Property

Philip is experienced in all areas of property work, from domestic boundary disputes to substantial dilapidation claims under commercial leases. He appears for both landlords and tenants in tribunals ranging from the LVT to Court of Appeal. He has particular expertise in leasehold enfranchisement and tenants' rights of first refusal. He helped to guide one of the earliest lease variation claims (LTA 1987) through the LVT, involving the leases of 54 flats and testing fully both the LVT's procedures and its new-found costs powers. He also deals with business tenancy renewals, possession/forfeiture claims, contracts for the sale of land and issues relating to land registration.



Personal Injury

Philip covers the full range of Personal Injury work and has particular experience in the area of industrial disease and respiratory claims (including asbestos-related claims). He is used to handling complex medical and engineering evidence and his employment law practice brings an extra dimension to claims such as those for work-related stress.



Clinical Negligence

Philip has many years' experience of Clinical Negligence litigation, which has included obstetric negligence, dental claims, deaths in psychiatric care, fatal claims arising out of failure to diagnose cancer, failed sterilisations, claims arising out of cosmetic surgery procedures and inquest work.



Employment

Philip appears regularly for claimants and respondents in Tribunals. He also has great experience of employment litigation in the Courts, including injunctive work in the High Court relating to restrictive covenants and confidential information. In addition to individual and collective employment rights, he deals with Trade Union law such as Union discipline and complaints to the Certification Officer.



Professional Negligence

Philip acts for claimants and defendants in claims involving solicitors, architects and surveyors. He deals with solicitors' negligence claims arising from both contentious and non-contentious work, and frequently with conveyancing errors.



Commercial & Business

Philip deals with commercial contract work such as sale of goods, consumer credit, agency and insurance. He has extensive experience of building disputes and the TCC. He deals also with partnership disputes and insolvency work.

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Cases

Property

Nouri v Marvi, Razaq & Bank of Scotland [2005] EWHC 2996; LTL 18.10.05: (Ch D) fraudulent dealings with land & rectification of the Land Register

Long Acre Securities Ltd v Karet [2005] Ch 61; [2004] L&TR 30: (Ch D) the application of the notice requirements under the LTA 1987 (tenants' pre-emption rights) to a large residential estate

Ace 2 Ltd v Shell UK Ltd TCC 2004: a multi-million terminal dilapidations claim relating to an office block in Manchester

Tingay v St Ermins Property Co Ltd [2003] L&TR 6; [2002] 3 EGLR 53: (Ch D) requirements for valid notice under s.42 LRHUDA 1993


Commercial & business

Feldaroll Foundry Plc v Hermes Leasing [2004] EWCA Civ 747; (2004) 148 SJLB 630: (CA) whether limited company buying a company car for the use of a director was dealing as a consumer within UCTA 1977

Elvin Building Services Ltd v Noble [2003] CILL: (TCC) whether building contractor had a common law right to suspend work where employer was in breach of contract by failing to make installment payments


Professional negligence

Storey v Charles Church Developments Plc 73 Con LR 1; (1996) 12 Const LJ 206: (TCC) concurrent duty of care of construction professional, whether it was limited to a duty to avoid causing personal injury or damage to other property or extended to avoiding economic loss


Employment

British Telecommunications v CWU [2004] IRLR 58 (QBD): anti-strike injunction, whether proposed strike in furtherance of trade dispute & various issues as to validity of ballot

Currently involved in what is almost certainly the last unjustifiable discipline claim under s.64 TULR(C)A to be heard by the EAT as first instance tribunal & in which a substantial personal injury claim is said to flow from the discipline complained of.


Personal injury

R (Vick) v CICAP [2005] EWHC 1575 (Admin); LTL 9.8.05: interpretation of the 1995 Scheme and legality of CICA's attempt to set off future benefits excess against past losses

Grace v Tanner (2003) CA, LTL 27.2.03: appeal on liability in motorcycle accident

Pentalver Ltd v Bosse & Transports Bregen (1999) CA, LTL 28.10.99: liability appeal, RTA involving French lorry driver

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Publications

Philip writes regular articles and conducts seminars on various aspects of Employment law - particularly those aspects in which there is an overlap with Personal Injury litigation.

He is an editor of the equal opportunities section of the Sweet & Maxwell Encyclopaedia of Employment Law and, with Susan Belgrave is currently writing a book on remedies in Employment law.

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Interests

Away from work Philip tries to live a quiet life. His young and vigorous family ensures that he seldom gets the chance.

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