News from Chambers in Plymouth, Exeter & Truro | Kings Bench Godolphin | Devon Barristers Chambers in Plymouth, Chambers in Devon

North East Property Buyer’s litigation heading to the Supreme Court

10th February 2013

An appeal in the North East Property Buyers’ litigation, Mortgage Business plc v O'Shaughnessy [2012] EWCA Civ 17 [2012] 1 W.L.R. 1521, will be heard by the Supreme Court later this year. The case will determine priority as between the appellants, sell-to-rent-back sellers/tenants, and their mortgagees. Rawdon Crozier appeared in Mortgage Express v Butcher [2012]…

Andrew Willetts successful in striking out claim against medical professional

9th February 2013

H v Atos Origin IT Services Ltd, January 2013 Andrew Willetts argued successfully that the entirety of the statement of case should be struck out. Negligence of a medical professional was alleged in circumstances in which, applying the Court of Appeal decision in Kapfunde v Abbey National [1998] ECC 440, no duty of care could exist. Ancillary claims of harrassment and misfe…

Tom Challacombe recently appeared in the County Court on the interpretation of Part 36 of the CPR

8th February 2013

Tom Challacombe recently appeared in the County Court on the interpretation of Part 36 of the CPR. Tom appeared on behalf of the Claimants who had withdrawn, by fax, their Part 36 offer on the day after the relevant period had expired. On the same day the Defendants served acceptance of the offer by letter. The letter of acceptance had been sent by 1st class post 3 days before the expiry of the…

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Escalating Ground Rents & Leaseholds: Article by Rawdon Crozier in the New Law Journal

Rawdon Crozier's recent article in the New Law Journal