Sebastian Clegg

Notable Cases

• Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442

  Acting for TUI (UK) Ltd, as original trial counsel before HHJ Truman and first junior counsel before Martin Spencer J and then upon TUI’s appeal to the Court of Appeal. The main issue before the Court of Appeal was whether the court was obliged to accept “uncontroverted” expert evidence without question, provided it met the minimum standards provided by Practice Direction 35. Appeal allowed.

• Timberbrook Ltd (in Liquidation) v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC)

  Acting for Grant Leisure Group Ltd. The liquidators of Timberbrook Ltd took proceedings against Grant Leisure/Blackpool Zoo in respect of various invoices they found in Timberbrook’s papers relating to works to construct a new great ape house at Blackpool Zoo. The claims were dismissed by HHJ Eyre QC after a 4 day trial. The evidence supporting the invoices was shown to be inadequate and the liquidators were, in any event, unable to prove entitlement to various of the payments.

• Heathfield International LLC v McAlinneys Solicitors [2021] EWHC 189 (Ch)

  Acting for McAlinneys Solicitors in respect of a claim by Heathfield International LLC for allegedly outstanding expert fees generated in bulk low value personal injury claims. The claims had purportedly been assigned a number of times until they were acquired by the claimant, a company registered in Delaware. The defendant had succeeded in obtaining orders for security for costs and the claimant sought to vary the order alleging material change in circumstances. HHJ Worster considered what might constitute a material change in circumstances and, dismissing Heathfield’s application, held there was no material change in circumstance.

• Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva Administration Limited [2020] EWHC 16 (Comm).

  Acting for Aviva, the pension provider, in a claim by a financial adviser in respect of commissions which were clawed back after CBRE changed its pension platform. The claim involved the consideration of whether a contract could be implied and what terms might be implied including when duties of good faith arise. The claims were dismissed by HHJ Halliwell, following a trial over 4 days in the Circuit Commercial Court in Manchester.

• Lord Chancellor (As Successor to the Legal Services Commission) v Farooqi & Farooqi [2018] EWHC 3638 (Ch)

  Acting for the wife of a convicted terrorist on a public access basis. The Lord Chancellor sought to recover a costs order made against the husband by obtaining a final charging order against two properties in the wife’s sole name. The Lord Chancellor argued that husband retained a beneficial interest in the properties. The Lord Chancellor’s claim was dismissed following a 3 day trial before HHJ Hodge QC.

• Supreme Court, Falkland Islands

  Commissioner of Taxation v A (2017) SC/CIV/18/16

  Responding to appeal before the Chief Justice of the Falkland Islands. A resident who had to take her disabled son to the UK to continue with his education was assessed by the Commissioner of Taxation as being not-ordinarily resident in the Falkland Islands with the result that she had to pay more tax. The Chief Justice upheld the decision of the Taxation Appeal Tribunal, upon further appeal by the Commissioner, that the resident remained ordinarily resident in the Falkland Islands in the relevant tax year.
   

• Richards v Cyngor Sir Ceredigion Council

  Common Law

  (2017) C50CF012 – 4 day trial before HHJ Keyser QC in the High Court, TCC sitting in Swansea; acting for the Council who were being sued in respect of culvert which overtopped in a storm; breach of duty found on basis of inadequate frequency of inspections but not held to have been causative of the flood which would have happened anyway; claim dismissed

• Group Seven Limited & Anr v Nasir & Ors

  Commercial Fraud

  [2016] 2 Costs LO 303 – costs budgeting before Morgan J in £9M commercial fraud case

• Cook v Mortgage Debenture Ltd

  Corporate Insolvency

  [2016] 1 WLR 3048 (CA) – respondent in appeal before Lord Dyson MR and McCombe and David Richards LJJ on the scope of the moratorium provisions in paragraph 43(6) of Schedule B1 to the Insolvency Act 1986; appeal dismissed.

• Halsall & Ors v Oasis Land Development Ltd & Ors.

  Commercial Fraud

  [2015] A30 MA037 – Trial before HHJ Bird in the High Court; acting for claimants alleging fraud induced them to invest in unbuilt holiday homes on Cayman Brac; alleged land banking; settled on day 8 of the trial.

• Ian Morris v Blackpool Borough Council & Anr

  Landlord and Tenant

  [2015] HLR 2 (CA) - Appeal before Court of Appeal, Landlord and Tenant/Local Government, interpretation of leases and the Council’s rights to charge for discretionary services.

• Coventry Project Management v Lea & Rowe

  Chancery and Commercial

  [2014] 2MA 30156 - Trial before HHJ Hodge QC in the High Court; acting on behalf of 2 directors; defending a transaction alleged to have been at an undervalue by deploying the Duomatic Principle. Favourably settled on day 3 of trial.

• Hamlington v Wrexham County Borough Council

  Common Law

  [2014] 0WX00880 – 5 day trial at which Council successfully defended claim for damage by lower riparian owner alleged to have been caused by drainage works by the Council into its higher section of the watercourse.

• Blackpool Borough Council v Cargill

  Chancery and Commercial

  [2013] UKUT 0377 (LC) – appeal before the Upper Tribunal, Lands Chamber as to service charges and construction of leases

• Williams & Williams v Madden & Ors

  Chancery and Commercial

  Prescriptive Easements - Case ref: REF/2011/0988: Decision date: 17/05/2012, before HM Adjudicator to HMLR

• Lambert & Ors v Barratt Homes Ltd & Rochdale MBC [2010]

  Common Law

  [2010] B.L.R. 527 - Appeal; nuisance; flooding

• Lambert v Barratt Homes Ltd & Rochdale MBC (2009)

  Common Law

  32 EG 70 - Nuisance; flooding

• Valentine v Khan & Ors [2009]

  Chancery and Commercial

  EWHC 1632 (Ch) - Sale of business; transaction at undervalue; liability of directors; S.214 Insolvency Act 1986

• Brooks v Young (2008)

  Chancery and Commercial

  37 EG 148 CA - Rights of way

• Valentine v Bangla TV Ltd. [2007]

  Chancery and Commercial

  1 BCLC 609 - Sale of business; transaction at under value; s238 Insolvency Act 1986

• Mehnaz v Sabre Insurance Co Ltd [2007]

  Common Law

  EWCA Civ 1525 - Costs

• Bradford & Bingley v Ross [2005]

  Chancery and Commercial

  EWCA Civ 394 - Banking and finance; mortgage claims; sale to associated company at undervalue

• West Bromwich Building Society v Crammer [2002]

  Chancery and Commercial

  EWHC 2618 Ch - Bankruptcy; statutory demand; appropriation of proceeds of sale of mortgaged property

• North British Housing Association v Sheridan [1999]

  Chancery and Commercial

  2 EGLR 138 CA - Landlord and tenant; effect of statutory amendment on terms of tenancy

• In Re Westmaze Ltd (1998)

  Chancery and Commercial

  Times, July 15 - Construction of debenture; characteristics of fixed and floating charges