Qualif ications and appointments

Transcription

1 Tim Pullen Call 1993 Phone Practice Overview Tim is a very experienced civil practitioner. He came to the Bar late after working for some years for the Greater London Citizens Advice Bureaux Service as a full time professional adviser and then a social security tribunal representative. He was called to the Bar in 1993 and practiced in London from the Chambers of David Barnard. Tim quickly developed a broad civil practice with a specialisation in employment law. He was fortunate to be instructed by large trade unions from an early stage of his career at the Bar giving him the opportunity to appear regularly in appellate tribunals. In 2001, Tim joined Chambers in Truro on a part time basis but continued to practice from London. In 2004, he moved to Doughty Street Chambers joining its employment and housing teams. Over the last few years, Tim has based himself entirely in Cornwall and now practices solely from Chambers Truro and Plymouth sites. He advises and represents clients in cases concerning land law, the law of landlord and tenant, insolvency, personal injury and contractual disputes as well as employment and housing law. Tim is very approachable and is always willing to discuss cases informally with solicitors. He also accepts public access cases. Qualif ications and appointments Called to the Bar: 1993 Middle Temple

2 Commercial & Insolvency Tim has advised and represented clients in all types of contractual disputes, both commercial and private, in the County and High Courts including: Sale of Goods and Services Consumer Credit Building Contracts PPI cases Recent cases include: Woolnough v Hobbs (2013): Successfully represented Defendant, a firm of central heating engineers, at trial of claim for damages for defective heating system and counterclaim for fees due for installation of new water system. Squires v Black Horse Limited (2012): Successfully represented Claimant at trial of claim in County Court for return of substantial Payment Protection Insurance payments together with interest. Claim alleged breach of ICOB Rules. Mr Simms Old Sweet Shop v Lagden (2012): Successfully represented Claimant franchisor at trial of claim for franchise fees. Persuaded court to dismiss defence and counterclaim alleging misrepresentation and breach of contract. Also Advised Claimant on potential passing off claim. Plymouth County Council v Parkin (2012): Advised Local Authority on recovery of nursing home fees. Consolidated Finance Ltd v Harris (2010): Advised and drafted defence for Defendants to a claim for possession by the Claimant mortgagees. The First Defendant alleged that she had been induced by the Claimant s agent to forge the Second Defendant s signature on the charge securing the property. The Second Defendant pleaded Non Est Factum. The Defendants also argued that the mortgage was a regulated agreement under the Consumer Credit Act 1974, that it was unenforceable because no default notice was served, it was unfair within the meaning of section 140A of the 1974 Act and the requisite notice had not been served under the Cancellation of Contracts Made in a Consumers Home or Place of Work etc Regulations The case settled on terms satisfactory to the Defendants. Insolvency also forms a significant part of Tim s practice. He has advised and represents clients in: Bankruptcy Proceedings Winding Up Proceedings Applications To Set Aside Statutory Demands Proceedings Involving Antecedent Transactions Recent Cases include: Bamping v Plymouth City Council (2013): Successfully represented the Respondent Local Authority in the Chancery Division of the Bristol High Court at the hearing of an appeal against a decision dismissing the Appellant s application to set aside a bankruptcy order. The Local Authority had petitioned for bankruptcy following the making of a liability order by the Magistrates Court following the wilful refusal of the Appellant to pay council tax. The Appellant argued that the original liability order and that the hearing of the petition had been defective. His appeal was dismissed. Chamberlain v Allen (2012): Claim by Trustee in Bankruptcy that entitled to beneficial interest in house registered in name of bankrupts partner on basis bankrupt provided purchase funds and/or any transfer was a transaction at an undervalue or to defraud creditors caught by sections 339 or 423 of the Insolvency Act 1986.

3 Land Law Tim advises and represents clients in all types of property dispute: Easements including rights of way, drainage easements and rights to light Boundary disputes Adverse possession Covenants including restrictive covenants Mortgages and guarantees including possession proceedings and cases involving undue influence and misrepresentation Proprietary and promissory estoppel Trusts of Land Title and registration Co-ownership Torts affecting land including nuisance, trespass and Ryland v Fletcher claims. Examples of recent cases include the following: Chapman v Parker & Persons Unknown (2013): Successfully evicted squatters of commercial property in high profile case attended by BBC and press. Flannigan v Baldwin (2012): Acted for successful party in two-day County Court trial of dispute over transfer by deed of share in residential property. Court set aside transfer on grounds of undue influence. Godolphin v Kensington Mortgage Company Limited (2012): Acted for mortgagee in successful application to strike out and for summary judgment on claim alleging that mortgagee had failed to take reasonable care of mortgagor s property following possession and that this depressed sale price causing loss to mortgagee. Tomlinson v Benallick (2011): Acted for successful party in trial of dispute over the construction of an express grant of a right of way and rights of access onto it from the grantee s land. Court held grant gave right to access the right of way at any point on her boundary. Landlord & Tenant Tim advises and represents both landlords and tenants in residential and commercial leasehold disputes. This area of his practice overlaps heavily with his housing practice and includes: Possession claims Forfeiture Disrepair/dilapidations Breach of Covenant Renewal under Part II of the Landlord & Tenant Act 1954 Claims/defences under the Equality Act 2010 Recent cases of interest include: Lane v Sammons (2013): Advised and represented tenants in residential lease dispute. Claim for possession on grounds of rent arrears met by Part 20 counterclaim for disrepair. Case was settled to satisfaction of tenants.

4 Hendra Ltd v Lythall (2012): Successfully represented Landlord in claim under commercial lease for rent arrears and damages for breach or repairing covenant/failure to yield up in good repair. Personal Injury & Clinical Negligence Tim has experience in wide range of personal injury work including: Road Traffic Accident Claims Fast track trials Infant settlement approval hearings Quantum hearings Health & safety at work Occupiers liability Employment Tim is a very experienced employment lawyer. He has 20 years experience of advising and representing both employers and employee in all aspects of employment and discrimination law in the Employment Tribunal, Employment Appeal Tribunal, County and High Courts and the Court of Appeal. Tim has been instructed by some of Britain s largest trade unions to represent individual members and to advise and represent them in multi claimant actions. He has particular experience of discrimination cases both within and outside the employment sphere (housing and education). His practice encompasses the full gamut of employment disputes including: Unfair Dismissal Wrongful Dismissal Unlawful Deduction From Wages Claims under the Working Time Regulations Contractual Disputes including the construction and interpretation of terms and conditions of employment Redundancy Disputes Transfer of Undertakings Claims alleging all forms of discrimination under the Equality Act 2010 Reported cases include: Panama v Hackney LBC (2003) IRLR 278: Court of Appeal clarified role of Birchill Test in unfair dismissal claims. Davies v M.J. Wyatt (2000) IRLR 759: Employment Appeal Tribunal gave guidance on the application of the Working Time Regulations. Recent cases of interest include: Advising former chief executive of major west-country organisation on unfair dismissal and claim for breach of contract (2013). Hearley v SCA Group Limited (2013): Represented Respondent employer at hearing of Claimant s unfair dismissal claim in Employment Tribunal. Successfully persuaded Tribunal that although Claimant had worked for Respondent over a number of years short breaks broke continuity of employment. Claim was dismissed.

5 Ribbons v Royal Cornwall Hospitals (NHS) Trust (2012): Successfully advised Claimant who was a nurse whose job offer had been withdrawn by the Respondent Hospital Trust after receipt of references. Case was settled to Claimant s satisfaction after claim brought in the Employment Tribunal alleging disability discrimination contrary to sections 13, 15, 19, 21 and 39 of the Equality Act Bezzi v The Governing Body of St Marys RCVA School (2012): Successfully represented Claimant, a teaching assistant, at the hearing in the Truro Employment Tribunal in her claim for unfair dismissal. Merchant v Kay Transport Limited (2011): Successfully advised and drafted claim for Claimant who had been forcibly retired and dismissed by Respondent. The claim, in the Employment Tribunal, alleged age discrimination contrary to sections 13 and 39 of the Equality Act 2010 and Unfair Dismissal. The case required detailed consideration of transitional provisions relating to age discrimination. Claim was settled to the satisfaction of the Claimant prior to hearing. Successfully defended, on behalf of US Government, very substantial claim for a contractual redundancy payment in Employment Tribunal (2010). Housing and Homelessness Tim has wide experience of housing law, homelessness and related public law which forms a significant part of his practice. He acts for both tenants and landlords. Tim is regularly instructed by a major national housing charity and by local authorities, housing associations and private landlords. His cases encompass the full range of housing disputes including: Possession claims Claims of disability discrimination under the Equality Act 2010 Article 8 defences Disputes over statutory succession to tenancies Disrepair/dilapidations Anti-social behaviour and applications for Anti-Social Behaviour Injunctions; Nuisance allegations Homelessness appeals under section 204 of the Housing Act 1996 Tim has much experience of representing vulnerable and disabled tenants, many suffering psychiatric illness, and defending possession proceedings by relying on Article 8 of the ECHR and disability discrimination defences under the Equality Act Recent cases of interest have included: Cornwall Council v Odendaal (2013): Acted for tenant in 3 day County Court trial of local authority possession claim alleging nuisance and application for Anti-Social Behaviour Injunction under Housing Act Tenant suffered severe personality disorder. Defence alleged disability discrimination under sections 15, 19, 21, 35 and 149 of the Equality Act Allen v Cornwall Council (2013): Advised and acted for Local Authority defending appeal under section 204 of the Housing Act 1996 in the County Court. Case concerned discharge of duty under section 193 of the 1996 Act. Nichols v Plymouth Community Housing (2013): Successfully acted for disabled occupier and partner of deceased tenant claiming succession under section 17 of the

6 Housing Act The landlord did not accept that occupier had been residing with tenant at property when she died and had any rights of succession. It changed locks preventing occupier from entering property. Interim injunction successfully obtained re-instating occupier. Occupier made claim for declaration that he had succeeded to tenancy, trespass, disability discrimination by landlord under sections 15, 19, 35 and 149 of Equality Act and breach of Article 8. Case settled. Landlord agreed occupier could succeed to tenancy. Guinness Trust v Dale (2013): Successfully represented disabled tenant in claim by social landlord for possession of Assured Shorthold Starter Tenancy on grounds of anti-social behaviour following service of section 21 notice. Tenant suffered from learning difficulties which made him vulnerable to exploitation by others who used his flat and created nuisance. Case defended on the basis that possession proceedings constituted unlawful disability discrimination contrary to sections 15, 19, 21, 35 and 149 of the Equality Act 2010 and eviction would be breach of Article 8 of ECHR. After initial hearings in court, landlord agreed to transfer tenant to more suitable accommodation where he could be better supported and discontinue possession proceedings. Cetti v Leddingham (2013): Acted successfully for tenant of an assured shorthold tenancy. Tenant was undergoing treatment for cancer. She had succeeded to tenancy following death of her partner a short time before but was unable to work and pay full rent due to her illness. The tenant was expecting to inherit from her partner s estate but held up because of dispute over his will. The landlord served a section 21 notice and brought possession proceedings. When tenant received inheritance she would be able to clear all arrears. She wanted to remain in demised property until cancer treatment complete. Possession claim defended on basis that proceedings constituted unlawful discrimination contrary to sections 15 and 19 of Equality Act 2010 and Article 8 of the ECHR. Case settled with landlord withdrawing proceedings and permitting tenant to remain in property. Owen v Verbickaja (2013): Successfully acted for private tenant of assured shorthold tenancy in possession proceedings and a counterclaim for return of deposit and an amount equal to three times the deposit under section 214 of the Housing Act The demised property, a house, was co-owned by husband and wife who had split up. Wife had let property to tenant without husband s consent. She had then issued a section 21 notice and issued possession proceedings. Husband, then issued new assured shorthold tenancy to tenant. The tenant had paid a sizeable deposit to the wife s property agent at the commencement of the tenancy which had never been placed in an approved statutory deposit scheme in accordance with the Housing Act Possession claim was successfully defended under section 215 of the Housing Act 2004 which prohibits service of a section 21 notice where there has not been compliance with deposit provisions of the 2004 Act. The court ordered the wife to pay an amount equal to three times the deposit to the tenant and her return her deposit. Cases of Note Recent Cases: Panama v Hackney LBC (2003) IRLR 278: Court of Appeal clarified role of Birchill Test in unfair dismissal claims. Davies v M.J. Wyatt (2000) IRLR 759: Employment Appeal Tribunal gave guidance on the application of the Working Time Regulations. Cornwall Council v Odendaal (2013): Acted for tenant in 3 day County Court trial of local authority possession claim alleging nuisance and application for Anti-Social Behaviour Injunction under Housing Act Tenant suffered severe personality disorder. Defence alleged disability discrimination under sections 15, 19, 21, 35 and 149 of the Equality Act 2013.

7 Allen v Cornwall Council (2013): Advised and acted for Local Authority defending appeal under section 204 of the Housing Act 1996 in the County Court. Case concerned discharge of duty under section 193 of the 1996 Act. Nichols v Plymouth Community Housing (2013): Successfully acted for disabled occupier and partner of deceased tenant claiming succession under section 17 of the Housing Act The landlord did not accept that occupier had been residing with tenant at property when she died and had any rights of succession. It changed locks preventing occupier from entering property. Interim injunction successfully obtained re-instating occupier. Occupier made claim for declaration that he had succeeded to tenancy, trespass, disability discrimination by landlord under sections 15, 19, 35 and 149 of Equality Act and breach of Article 8. Case settled. Landlord agreed occupier could succeed to tenancy. Guinness Trust v Dale (2013): Successfully represented disabled tenant in claim by social landlord for possession of Assured Shorthold Starter Tenancy on grounds of anti-social behaviour following service of section 21 notice. Tenant suffered from learning difficulties which made him vulnerable to exploitation by others who used his flat and created nuisance. Case defended on the basis that possession proceedings constituted unlawful disability discrimination contrary to sections 15, 19, 21, 35 and 149 of the Equality Act 2010 and eviction would be breach of Article 8 of ECHR. After initial hearings in court, landlord agreed to transfer tenant to more suitable accommodation where he could be better supported and discontinue possession proceedings. Cetti v Leddingham (2013): Acted successfully for tenant of an assured shorthold tenancy. Tenant was undergoing treatment for cancer. She had succeeded to tenancy following death of her partner a short time before but was unable to work and pay full rent due to her illness. The tenant was expecting to inherit from her partner s estate but held up because of dispute over his will. The landlord served a section 21 notice and brought possession proceedings. When tenant received inheritance she would be able to clear all arrears. She wanted to remain in demised property until cancer treatment complete. Possession claim defended on basis that proceedings constituted unlawful discrimination contrary to sections 15 and 19 of Equality Act 2010 and Article 8 of the ECHR. Case settled with landlord withdrawing proceedings and permitting tenant to remain in property. Owen v Verbickaja (2013): Successfully acted for private tenant of assured shorthold tenancy in possession proceedings and a counterclaim for return of deposit and an amount equal to three times the deposit under section 214 of the Housing Act The demised property, a house, was co-owned by husband and wife who had split up. Wife had let property to tenant without husband s consent. She had then issued a section 21 notice and issued possession proceedings. Husband, then issued new assured shorthold tenancy to tenant. The tenant had paid a sizeable deposit to the wife s property agent at the commencement of the tenancy which had never been placed in an approved statutory deposit scheme in accordance with the Housing Act Possession claim was successfully defended under section 215 of the Housing Act 2004 which prohibits service of a section 21 notice where there has not been compliance with deposit provisions of the 2004 Act. The court ordered the wife to pay an amount equal to three times the deposit to the tenant and her return her deposit. Ribbons v Royal Cornwall Hospitals (NHS) Trust (2012): Successfully advised Claimant who was a nurse whose job offer had been withdrawn by the Respondent Hospital Trust after receipt of references. Case was settled to Claimant s satisfaction after claim brought in the Employment Tribunal alleging disability discrimination contrary to sections 13, 15, 19, 21 and 39 of the Equality Act 2010.