Cases: Successes

London Barrister

“Montclare is an excellent Barrister…” – North Ford Solicitors

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Commercial Law

T  v S  [2015] Commercial Law

Montclare recovered damages for breach of contract on behalf of his multi-million pound turnover client.

O v H [2015] Commercial Law

Montclare obtained approval of a consent order in favour of his client for damages, costs and interest.

O v A [2012] Willesden County Court

Montclare recovered debt and fixed costs on behalf of major utility company.

B v E [2014] Commercial Law

Montclare secured a judgment for his Claimant client, dismissal of the counterclaim  and interest at the rate of 8% plus costs at total sum to be paid of just under £5000.

F v N [2014] Multi-Track Trial

Montclare Instructed to appear at the handing down of judgment and to request written submissions on quantum which was sought at over £110000.

S v A [2014] Commercial Law

Montclare represented a national estate agency company and recovered their fee claimed at just under £4000 plus interest and costs.

M v F [2013] Mortgage

Montclare obtained a judgment for his building society client in the sum of circa £60,000.

P v B [2013] Commercial Law

Montclare recovered all damages claimed plus costs in a breach of contract matter for his client, an archeological company.

S v I [2013] Commercial Law

Montclare successfully recovered the remainder from an overall £5000 judgment plus costs on behalf of his company client in relation to a commercial dispute.

T v C [2013] Commercial Dispute

Montclare successfully acted for an  International Publishing company in relation to recovery of its fees for referrals. He obtained an order for the full damages claimed and costs.

I v A [2012]

Acting for a confectionary company in relation to the breach of a lease agreement for a confectionary machine. Montclare successfully applied for rejection of the Defendant’s application to set aside judgment and obtained costs and further interest.

H v P [2012] Commercial Law

Montclare’s submissions resulted in the strike out of the Defendant’s application, obtaining summarily assessed costs, in relation to a breach of contract matter for a Recruitment Company client.

B v S  [2012]

Montclare dealt with directions hearing for major utility client.

G v D [2012] Commercial Law

Montclare recovered a figure of just under £4500 in respect of damages and costs in a commercial dispute for his client, a construction supplies company.

B v Z [2012] Breach of Contract

Montclare recovered over £3000 for breach of contract plus fixed costs and his fee for the other parties unreasonable conduct.

H v S [2012] Charging order

Montclare obtained Final charging order to continue unmodified as same sum in interim charging order plus fixed costs and disbursements.

 

Insolvency Law

Re S [2014] Insolvency Law

Montclare secured an order which allowed his client enough time to file an Insolvency Act 1986 Section 363 Application. Over £100,000 at stake.

H v G [2013] Chancery Division High Court (Company Winding up)

 

Montclare obtained an adjournment of a winding up petition on behalf of his company client as per agreement with the petitioner.

 

G v P [2012]

Montclare pursuaded the court to make a Bankruptcy order against a debtor on behalf of his client company.

Re H [2012]

 

Montclare pursuaded the court to make Bankruptcy orders against 2 debtors.

Re E [2012] Insolvency Law : Chancery Division High Court (Winding up of Limited Company)

Montclare made an application for dismissal of a winding up petition, which was successful the other side having consented to the application.

H v C [2012] Insolvency Law : Chancery Division High Court (Winding up of Limited Company)

Acting for liquidator, Montclare made a successful application for the winding up petition to be withdrawn and the costs of the petition to be in the liquidation.

H v B [2012] Insolvency Law: (Bankruptcy)

Acting for the Trustee in Bankruptcy Montclare made a successful application for the court to make an order in the same terms submitted by his instructors.

Construction Law

F v C [2015] Construction Law

Montclare recovered just under £20000 damages and full costs claimed of £4951.60. Exceptionally here he also recovered damages for stress and inconvenience totalling just under £5000.

N v S [2012] Construction Law

Acting for a Claimant Montclare got the Defendant builder’s application to set aside dismissed and an Interim charging order made final plus costs.

 

 Costs

R v S [2013] Costs

Montclare obtained a 50% reduction claimed against his client in a costs assessment, costs claimed having been reduced from circa £2000 to circa £1000.

G v C [2012] Costs

Montclare was instructed to deal with detailed assessment hearing in relation to costs of over £20,000.

S v T [2012] Costs

Montclare secured an interim costs payment of £6000 in relation to ongoing detailed assessment proceedings.

Credit Hire /Repair

E v Q [2015] Credit Hire

Montclare recovered a daily rate of £210 plus vat , whereas the Defendant had contended for a rate of £100 per day, representing a 110% increase over the rate the Defendant argued applied.

T v S [2015] Credit Hire

Montclare recovered full period claimed of 30 days, subject to the court’s decision on liability.

S v H [2014] RTA/Credit Hire

Montclare recovered compensation for his client whose vehicle was damaged by a lorry.

A v L [2014] Credit Hire

Acting for his Defendant client Montclare persuaded the court to reduce the period claimed from 17 days to 5 days and to dismiss the claim for a collection and delivery charge. The outcome was that his client’s offer was more than the court awarded and as a result Montclare was able to recover costs for his client. The court awarded just under £500 and the Defendant’s offer was circa £1800. It amounted to a significant saving for his client of at least 300%.

W v J [2014] Credit Hire

Montclare achieved a judgment for his client where the period claimed was reduced by only one day to 29 days and recovered circa 80% of the rate claimed.

F v S [2014] Credit Hire

Montclare secured a period for his client of 18 days compared to the 20 days claimed and a figure of just under £100 daily rate

O v E [2013] Credit Hire

Montclare recovered the full period claimed of 57 days, full collection and delivery charge and  fixed costs.

L v S [2013] Credit Hire

Montclare established that his client was impecunious and recovered sum for hire plus costs.

M v J [2012]

Acting for a Defendant, Montclare negotiated and secured a settlement of liability and quantum on a credit hire matter at the door of the court.

I v B [2012] Credit Repair matter

Judge: “ waiting for 2 hours could have struck out but have not due to your (Montclare’s) persuasive advocacy”. The Judge also gave judgment for Montclare’s client in respect of liability.

M v K [2012]

Montclare recovered 83% of the period claimed in a credit hire claim, plus delivery charge and a favourable judgment on liability.

I v B [2012] Credit Hire and Repair

Montclare recovered his fee due to the unreasonable conduct of the other party, over £2500 (which included the full hire period)  in respect of the heads of claim, witness expenses and fixed costs.

M v M [2012] Credit hire

Montclare recovered all Credit Hire claimed of just under £4000.

 

Employment Law

Jideofo v Doves Solicitors UKET/2331581/2008/E:
3 Day Hearing. Argued successfully that claimant was not an employee or owed all wages claimed and saved client £145,000 in compensation.

Syl-Turay v Imperial College Healthcare Trust UKET/3302609/2009:
Successful in arguing that appropriate steps had not been taken to ensure that claimant client was redeployed.

Aremu v Kings College NHS Foundation Trust UKET/2303722/2009
Convinced tribunal that client had the basis of a case for a claim under the Public Interest Disclosure Act 1998.

Aziz v Mays Nurses Care Agency UKET/2340025/2009
Triumphant in defending client against a claim for £4322.50 under the Minimum Wage Act 1998.

 

 

Landlord and Tenant

L v B [2013] Landlord and Tenant

Montclare recovered outstanding service charges and costs for his London Local Government client.

L v A [2013] Landlord and Tenant (Service Charges)

 

Montclare recovered outstanding service charges  plus interest and costs for his local government client.

P v L [2013] Landlord and Tenant

 

Montclare obtained an order for possession and arrears for his landlord client.

L v D [2013] Central London County Court:  Landlord and Tenant Dispute

 

Montclare dealt with the interpretation of a Transfer Deed Covenant on behalf of a major London Local Government client. This involved extensive submissions and analysis of local plans.

L v D [2013] Service Charge Arrears

Montclare recovered the above for his Local Government client in addition to interest and costs.

M v S and C [2012]

Montclare acted for a Landlord in a Case Management Conference where the matter was allocated to the fast track and secured directions requiring the Defendants to properly plead their case.

K v M [2012] Landlord and Tenant

Acting for a property investment company Montclare obtained an order for possession and judgment of over £5000 with fixed costs, and daily occupation rate confirmed.

 

 

L v D [2012] Leasehold Service Charges

 

Montclare obtained a judgment plus interest for the full services charges claimed on behalf of his London Borough Client.

T  v B [2012] Landlord and Tenant (Forfeiture)

 

Montclare obtained a forfeiture order on behalf of his Landlord client giving submissions on Smith v Spaul [2002] EWCA Civ 1830, meeting the judge’s query in relation to such an order when there was a mortgagee in possession who had not been joined as Defendant. The answer being that contract law applies and there is no privity with mortgagee in possession and no need to add as a defendant.  Montclare obtained an order for costs of just under £3000.

L v L [2012]

Montclare acted for a local authority to recover missed payments.

L v W [2012] Landlord and Tenant (Service Charges)

Montclare obtained a judgment for recovery of services charges plus interest, the interest aspect having been challenged, on behalf of his London Local Authority client.

 

 

Personal Injury

Re K [2015] Fast Track Application

Montclare successful applied for permission to rely on further medical evidence and for Part 35 questions

Re C [2015] Fast Track: Strike out

Montclare acting for a Defendant insurer obtained an order for strike out of the Claimant’s claim pursuant to CPR 3.4(2)(c) and summarily assessed costs.

M v A [2014] Fast track

Montclare aided court in setting directions in a CMC.

A v T [2014] Fast Track Trial

Montclare secured a judgment of over £8000 for his client and a similar sum in costs.

C v N [2014] RTA

Montclare secured judgment on their counterclaim for his Defendant client and dismissal of the Claim.

B v U [2014] Fast Track Trial

Montclare recovered costs of over £13000 plus judgment for his clients on their claims.

B v T [2013]  Multi-Track Hearing

Montclare dealt with the setting down of directions

K v N [2013] Settlement Hearing

Montclare was involved in a case where over £11000 was approved by the court in settlement.

Y v H [2013] Application

Montclare made a successful application on behalf of his Defendant client to set aside a default judgment applying CPR 13.3.

C v B [2013] Fast Track

Montclare dealt with personal injury directions hearing.

 

V v W [2012] Croydon County Court

Montclare was successful in applying for relief from the sanction of strike out of the Claim, which was reinstated with no order for costs against his client. (CPR 1.1, 3.9)

B v O [2012]

Montclare recovered general damages for personal injury of  £2000 and costs of just over  £5000.

E v S [2012]

Montclare recovered just under £13000 costs, having recovered a 100% uplift and damages of over £1500 in relation to a Fast Track personal injury claim.

V v J [2012] Multi-Track CMC

Montclare dealt with directions hearing.

 

 

Road Traffic Accident (RTA)

R v V [2015] Multi-Track RTA/Personal Injury

Montclare dealt with listing hearing.

Re E [2015] Fast Track:  Alleged Fraud and Dishonesty

Montclare dealt with a response to the Defendant’s application

R v K [2015] RTA

Acting for a major multi-million pound turnover mail company, Montclare secured compensation for damage to one of the vehicles in their fleet caused by a load dropping from  a forklift driver.

L v D [2012] Uxbridge County Court

Montclare recovered compensation for damage sustained from fibreglass which fell off the Defendant’s trailer and collided with the Claimant’s vehicle. He also recovered summarily assessed costs as a result of the Defendants unreasonable conduct in the litigation process pursuant to CPR 27.14(2)(g).

B v P [2014]  Fast Track Reinstatement Application/Directions

Montclare successfully argued for relief from sanctions pursuant to CPR 3.9 and  reinstatement of the Claimant’s Fast Track claim,  having relied on Denton v White [2014] EWCA Civ  906. He also dealt with setting directions.

P v H [2013] RTA

 

Montclare recovered damages and fixed costs for his Defendant client who were successful in their counterclaim.

G V G [2013] RTA

 

Montclare was successful for his Defendant client on their counterclaim and obtained a order for over £5000 plus interest and costs.

A v H [2013] Fast Track Matter

Montclare dealt with directions hearing.

O v D [2013]

Success on RTA counterclaim.

W v W [2013] RTA

Montclare obtained judgment for his client.

L v D [2012] Uxbridge County Court

Montclare recovered compensation for damage sustained from fibreglass which fell off the Defendant’s trailer and collided with the Claimant’s vehicle. He also recovered summarily assessed costs as a result of the Defendants unreasonable conduct in the litigation process pursuant to CPR 27.14(2)(g).

B v Q [2012] Bow County Court

 

Acting for the Defendant and a client of a major insurer, Montclare achieved dismissal of the Claim

T v T [2012]

 

Montclare achieved dismissal of a claim against a driving school company and judgment on their counterclaim.

 

B v N  – Hertford County Court

 

Acting for a Claimant, Montclare secured dismissal of a CPR 20 Claim and judgment for his client in an RTA matter.

 

S v M [2012] Walsall County Court

Judgment for Claimant client in an RTA matter, with damages, fixed costs and witness expenses recovered.

S v H [2012]

Montclare was successful in dismissing an RTA claim and obtained judgment for his client on their counterclaim

W v Z [2012]

Another successful RTA case in which Montclare recovered a sum for loss of use and repairs, plus fixed costs.

K v E [2012]

Montclare persuaded the court to dismiss the RTA claim against his Government Agency client in a case involving the other party’s articulated lorry.

 

B v C [2012] CPR 42.3

Montclare was instructed to apply for instructing Solicitors to come off the court record pursuant to CPR 42.3, which was granted.

S v E [2012] Multi-Track CMC

Montclare dealt with directions hearing.

N v L [2012]

Montclare dealt successfully with a Civil Road Traffic Accident final hearing

 

Stage 3 MOJ Portal Hearings

Re G [2015] Stage 3 Adult Hearing MOJ Portal

Montclare achieved a £1500 increase in the general damages the Defendant had offered through the MOJ portal plus costs of over £1600.

Q v E [2015] Stage 3 Adult Hearing MOJ Portal

Montclare obtained an order for damages well in excess of the Defendant’s portal offer and was granted costs of over £1300.

 

A v K [2014] Stage 3 MOJ Portal  Damages Assessment Hearing

Montclare recovered the figure of damages sought by his client and full costs.

 

C v E [2014] Stage 3 MOJ portal Damages Assessment Hearing

Montclare recovered damages of  £1500 compared to the Defendant’s contend figure of  £850, plus costs.

M v E [2014] Stage 3 MOJ portal Damages Assessment Hearing

Montclare secured for his client a figure above the Defendant’s portal offer and thus received an order for costs.