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Hari
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Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Hari Menon

Called 1989

Hari practices particularly in Chancery & Commercial, and Employment law.

Areas of Expertise
Business and Commercial
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Hari has a Chancery & Commercial practice, with emphasis on the following areas:

  • Rights in and over land: boundaries, covenants, easements & conveyancing disputes.
  • Landlord & tenant – residential & business tenancies.
  • Probate and Administration of Estates, principally contentious probate and Inheritance Act applications.
  • Trusts and trustees, mainly in connection with Wills and trusts of land.
  • Professional negligence relating to the above and in particular, solicitors’ negligence connected with conveyancing and other property transactions and duties of trustees, sometimes involving a cross-over with breaches of trust and fiduciary duty.
  • General commercial – contracts (including post-termination restraints in employment), partnership, agency, sale and supply of goods and services.

 

Recently Concluded Cases

Advising an executor seeking to obtain probate of a copy Will where an intestacy beneficiary was contending that the original Will was revoked by destruction.

Responding to an appeal on behalf of an investor who had successfully claimed damages for fraudulent misrepresentation and negligent misstatement personally from the directors of an investment company.

Advising an executor and trustee on a Beddoe application for leave to play no active part in a contentious probate claim where his co-executor and trustee had dispensed with legal representation and beneficiaries had declined to give an indemnity.

Representing a former independent financial adviser against his principals for a claim for damages arising out of a negligent reference.

Advising a defendant in criminal proceedings of the validity of a trust deed and rights of the beneficiary in connection with an application for a confiscation order under the Proceeds of Crime Act 2002.

Successfully representing a defendant in a dispute concerning co-ownership of land and partition - Ellison v Cleghorn [2013] EWHC 5 (Ch)

In the Court of Appeal: Successfully challenging an order for costs made by the High Court where the claimant executor trustee was deprived of 50% of his costs despite the defendants accepting his Part 36 offer late - Jopling v Leavesley & Thompson [2013] EWCA Civ 1605.

2014 - Negligence claims against solicitors involving 15 claimants in connection with sale and leaseback transactions. Advising, drafting and representing claimants in negotiations with indemnity insurance solicitors and advising on settlement.  

Employment
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Employment is one of Hari's principal specialist areas. His practice encompasses most aspects of employment law, including unfair and wrongful dismissal, transfer of undertakings, employee status, trade union blacklisting and victimisation and matters relating to Working Time Regulations. His main practice areas within employment are discrimination and contractual employer/employee disputes, such as post-termination restraints.

He represents both employees, individually and through their trade unions, and employers (mainly local authority work).

Reported Cases

Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT
disability discrimination - determining the date of onset of disability when medical evidence has given a possible range of dates.

Aylott v Stockton on Tees Borough Council - Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA
Led by David Reade Q.C.: Disability Discrimination applicability of HL decision in Lewisham LB v Malcolm to the employment field - correct comparator for direct disability discrimination - application of the "reason why" test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination - whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA - whether changes arising as a result of the decision affected by the Equality Act 2010.

Saiger v North Cumbria Acute Hospitals NHS Trust - Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA
Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant's favour where it found that respondent's conduct was such as to merit an award of aggravated damages.

Ward v South Tyneside Council - Employment Appeal Tribunal 12.7.11 UKEAT/0358/10
Consideration of concept of conditional dismissal - whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.

Patel v South Tyneside Council - Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT
Notice of Appeal is lodged when it appears in EAT Inbox or when it "hits" an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.

BMSL v Acheson - Employment Appeal Tribunal UKEAT/0268/11; 14.6.12
Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether "but for" test appropriate in the context of a "union blacklisting" dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.

Probate, Inheritance & Trusts
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Professional Negligence
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Property
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Personal Details
Education

BSc (Hons), University of Aberdeen LLB (Hons), University of Newcastle upon Tyne

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