes, gold mines and related matters, gold diggers, sugar mills and related matters, sugar daddies, racehorses and horse racing establishments.

Claims against retail banks for failure to comply with clients’ instructions, DTI investigations, passing-off claim against a high street bank arising out of an investment in a Lehman Bros product, promissory notes, dishonoured cheques, bills of exchange, shared appreciation mortgages (he succeeded in the only case to go to trial).

Acting for claims handlers in cross-jurisdiction insurance matters including Ciguatera, insurance broking, claims against insurance brokers, schemes of arrangement in the insurance industry, theft and under insurance of classic cars including Ferrari and Aston Martin, representing insurer in holiday insurance claims, representing tour operator, insurance and claim against broker in negligence regarding policy.

Collapsing cranes, medical negligence, claims against the Policyholders’ Protection Fund for clients whose claims otherwise would fail against a company in liquidation, local authority grants and their permitted uses, professional conduct matters before the General Optical Council and Opticians.

Limitation (prescription or statute-barring) period disputes including the commencement of the limitation period against a guarantor or third party or Part 20 defendant.

French property agency, supervision of Anton Piller (search) orders on behalf of other solicitors, the conduct of proceedings on an agency basis for non-London colleagues.

Easements concerning drains and fences, property owners’ claims against railway companies, fresh fruit and vegetables, catering and provisions for aircraft, failure to proceed with planning applications in time.

Acting in deceased estates under CPR 19.8 (where no personal representative has been appointed), probate disputes, property investment disputes, service charges, salmonella in the restaurant industry, insurance claims, edible oils, disputes with HMRC about income tax, inheritance tax, capital gains tax, PAYE, VAT, duties and excise, enduring and lasting powers of attorney, intestate estates.

Changes of name by deed poll, authentication of documents for use in foreign courts, SPVs (special purpose vehicles), enforcement of foreign judgments and awards, notarial execution of documents.

Franchises and dealership contracts, software franchise agreements, buyers and suppliers’ contracts in the travel industry, distribution agreements – whiteboards – registered design rights particularly in the surgical appliances industry, Revenue sharing agreements, universities, parts (genuine, generic, counterfeit goods, and associated claims), loan recovery between members of a family on insufficient security, loans, security and recovery, loan recovery, retail petrol industry, computer systems and forecourt appliances, prototype equipment and malfunction, receiverships, wasted costs, contingency and conditional funding arrangements and third party funding.

Subsidence claims, reconstruction of subsided buildings on stilts, construction disputes (domestic and commercial), cross-jurisdictional construction disputes, property developers and property developments in the UK and abroad, assisting clients with claims brought against them in foreign jurisdictions.

International sporting events tickets sales, taking evidence on deposition, commissions of enquiry, taking evidence on commission, constitutional issues relating to international sporting events, lottery advice, money laundering.

Committal to prison for breach of injunction, committal to prison of Defendants for failure to supply information about assets; asset tracing and representing those resisting asset tracing, advice to a widow and protection from the creditors of her late husband’s estate regarding worldwide assets, assets of morganatic members of a royal family; air cargo, commercial transport by air including passengers on Concorde, day-old chicks, piglets and a pelvis, prosecuting claim in disputed estate against executors for wasting estate assets and their solicitors for failure to comply with a Beddoe Order, liability of trustees, responsibility of potential witnesses and risk of liability, enforcement of matrimonial orders, phone tapping, the design of “draw-bar” commercial vehicles.

Liability of supplier of lubricants and/or installer for incorrectly using vegetable clutch fluid in place of mineral clutch fluid, liability of motor manufacturer regarding defective air bags, liability of a classic car business for destruction of the car entrusted to them.

Representing a liveried company in connection with a claim against solicitors/surveyors in connection with property purchased at auction, restoring companies to the register for the purposes of suing them (including restoring prospective claimant company to the register in order to enable it to sue another company which also had to be restored to the register and all within 3 weeks over Christmas), bankruptcy and winding-up proceedings, changes of Memorandum and Articles and claims arising.

Solicitors’ liability for failure to advise in connection with leasehold enfranchisement, window cleaning equipment (tracks and cradles) and liability of user, LOLER (Lifting Operations and Lifting Equipment Regulations 1998), building owner, installer and maintainer.

Appeals in the Court of Appeal and House of Lords (and Supreme Court).

Partnership and related disputes, hotel refurbishment, dealings with restaurant and hotel chattels on disposal of the business, dilapidations claims, wayleaves, collapsing buildings near Blackwall, pallets, payments made in error and without consideration.

Data Protection Act advice, enquiries and claims, invoice factoring, forged telexes, forged solicitors’ letters, forged emails, fire engines, turntable ladders, diving equipment, rock crushing equipment, private international law disputes regarding differing interest rates and exchange rate fluctuations.

Meet the team

Graham Balchin
Graham Balchin
Consultant - Litigation

The Legal 500: Recommended lawyer 2020Graham is a consultant solicitor in the litigation team and has specialised in professional negligence claims for over 20 years. He trained at Trowers & Hamlins, qualifying in 1992.

His recent successful cases include over 30 professional negligence claims arising out of an elaborate mortgage fraud, recovering over £5million on behalf of borrower/purchaser clients who have been defrauded into buying substantially overvalued “buy to let” properties.

He has also acted for a group of investors who had purchased properties ‘off plan’ in the Philippines that were either not built or were sold twice. In this case the investors brought successful claims against the negligent solicitors who failed to ensure that the purchase contracts were backed with the promised performance bonds that should have protected the buyers from default by the developer.

He has also acted in various other professional negligence matters, relating to solicitors, barristers, valuers/surveyors, accountants, financial advisors, banks and insurance brokers.

Graham takes pride in providing clear, concise and practical advice and is regularly contacted to offer expert comment on media reports relating to professional negligence and property.

He is on the register maintained by the London Solicitors Litigation Association of solicitors with experience of supervising and executing civil search orders.

Transactions:

Reported cases and cases of interest include:

  • Laib v Aravindan [2003] EWHC 2521 QBD, The Times [13/11/2003] – Claim against solicitors for loss of chance to pursue a negligence claim against a mortgage lender involving complex issues relating to limitation.
  • Vinayak v Lovegrove & Eliot [2007] EWHC 9009 – Claim against solicitors arising out of failure to advise that break clauses in leases could only be exercised by original lessee. Court held that losing solicitors could not compel disclosure of conditional fee arrangement.
  • Tavistock Repertory Guarantors Ltd v Gregory Rowcliffe Milners HQ02X2325 – Claim against solicitors who lost client the right to renew lease of theatre premises resulting in agreed damages of £2,020,000. This is believed to be possibly the highest sum ever recovered from a solicitor who has acted “pro bono.”
  • Ayton v RSM Bentley Jennison [2014] QBD Lawtel – Held defendant in fraud and negligence claim not entitled to rely on defence of tender before claim (action), which is a defence still only available in liquidated claims.

Memberships:

Professional Negligence Lawyers Association

Leisure:

Shooting, badminton, skiing and motorcycling.

020 7406 1000 - GrahamBalchin@cartercamerons.com
Kiran Bansal
Kiran Bansal
Solicitor - Litigation

Kiran has been working in litigation and dispute resolution since 2009.  She is a dedicated and skilled litigation solicitor.  Kiran studied the LLB at University of Hertfordshire and completed the Bar Vocational Course (as it was known then) in 2008.  She cross-qualified as a Solicitor in 2012 whilst working at a firm in Central London.

Kiran moved away from London and worked in regional firms in the Midlands and Berkshire from 2015 before moving to Carter Lemon Camerons in 2023.  She understands the importance of building strong relationships with individual and commercial clients to provide an excellent service and offers comprehensive legal representation tailored to meet the unique needs of each of her clients.

Kiran possesses a thorough understanding of the complexities of litigation and is known for her strategic approach to resolving disputes.  She is committed to providing personalised attention to each client, guiding them through every step of the legal process with empathy and professionalism.

Areas of Expertise

  • Civil Litigation: Kiran has extensive experience representing clients in civil litigation matters, including contract disputes, constructive trust disputes, defamation and data protection claims, and insolvency.  She is skilled at crafting effective legal strategies to protect her clients’ interests and achieve a favourable outcome.
  • Commercial Litigation: Kiran has successfully represented businesses of all sizes in disputes involving breach of contract, business rates, IP disputes, trustees in bankruptcy and partnership disputes. She understands the commercial needs for her clients and strives to minimise risk while maximising results for her clients.
  • Property Litigation: Kiran has extensive experience representing both landlords and tenants in disputes arising from residential and commercial agreements. She provides guidance on matters such as lease terminations, rent arrears, eviction proceedings and contractual covenants within agreements, working diligently to protect her clients’ rights and interests.
  • Contested Probate: Kiran has extensive experience in bringing and defending contested probate claims for individuals and trustees.  She has worked on matters involving, contesting wills, deeds of variation, beneficial interests, proprietary estoppel claims, and claims made relating intestate estates.

Kiran is a skilled negotiator, dedicated to finding amicable solutions to conflicts whenever possible. She approaches each dispute with a focus on achieving efficient and cost-effective resolutions for clients while always preparing for the possibility of litigation if necessary.

Kiran understands that navigating the legal system can be daunting, especially for individuals facing challenging circumstances. That’s why she is committed to providing compassionate and attentive representation to every client. She takes the time to listen to their concerns, explain their legal options in clear and accessible language, and empower them to make informed decisions about their cases.

020 7406 1000 - kiranbansal@cartercamerons.com
Lisa Ginesi
Lisa Ginesi
Partner - Commercial Dispute Resolution

The Legal 500: Recommended lawyer 2020Lisa Ginesi is a partner in our commercial litigation and dispute resolution team.  Her practice covers a wide range of commercial disputes and predominantly relates to all forms of property disputes. The clients Lisa acts for range from large corporate property developers and investors to private property owning individuals.

Lisa regularly advises on a wide variety of issues affecting both residential and commercial properties and an extensive range of contractual disputes. Lisa has particular expertise in landlord and tenant disputes, the 1954 Act, dilapidation issues, nuisance claims; boundary disputes, possession claims, construction and development contracts, party wall disputes, trespasser proceedings and all aspects of enfranchisement.

In every case, Lisa actively looks for ways to reach practical and cost-effective solutions, whether that is through negotiation, court proceedings, self-help remedies or alternative dispute resolution. She works with her clients as part of a team, often alongside surveyors, engineers and a variety of other experts.

Recent Transactions include;

  • Successfully appealing against two Party Wall Awards and securing costs for our client in a case relating to a substantial development in Shoreditch.
  • Acting for a corporate property developer in a dispute to enforce the terms of a sale and construction agreement, to enable our client to complete their development and sell a number of flats.
  • Acting for a sole trader tenant, of a commercial shop in Great Russell Street in a claim against his landlord for unreasonably delaying and withholding consent to an assignment of his lease.
  • Acting for a residential property developer who intended to carry out underpinning works and was served with an injunction obtained by the Council to stop works for alleged breach of planning regulations and starting excavation for basement works.
  • Advising on a complex lease renewal of commercial premises under the Landlord and Tenant Act 1954, involving; disputed terms for a new lease; unauthorised sub-lettings and breach of planning legislation.
  • Advising a client who owns the freehold of a large residential block of flats in London in relation to a number of applications to extend leases under the 1993 Act, including dealing with applications to the First Tier Tribunal. Conversely, advising a number of tenants, in a different block of flats, on their rights to extend their leases.
  • Advising on a range of enfranchisement issues, including lease extensions and purchases of freeholds under the 1993 and 1967 Acts, and rights of first refusal under the 1987 Act.
  • Acting in a number of contractual property disputes including; disputed joint venture agreements; breaches and termination of JCT contracts; claims against insurers for losses and claims for unpaid fees and defective works.

Early in her career, Lisa had the privilege of being part of the team which took a highly technical lease renewal case to the House to Lords (P&O v Graysim).

Some notable and reported cases include;

  • Sai Ventures Ltd v Compar Properties Ltd [2016] – an appeal against two Party Wall Awards in a case relating to a substantial development in Shoreditch.
  • H Waites Ltd v Hambledon court Ltd and others [2014] – landlord and tenant dispute concerning air space and extent of the tenants’ demise.
  • Anslow and others v Norton Aluminium Ltd [2012] – a GLO claim for multi million pound damages in nuisance, claimed to be caused by smell, noise and dust.
  • Delgable Ltd v Perinpanathan [2005] – landlord and tenant dispute concerning the Landlord and Tenant Act 1954 Act and liability to repair roof.
  • P&O Property Holdings Limited v Graysim [2005] – dispute on the Landlord and Tenant Act 1954. This was a Supreme Court decision.

Judicial Appointment:  Lisa was appointed a Deputy District Judge to the South Eastern Circuit in 2020.

More…

Lisa was educated at Haydon Bridge High School in Northumberland and then studied law at the University of West London. She was admitted as a solicitor in 1992, having trained and qualified at Carter Lemon Camerons.  Lisa is a member of the Property Litigation Association, Women in Business, Women in Property, the Association of Women Solicitors and the Law Society.

020 7406 1000 - LisaGinesi@cartercamerons.com
Michael Sookias
Michael Sookias
Consultant - Family Dispute Resolution

Michael has over 40 years’ experience, including in multi-jurisdictional litigation.

Before embarking on his legal career, Michael studied biochemistry and worked in ICI Pharmaceuticals. Upon qualifying as a Solicitor, Michael and his brother Robert founded Sookias & Sookias in 1985, which merged with Carter Lemon Camerons in 2021.

Clients know that when they entrust their cases to Michael the matter will be in good hands and Michael will do more than what is seemingly possible to achieve the best outcome. Michael has a reputation for seeing beyond barriers and finding creative solutions. His talent is in pushing open doors where others see walls.

Michael is a member of The Lawyers Christian Fellowship, The London Solicitors Litigation Association, Association of Christian Law Firms and a board member of Advocates Europe and a Trustee of various Christian Charities.

Michael speaks Armenian and Farsi. He leads a weekly ‘Salt & Light’ gathering where he leads and teaches a group of people from all walks of life about the spiritual causes of broken relationships.

020 7406 1000 - MichaelSookias@cartercamerons.com
Mike Davidson
Mike Davidson
Senior Associate Solicitor - Family and Dispute Resolution Departments

Mike joined our team as a Senior Associate Solicitor in our Family and Dispute Resolution Departments in 2023.

He is well-versed in all the key areas of family law, including divorce, matrimonial finance, child arrangement, and Trusts of Land and Appointment of Trustees Act (TOLATA) issues.

He is also a member of Resolution, which means he is dedicated to resolving disputes in a non-confrontational manner with other Family Lawyers.

Mike handles a variety of private family matters, such as:

  • Divorce and Separation;
  • Financial Disputes;
  • Matters related to Children (like child arrangements and financial provision for children);
  • Cohabitation Disputes;
  • Prenuptial and Postnuptial Agreements;
  • Injunctions (like applications for Occupation and Non-Molestation Orders).

We are glad to have Mike on our team, and we know his friendly, professional approach will be a big help for clients navigating their legal issues.

Resolution

0207 406 1000 - mikedavidson@cartercamerons.com
Seamus Smyth
Seamus Smyth
Partner - Commercial Litigation and Arbitration

The Legal 500: Recommended lawyer 2020Seamus Smyth is head of litigation and arbitration. His practice is primarily commercial with an emphasis on arbitration, financial services and work for South African and Italian clients.

Transactions

His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery action by a lender on a shared appreciation mortgage equity release – the only such case to go to trial).

Recently involved in enforcement of foreign arbitration awards, claims arising from the banking upheavals since 2007, a successful claim against a high street bank resulting from a banking error and a successful claim against estate administrators and their solicitors for wasting the estate funds on irresponsible litigation.

More…

Educated (BA, LLB, Wits) and first qualified as an attorney in South Africa, he requalified in England in 1977, took an LLM at UCL and a Diploma in International Arbitration at QM, and became an FCIArb. He is chairman of the British South African Law Association (for the second time), chairman of Michaelhouse UK Trust, chairman of Global Leadership Foundation (UK), a former President of the London Solicitors Litigation Association and Trustee and President of Town Malling Cricket Club (established in 1827!).  He was until 2012 a Visiting Senior Lecturer in International Commercial Arbitration at London Metropolitan University.  When work and domesticity permit he plays some cricket and more golf (but – which is immediately obvious – not nearly enough).

020 7406 1000 - SeamusSmyth@cartercamerons.com

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