Case Studies

Holiday sickness claim settlement without a court hearing

Rachel was instructed to represent the Claimant in a travel sickness claim against one of the UK’s largest tour operators. The matter had been listed for a full day’s fast track hearing, and the parties had been ordered to prepare skeleton arguments in readiness. Rachel’s thorough and persuasive skeleton argument was provided to the Defendant Continue reading

Successful Resolution of Road Name Dispute

Rachel was instructed on behalf of a local Resident’s Committee for a private estate. The committee wished to challenge the decision of the local council to allow a road within the estate to be renamed, and wished to appeal under the relatively little used provisions of the Public Health Act 1925. Rachel advised her clients Continue reading

Supporting a vulnerable witness to give evidence

Rachel was instructed by a Local Authority in a matter concerning an application for a housing-related Anti-Social Behaviour Injunction. The Local Authority’s key witness was extremely nervous about giving evidence and anxious about the court process. Rachel went to lengths to reassure the witness, put them at ease and explain the court process. Despite still Continue reading

Successful Defence to an Application for Costs

In this complex case, Rachel’s client had previously issued a claim against his former solicitor requesting permission for an assessment of bills already paid by him for work undertaken in defending criminal charges. He had been prosecuted for various parking ticket offences and, despite an initial estimate that the cost of defending these proceedings would Continue reading

Compensation for sex discrimination

Rachel’s client, the Claimant, had been employed as a receptionist in a male-dominated company and had been subjected to sexual harassment and sex discrimination from colleagues, including the company’s Director. During the four-day hearing, the Director had made comments to the Claimant about her physical appearance, which indicated that he did not take her complaints Continue reading

Costs awarded to a Defendant

In this interesting case Rachel was instructed on behalf of a vulnerable Defendant with longstanding mental health difficulties who had been sued by an established nationwide Estate Agency company. The Claimant company’s claim was brought on the basis that the Defendant had entered into an agreement with the Estate Agency to sell her house and Continue reading

Representing a Client in Multi-Track Business Dispute

Rachel was instructed to represent the Defendant in a multi-track claim arising out of the dissolution of a company previously run by the parties. Rachel represented her client at a lengthy application hearing, successfully opposing the Claimant’s attempts to persuade the Judge to force the Defendant to prepare and provide a Scott Schedule. Rachel’s instructing Continue reading

Claim for possession of holiday premises

Rachel was asked to advise the client company on the basis upon which a guest occupied its holiday accommodation in Kent. The occupant had refused to leave when requested to do so, insisted that they held an assured shorthold tenancy and had also contacted national media outlets which ran stories about the case. Rachel gave Continue reading

Limitation of credit hire liability

Rachel was instructed on behalf of a Defendant insurance company who had admitted liability for a road traffic collision but disputed the Claimant driver’s claim for thousands of pounds worth of hire charges. With her extensive knowledge of credit hire law (including the recent Court of Appeal case of McBride v UK Insurance Ltd) Rachel Continue reading

Successful Limitation of Claim for Medical Expenses

Rachel acted for the Defendant at the Stage 3 Ministry of Justice hearing of a personal injury matter. Rachel successfully argued that, despite documentary evidence that the Claimant had undergone the number of physiotherapy sessions recommended by a medical expert, the special damages awarded should be limited to the cost of around one third of Continue reading

Successful application for a bankruptcy order

Rachel acted for the Claimant company which was owed over £25,000 by the Debtor for unpaid nursing home fees. The company sought a Bankruptcy Order but the Debtor applied for an adjournment on the basis that he was close to finalising the terms of a re-mortgage and would shortly be in a position to use Continue reading

Successful Crown Court Appeal against conviction

Rachel’s client had previously been convicted in the Magistrates’ Court of an offence of failing to provide information as to the identity of a driver (section 172 Road Traffic Act 1988). Following his appeal, Rachel represented him at the Crown Court for a full rehearing of his case. The defence was based partly on the Continue reading

Successfully Defending Possession Proceedings

Rachel represented a Legally Aided client who had been served by his landlord with a section 21 Notice for possession of the property he had lived in for some years. Rachel’s thorough examination of the papers revealed that the section 21 Notice had been incorrectly worded, however this had not been pleaded as a defence Continue reading

Recovering unpaid bills for a small business

Rachel’s client, the Claimant, was a small business who had carried out work for a local property developer who had then refused to pay. The Defendant had not responded to any of the paperwork from the court or Rachel’s client, so judgment had been entered for the Claimant. The Defendant then made an application for Continue reading

Successful Defence to Application for Wasted Costs

Rachel was instructed to oppose an application for wasted costs arising from a personal injury claim.  The claimant had issued proceedings arising from a road traffic accident. The claim had been withdrawn but not before it had been listed for various hearings and costs had been incurred by the defence. An order for costs had Continue reading

Successfully defending a claim for loss of earnings

Rachel was instructed by the defendant company to deal with the issue of damages arising from a road traffic accident. As well as claiming damages for the personal injury suffered, the claimant sought to recover over £650 for lost earnings. The claimant provided evidence from her employer, which she argued showed that she had lost Continue reading

Avoidance of disqualification for a client with 15 points

Rachel represented a Defendant with 15 points on their driving licence, in a case involving failing to give information (a ‘section 172’ offence). The client also had a recent conviction for the same offence, something which was of concern to the Magistrates. However, Rachel used her considerable advocacy skills to argue ‘exceptional hardship’ on behalf Continue reading

Defending civil injunction applications

Rachel successfully defended two joined applications for civil injunctions against a married couple. Whilst this was a civil matter, the application arose out of acrimonious contact proceedings in the family court and Rachel’s knowledge of both civil and family proceedings was essential. The application was dealt with by way of a fully contested hearing. The Continue reading

Mitigation on behalf of a speeding driver

Rachel represented a Defendant who had pleaded guilty to driving at over 100mph on a motorway. The Defendant was anxious to avoid a lengthy ban and had been advised that the financial penalty would be high. Rachel mitigated on her client’s behalf, arguing that the impact of a lengthy ban and high financial penalty would Continue reading

Successful limitation of special damages

Rachel represented the Defendant at the final hearing of a personal injury claim where liability had been admitted and the award of damages needed to be decided by the Judge. The Claimant had claimed special damages for alleged losses including the cost of attending the medical expert appointments and general expenses. General Damages of £3,400 Continue reading

Acting for a vulnerable Respondent mother

Rachel acted for a vulnerable Respondent mother who had suffered domestic abuse by the father and had moved with their child to another area of the country. The father had applied for residence and for a Prohibited Steps Order. In previous hearings, the Judge had refused to transfer the case to the area where the Continue reading

Acting for applicant mother in contact proceedings

Rachel acted for an Applicant mother where the father had obtained a residence order and the mother had not seen the child for 5 years. The parents’ separation had been extremely acrimonious and the father continued to refuse the mother any form of contact with the child. Rachel’s client was extremely anxious as it was Continue reading

Mitigation on behalf of a speeding driver

Rachel represented a Defendant who had pleaded guilty to driving at over 100mph on a motorway. The Defendant was anxious to avoid a lengthy ban and had been advised that the financial penalty would be high. Rachel mitigated on her client’s behalf, arguing that the impact of a lengthy ban and high financial penalty would Continue reading