Grant Armstrong

Recommendations

Notable Cases

Notable Cases (Family)

Re MM (A Child: Relocation) [2014] EWFC B176
Application by mother to relocate to South Africa with her child, aged 15 months at the time of the judgment. Permission to the mother was granted. Click here for report in Family Law Week.

Re B (2014) EWCA 1015
Regarding evidence being used in private fact finding hearings from non-subject children in the Court of Appeal. Click here for article covering the issues and the case.

K (A Child) (2014) EWCA Civ 905
Successfully represented a father in contempt proceedings arising in a long running habitual residence case where a child had been left with paternal relatives abroad.

Iss v Tanea et al (2011)
Claim based on alleged non-existent or incorrectly issued circa 2000 ATE Policies by a firm of solicitors where costs of ATE had been paid by third party insurers. Claim for recovery of improperly recovered ATE policy costs from 6 parties. Counterclaims based on share sale agreement. Claim and approximately 9 other claims resolved shortly before trial after 17 hour mediation unsuccessful.

C v A (2011)
Commercial case involving the licencing of a proprietary product system to a national home improvement company. Claimant alleged failure to exploit through UK and claimed substantial damages. Issues involved consideration of defence that product unprofitable analysed by reference to underlying profit models, sales for each region and complex spread sheets. Claim settled.

Re L-W Children (2010)
Appeal against committal in private law based on finding that father was in breach of contact order for failing to allow contact and enforcement order. Definition of “allowing contact” under section 8 Children Act 1989 and new enforcement provisions. [2010] EWCA CIV 1253

Re S (Children) (Restriction on Applications), Re E (A Child) (Restriction on Applications) (2006)
Claim by Father under Section 91(14) Children’s Act 1989 to reinstate contact. Opposed by mother on the basis of serious misconduct. Practice and Procedure considered by Court of Appeal. [2006] EWCA Civ 1190. Reported at [2006] 3 FCR 50.

Woolwich plc v (1) Jones-Dunross (Charles) (2) Ombull (Maureen Lillian); Ombull v Sherrards (2005)
Claim for negligence and breach of duty by wife against solicitors who acted for husband in a remortgage of the former matrimonial home without her consent and by forging her signature. W claimed for loss of chance of recovering more than 50% in Ancillary Relief proceedings, [2005] EWHC 1488 (Ch) (Lightman J).

Re F (1998)
“Implacably Hostile” mother’s appeal against committal for breach of contact order. Reported at [1998] 2 FLR 237 (CA)

Middleton v Steeds Hudson (1998)
Claim for solicitor’s negligence in advising on ancillary relief. Reported at [1998] 1 FLR 738 (Johnson J)

Notable Cases (Commercial and Other)

Rosario v Nadell Patisserie (2010)
Case involved relationship between normal contractual methods of claim settlement by Calderbank offers and Offers to settle under CPR Part 36 in relation to PI claim. Analysis of correspondence against CPR Part 36 provisions and contractual construction. [2010] EWHC 1886 Reported at (2010) All ER D 288

Pearce v (1) European Reinsurance and Run Off Consultants Ltd (2) BDO (2006)
Claim by shareholder in quasi partnership company against shareholder and auditor for negligent valuation under the “buy out” provisions in articles of association. Reported at [2006] PNLR 8 (Hart J)

Re A Debtor (2002)
Debtor’s successful appeal to High Court Judge against bankruptcy order where petitioning creditor held share as security under company articles for debt and where share valuation mechanism had been invoked. [2002] EWHC 1495 (Ch) Lloyd J

Hangartner v Franco Vago
Claims for freight under Ameta freight sharing agreement involving Swiss and UK freight companies. Analysis of invoices and compilation of detailed spreadsheets to resolve issues of payments, mileages and shared costings.

Octagon v JBR Leisure
Landlord and tenant claim for loss of profit caused by prolonged erection of scaffolding around building. Issue of liability and causation of loss involved consideration of variation in turnover and profits demonstrating absence of real loss.

Ashley Law v Whittle
Acting for IFA against former independent IFA now litigant in person. Multiple mis-selling of Endowment Policies and investment products. Third party references to FSO to recover monies. Claims paid by IFA and sought to be recovered against defaulting IFAl issue of independent liability to firm for misspelling in light of FSA regulations and detailed licence agreements in dispute. Claim upheld.

Appointments

• CEDR Accredited Mediator

Memberships

• Family Law Bar Association

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