Webster v Webster & Others [2009] WTLR 339; [2009] 1 FLR 1240

Barron v Woodhead [2009] 1 FLR 747
 
Adekunle and others v Ritchie [2007] WTLR 1505 

Disputes as to expectations under Wills have formed a large part of Simon’s recent caseload. Significant cases include Brown -v- Blackburn (High Court, 2005), a case involving disappointed sons who might have been entitled on intestacy, sought (but failed to achieve) revocation of probate on the basis of the deceased’s failure to complete a will in accord with s.9 (c) of the Wills Act 1837; Simon appeared for the beneficiaries named in the will, citing the recent CA case of Sherrington v Sherrington (2005) in the course of argument.

In a 4-day trial, Burgess, Newton, Hough -v- Lloyd (High Court, 2005), Simon appeared for the successful Claimants (the beneficiaries under a will), seeking to overturn sale of a piece of land made by a testator in his mid-80s who, as the court found, was suffering from moderate to severe Alzheimer’s at the time of the transaction and received no sufficient independent advice from his solicitors; psychiatric experts were called by both sides.

In Cunningham -v- Armitage (Sheffield County Court, 2006) Simon appeared for the successful Defendant when an 88-year old who for 14 years had lived rent-free then sought (in reliance on Goodman v Gallant) to sever the joint tenancy in a former council house so as to leave sale proceeds to his son by a first marriage; the court refused sale, finding that there had been undue influence and that the intending testator was bound by a prior oral agreement made with the funding stepdaughter, that she should have the house upon the testator’s death.

Legal Services Commission v Rasool [2008] All ER (D) 43 (Mar); [2008] WLR (D) 75; The Times 21st April 2008
Limitation case concerning an action to recover costs under a revoked legal aid certificate.

Mehnaz Bi -v- Sabre Insurance Co Ltd [2007] All ER (D) 23 (Dec)
Appeal from the County Court where the succesful Apellant, who won on all issues, was only awarded 60% of her costs. Guidance given on the correct exercise of discretion in relation to the award of costs.

Azam -v- Iqbal [2007] All ER (D) 45 (Jul); (2007) ACD 88; (2008) Bus LR 168.
Concerning whether money paid to a money transfer agent ("Hawallader") which was subject to a 'freezing' injunction, obtained on behalf of HMC&R, was subject to a resulting trust or whether the payer was simply an unsecured creditor.

Accent Foundation Ltd -v- Lee [2007] All ER 143 (Jun)
Whether the benefit of an injunction can be waived by one of the persons for whom it was intended to benefit.

Phipps -v- The General Medical Council, C.A., (2006) Lloyds Rep Med 345
Contrary to the previously understood position it was now incumbent upon a disciplinary panel, passing a determination upon diciplinary charges, to give adequate and sufficient reasons.

Bradford & Bingley PLC -v- Ishaq [2006] All ER (D) 129 (Dec)
Appeal concerning the correct approach to mortgage identity fraud, mortgage indemnity guarantees, limitation and 'shortfall's.'

Phipps -v- The General Medical Council, H.C., [2005] All ER (D) 297 (Jul)
Appeal against the disciplinary findings against a Consultant.

R (On application of Stephenson) v Stockton on Tees Borough Council, C.A. [2005] All ER (D) 364 (Jul); [2005] WLR (D) 102, (2005) Times 5 September; [2005] 2 FCR 248; [2006] LGR 135.
Appeal against the refusal of the High Court to quash the decision of the Local Authority who refused to consider an exception to their policy.

Laiquat v Majid, QBD (Leeds District Registry) [2005] ALL ER (D) 231 (Jun) ; (2005) 26 EG 130 (CS); (2005) NPC 81.
Appeal from the County Court, concerning the proper approach to be taken to an aeriel intrusion and the issue of trespass.

Abbot v Will, Gannon Smith Ltd, CA [2005] All ER (D) 36 (Mar); 103 ConLR 92; (2005) Times, 28 April ; (2005) BLR 195; (2005) PNLR 30; (2005) CILL 2225; (2005) 10 EG 154 (CS); (2005) NPC 30.
Appeal from the County Court, concerning limitation and the accrual of the cause of action in professional negligence cases.

Mortimer and another v Bailey and another, C.A. [2004] All ER (D) 436 (Oct); [2005] 1 EGLR 75; [2005] 02 EG 102 ; (2005) BLR 85.
Appeal from the County Court, concerning the barring of injunctive relief in the context of delay.

R (On application of Stephenson) v Stockton on Tees Borough Council, H.C. [2004] All ER (D) 127 (Oct); [2005] 1 FCR 165
The correct approach by a Local Authority to the calculation of a disabled persons charge for care provided.

R (on the application of Gregan) and others v Hartlepool Borough Council and another, [2003] All ER (D) 258 (Dec); (2004) Times 22 January
Judicial review of the local planning authority's decision to permit the dismantling of redundant American Navy warships, "The Ghost Ships" in Hartlepool.

Friends of the Earth v Environment Agency and Others, QBD, Adminstrative Court, [2003] ALL ER (D) 140 (Dec) ; (2004) Env LR 31; (2004) ACD 27; (2003) NPC 153.
Judicial review of the E.A.'s decision to grant a Waste Management Licence permitting the dismantling of the "Ghost Ships".

Pickering and another v McConville, C.A, [2003] ALL ER (D) 417, (2003) Times, 19 April
Appeal from the County Court, concerning the correct approach of the Court in the face of the raising of an unpleaded issue of illegality.

R -v- Local Government Ombudsman ex parte Hughes, H.C. (Admin) (2001) ACD 492.
Judicial Review of the failure of the Local Government Ombudsman to adopt the correct statutory construction of sections 219 and 220 of the Highways Act 1980 ("The Advance Payments Code").