News & Articles -
News
New Partners Announcement
(Posted July 2008)
Russell-Cooke is pleased announce that Mary Cheves and Helen Edwards became partners of the firm on 1 July 2008. Mary joined the Charity Team in October 2005 and advises charities and not for profit organisations on property and related Charity Law. Helen joined the Commercial Property Group in September 2006 and advises on all aspects of commercial property, with a particular emphasis on retail and development work.
Taxation - Student of the Year - Congratulations!
(Posted June 2008)
Rita Bhargava of Russell-Cooke's Private Client team was recently awarded the Society of Trust and Estate Practitioners (STEP) President's Prize for Qualified Practitioner Student of the Year in Taxation. She was awarded the prize for her thesis paper on the taxation of pre-owned assets which has been published in the student supplement of the STEP Journal. Rita was presented with the award at the recent STEP Student Excellence Awards ceremony. Click here to read the thesis.
New Partner in the Charity Team
(Posted May 2008)
Russell-Cooke is pleased to announce that a new partner, Andrew Studd, has joined the firm’s Charity Team.
Andrew is a commercial and transactional lawyer who specialises in advising charities, social enterprises, trade associations, membership and other not-for-profit organisations. His extensive experience is a significant new resource for the Team’s expanding client base.
Andrew joins the Team from Bates Wells & Braithwaite where he was a partner. Prior to that Andrew worked as in-house counsel for major international development agency, Care International UK and spent ten years in the commercial team at Ashursts where he advised on major international transactions and management buyouts. His work includes advising on a wide range of charity law issues, constitutional and governance matters, commercial contracts, mergers and incorporations, joint ventures and reorganisations.
The Charity Team at Russell-Cooke now has eleven partners and solicitors providing advice on all areas of charity, company, commercial, employment and property law. The Team, which is among the top three charity advisors in the country, continues to grow and develop to meet the changing requirements of the sector.
Please click here to find out more about the work of the Charity Team and their clients.
Tribunal Dismisses Leeds United FC’s Appeal
(Posted May 2008)
Peter Cadman, head of Russell-Cooke’s Professional Regulation department, recently sat on the Football Association’s independent arbitration panel that heard Leeds United FC’s appeal against a 15 point deduction. Peter, a leading lawyer in the regulation field, sat alongside Sir Philp Otton, a former High Court Judge and Peter Leaver QC, to consider the appeal. They found that Leeds United had signed a binding agreement with the Football League to compromise the action limiting any right of appeal to an EGM of all Football League clubs.
The tribunal hearing, which lasted four days, was an important case as arguments were raised of a multi-disciplinary nature. Along with sports regulation there were issues of company law, bankruptcy, tax law and general common law principles of equity and European law.
There were also issues of duress to consider in that one of the main points raised by Leeds United were that they were forced to sign a waiver agreement. They argued that if they did not sign it they would only be readmitted to League 2 rather than League 1. All these points were heard and considered over the four day hearing.
Peter Cadman was featured as Lawyer of the Week (click here for the full article), in the Law Society’s Gazette because of his association with the case. Click here for a summary and full ruling of the judgement.
The Case Summary can be downloaded here.
Rebecca Romero – Congratulations for two gold medals!
(Posted March 2008)
Congratulations to Russell-Cooke sponsored Rebecca Romero, who claimed two gold medals in the space of a few days at the World Track Cycling Championships in Manchester recently. Rebecca overpowered Sarah Hammer of the United States to win the women's individual pursuit title (27th March 2008). She clocked a winning time of 3mins 30.501secs to beat the two-time defending American and, in the qualifying rounds, Rebecca set a new British record time of 3mins 29.593secs. Rebecca then went on to claim a second gold medal as part of the British pursuit team (29th March 2008). Given that she has only been cycling professionally for two years makes this an astonishing achievement.
Russell-Cooke have sponsored Rebecca since she started her junior career back in 1996, as a rower! She excelled in her rowing career, winning many titles including a silver medal at the Athens 2004 Olympics in the quadruple sculls. The following year she was part of the British crew that won the 2005 World Championships in the quad sculls in Gifu, Japan.
Her decision to switch sports at the height of her career was a surprise but the firm’s belief in her talents as an athlete have been wholly justified. We are immensely proud. Rebecca has now established herself in a dominant British team and is setting her sights on gold at the Beijing Games this summer.
Russell-Cooke help Pret with due diligence aspects of the sale to Bridgepoint
(Posted February 2008)
Russell-Cooke’s Commercial Property Department have been kept busy over the last 8 months acting for ‘Pret a Manger’, dealing with the property aspects of the sale of a majority stake in the company. This involved collating information, dealing with enquiries and maintaining a secure and confidential property data room where interested parties could inspect documents relating to the company's property assets, which exceed 200 shops internationally.
Jim Fairclough (Partner - Russell-Cooke) acted for the co-founders Julian Metcalfe and Sinclair Beecham when they opened their first sandwich shop in Victoria, back in 1986.
Russell-Cooke have acted as Pret's property lawyers since the Pret concept was created. In commenting on the sale, Jim Fairclough said "Little else gives a lawyer greater satisfaction than seeing your client successfully progress from relatively humble beginnings to a well-known international entity".
Russell-Cooke Secure Significant Damages In Hospital Acquired Infection Case
(Posted January 2008)
Janice Gardner, of Russell-Cooke’s Clinical Negligence and Personal Injury department, has this week settled a high profile clinical negligence case against Chelsea and Westminster Hospital NHS Foundation Trust on behalf of actress Lesley Ash. The case has received a lot of media attention because of the significant amount of damages (£5m) awarded to Ms Ash, which was the highest ever paid out by the Trust for a hospital-acquired infection case.
Ms Ash was admitted to Chelsea and Westminster Hospital on 23rd April 2004 suffering from fractured ribs and a punctured lung. She was given a epidural to control the pain on 24th April and discharged on 28th April. However, before she left, Ms Ash noticed a boil had appeared on her back. She mentioned this to a nurse who failed to report it to the doctor and Ms Ash was sent home without it being examined.
Within 12 hours of being at home, Ms Ash began to develop a creeping paralysis of the lower limbs. Chelsea & Westminster Hospital were called and a message conveyed to the surgeon who immediately sent an ambulance to take Ms Ash to Charing Cross Hospital. On the 29th Apr she was diagnosed with a life threatening infected abscess and underwent emergency neurosurgery to cut out the infection. Although her life was saved, Ms Ash was left with permanent nerve damage and paralysis as a result of the surgery.
Ms Ash had to go through months of rehabilitation in order to be able to walk again. She has lost her innate sense of balance, and will always need the aid of a stick to walk. She is in constant pain and has been unable to work as an actress as she had before.
Russell-Cooke were instructed in 2004 and proceedings were issued against the Chelsea and Westminster Hospital NHS Foundation Trust in November 2006. The Trust admitted breach of duty in respect of the nurse’s conduct and agreed that this exacerbated Ms Ash’s condition although they argued that some of the injuries were by that stage inevitable. However, after exchanging expert evidence between the parties, the Trust reopened negotiations.
The case was listed for trial on 1st April 2008 but an amicable settlement of £5m was reached 16th January 2008. The bulk of the award was for Ms Ash’s loss of earnings but also took into account costs for her rehabilitation and her past and ongoing care. Ms Ash had suffered catastrophic injuries which ruined her career.
Russell-Cooke took Ms Ash’s case on a conditional fee basis (‘no win, no fee’).
For more information about this case please contact Janice Gardner:
020 8394 6569
janice.gardner@russell-cooke.co.uk
For more information about the service of the Clinical Negligence and Personal Injury department please click here.
High Court Kicks Out Football Appeal
(Posted January 2008)
Peter Cadman and Matt Bosworth of the Professional Regulation Department represented Media Protection Services Limited in the successful dismissal of an appeal brought in the Administrative Court of the High Court by a Portsmouth licensee, Karen Murphy.
Mrs Murphy had been convicted, in a matter prosecuted by Russell-Cooke, at Portsmouth Magistrates’ Court for illegally showing foreign satellite broadcasts of Barclays Premier League football matches under the Copyright Designs and Patents Act 1988 and already had her first appeal dismissed by Portsmouth Crown Court. The High Court appeal was heard before the Right Honourable Lord Justice Pumfrey and the Honourable Mr Justice Stanley-Burnton.
The appellant contested her conviction by stating that there was a separate and distinct broadcast from the foreign provider as opposed to the legitimate Barclays Premier League licensee British Sky Broadcasting Limited. Her legal team went on to argue that by paying a fee to a third party (not the foreign broadcaster but a company purporting to be their agents within the United Kingdom) that she could not be guilty of any offence under the CDPA 1988. They also argued that their approach was confirmed in the various Broadcasting and Conditional Access Directives from the European Community.
The Judges hearing the matter in the High Court gave their judgment on 21st December 2007 (sadly it was the last judgment handed down by the Right Honourable Lord Justice Pumfrey as he died on Christmas eve) and all arguments put forward by Mrs Murphy’s legal representatives were flatly rejected by them.
The Court ruled that the CDPA 1988 was consistent with EC legislation and that the broadcast originated from within the United Kingdom. The Court went on to rule that prosecutions for showing Barclays Premier league football matches without having the correct agreement in place with the legitimate licensee were correctly brought as all such showings were illegal acts of dishonesty. The ruling confirms that broadcasters that use conditional access technologies to show sport content within the United Kingdom can do so in the knowledge that criminal statute, as well as civil, protects their Intellectual Property rights.
The appellant still has arguments in respect of free movement of goods and Competition law to put before the Court – some time in January/February of this year.
Click here to view a full copy of the ruling from the Administrative Court.
Corporate Social Responsibility Award Nomination for Russell-Cooke
(Posted January 2008)
Russell-Cooke has been nomintated for a 2008 Legal Business award in the category of Corporate Social Responsibility Firm of the Year. The nomination recognises the firm's commitment to publicly funded work which accounts for some 10% of its work.
Russell-Cooke was listed in the Legal Business top 100 law firms in 2007 and was singled out for its distinctive culture which aims to make the firm financially secure without being profit-driven. Tight internal controls keep the firm's overheads and fees at sensible levels ensuring that clients get best value and the firm can maintain its commitment to publicly funded childcare, family, personal injury, clinical negligence and criminal litigation work.
Hourly rate headlines make good reading for Russell-Cooke clients
(Posted December 07)
The two leading legal directories, Legal 500 and Chambers Guide to the Legal Profession, were recently published and Russell-Cooke was once again ranked amongst the leading legal teams in a number of areas.
In Chambers, the firm’s Personal Injury & Clinical Negligence, Charity and Criminal Litigation teams were included amongst the those leading in their areas and Deborah Blythe, James Sinclair Taylor and Jae Carwardine were listed individually as leaders in their fields. The Family and Contentious Property teams improved on their previous year's rankings with Family doing particularly well as the firm were noted as being the only one listed all three London family law tables. Both Samantha Little and and Fiona Read were listed as leaders in the field of family law. Jason Hunter was once again listed as a leader and individually improved on his 2007 ranking in property litigation. There was additional recognition for the Regulation team with John Gould being listed as a leader in addition to Peter Cadman. There was also a new entry for Commercial Property.
The Legal 500 directory once again recognises the firm’s Crime, Family, Private Client, Clinical Negligence & PI, Charity, Commercial Property and Contentious Property teams as leaders in their fields. There were two new entries this year. The Criminal Litigation department were recognised for their expertise in fraud and Commercial Property for their expertise in the property aspects of the leisure industry.
Recognition for Russell-Cooke
(Posted November 07)
The two leading legal directories, Legal 500 and Chambers Guide to the Legal Profession, were recently published and Russell-Cooke was once again ranked amongst the leading legal teams in a number of areas.
In Chambers, the firm’s Personal Injury & Clinical Negligence, Charity and Criminal Litigation teams were included amongst the those leading in their areas and Deborah Blythe, James Sinclair Taylor and Jae Carwardine were listed individually as leaders in their fields. The Family and Contentious Property teams improved on their previous year's rankings with Family doing particularly well as the firm were noted as being the only one listed all three London family law tables. Both Samantha Little and and Fiona Read were listed as leaders in the field of family law. Jason Hunter was once again listed as a leader and individually improved on his 2007 ranking in property litigation. There was additional recognition for the Regulation team with John Gould being listed as a leader in addition to Peter Cadman. There was also a new entry for Commercial Property.
The Legal 500 directory once again recognises the firm’s Crime, Family, Private Client, Clinical Negligence & PI, Charity, Commercial Property and Contentious Property teams as leaders in their fields. There were two new entries this year. The Criminal Litigation department were recognised for their expertise in fraud and Commercial Property for their expertise in the property aspects of the leisure industry.
Success for client following significant Court of Appeal decision
(Posted October 07)
Nicola O'Connor, of Russell-Cooke's Criminal Litigation department, has recently concluded a landmark case which has seen a murder conviction overturned. Nicola's client, Paul Dwyer, was convicted of murder in 2001. Nicola represented Mr Dwyer at the Court of Appeal which overturned the conviction and ordered a retrial in 2007 largely because the Home Office pathologist's evidence was discredited. The pathologist, Dr Heath, had been reprimanded for his conduct in a separate case. It is uncommon for the Court of Appeal to overturn convictions for such serious offences.
Nicola represented Mr Dwyer at the retrial which was concluded in October. The client was found guilty of the lesser charge of manslaughter and sentenced to six years. As he had already served more than this time he was released immediately.
New Partner Announcement
(Posted August 07)
Russell-Cooke is pleased to announce that Alex Bearman and Oliver Chapman have been promoted to partner as of 1st August 2007. Both are experienced solicitors who have contributed much to the growth of the firm in recent years.
Alex specialises in Employment law and has dealt with a number of high profile cases. He recently represented Diana Woodward in her successful claim for permission to take her former employer, Abbey National, to a tribunal over claims she had been victimised for whistle blowing. The case received a great deal of media attention and was widely reported in legal journals because it was the first time the Employment Rights Act has been applied to protect a former employee from action taken by their former employer after the employment had come to an end.
Oliver is a member of the firm's highly regarded Commercial Property Group. He deals with a broad range of property work, including landlord and tenant advice, site acquisitions and disposals, investments, portfolio sales and purchases, and secured lending. He has a particular specialism in property development.
The firm now has 44 partners* and continues to grow and develop its broad range of specialist teams.
*N.B. 'partner' refers to a member of the LLP
Russell-Cooke Convert To LLP
(Posted June 07)
Russell-Cooke, like many other law firms and other professional partnerships, will be converting to a limited liability partnership on 1st July 2007. The change will not affect the services provided to clients in any way. Russell-Cooke LLP will be authorised and regulated by the Solicitors Regulation Authority and the Financial Services Authority to the same extent as the partnership (whose authorisation will accordingly lapse). If you have any queries about the conversion please get in touch with any of your contacts at Russell-Cooke or email Lakhraj Minhas at Lakhraj.Minhas@russell-cooke.co.uk
Professional Regulation Secure Landmark Ruling
(Posted June 07)
Matt Bosworth of Russell-Cooke's Professional Regulation department, has recently concluded a landmark case on behalf of the Federation Against Copyright Theft (FACT). The case was brought against a Southsea publican, Brett Roberts, for showing football matches on Sky without a commercial contract. Mr Roberts was found guilty and the District Judge at Portsmouth Magistrates Court used her powers under the Licensing Act 2006 to strip the publican of his personal licence, the first time such a penalty has been imposed. Stephen Gerrard of FACT said: "This landmark case should warn any licencees illegally showing programmes via the Sky satellite system that they can face losing their licence and their livelihood." FACT are a long standing client of the Professional Regulation department and the team have handled numerous prosecutions of this nature. Head of department Peter Cadman noted: "This result sends out a clear message to publicans about how seriously the courts take copyright infringement of this nature".
Top Personal Injury Accreditation for Terry Lee
(Posted May 07)
Terry Lee, a consultant in the firm's Clincial Negligence and Personal Injury department has been made a Senior Fellow of the Association of Personal Injury Lawyers (APIL). The accreditation is the highest awarded by the association and is held by only eight other lawyers in the country. The accolade recognises Terry's 37 years as a specialist PI solicitor in which he has been involved a number of landmark cases. Terry was named 'Lawyer of the Year' by APIL in 2000 and sits on the the Law Society's Personal Injury Panel.
Russell-Cooke Secure Football Club’s Future
(Posted April 07)
Matt Bosworth of the Professional Regulation department has recently acted pro bono for AFC Wimbledon in their appeal to the Football Association against an 18 point deduction imposed by the Ryman League for fielding an illegible player. Matt and Jim Sturman QC, who also acted pro bono for the club, argued that the deduction, the largest ever imposed in the English league, was not proportionate. The FA Appeal Board ruled that, although the Ryman League had not misinterpreted its rules on eligibility and the decision to deduct 18 points was wholly in accordance with those rules, given the specific and unusual circumstances the deduction of 18 points was excessive. The penalty was reduced to 3 points.
Cross Departmental Team Contribute to New Guide For Personal Injury Practitioners
(Posted March 07)
The updated 'Personal Injury Law, Precedents & Procedure', as recently compiled by the Association of Personal Injury Lawyers (APIL), contains a new chapter on the Court of Protection which was written primarily by leading PI lawyer Terry Lee, a consultant at Russell-Cooke. Terry was able to call upon expertise from other areas of the firm to assist him with the chapter which is a guide to the Court of Protection, its role and its procedures. Katrina Waters of the Private Client department used her specialist expertise in matters affecting the elderly and incapable to make a significant contribution to the chapter. Personal injury lawyer, Geoffrey Simpson-Scott also had substantial input and both are credited in the work.
'APIL Personal Injury Law, Precedents & Procedure' is published by Jordans. Click here for more details.
Merger To Enhance Conveyancing Services
(Posted March 07)
Russell-Cooke is pleased to announce that on 5th March 2007, the firm will be incorporating established conveyancing practice Richard Peat & Co. Sole practitioner Richard Peat will become a consultant in the firm’s Conveyancing Department in Putney.
Richard is a specialist domestic conveyancing lawyer with some 35 years experience in the field. Prior to setting up his own firm, Richard was head of the Property Department at Crossman, Block & Keith which went on to merge with Withers.
The merger continues the steady growth of the firm’s Conveyancing department. The teams based in Putney and Kingston upon Thames now have ten specialist lawyers whose clients benefit from modern conveyancing practices, such as online searches, that speed up the process. The department will also be offering tailored Home Information Packs (HIPs) to clients when the law changes in June 2007. For more information on HIPs, please contact Nigel Coates at coatesn@russell-cooke.co.uk
French Law Department contribute to ‘Going to France – Your life and Business companion’
(Posted January 07)
Dawn Alderson and Patrick Delas have written chapters for the recently published fifth edition of ‘Going to France – Your life and business companion’.
Published by the French Chamber of Commerce in Great Britain, the new edition is a genuine bible for British expatriates intending to set up a home and/or business in France.
The guide is written by professionals, such as the lawyers in Russell-Cooke’s French Law Department. Dawn Alderson, who is a partner at Russell-Cooke and heads up the department, has written a chapter in the book about ‘Purchasing Property’. Patrick Delas is an Avocat au Barreau de Paris at Russell-Cooke and writes about ‘Letting a Property’ and ‘Gites ruraux, chamber d’hotes and tables d’hotes: legal do’s & don’ts’.
The book is available from all good bookshops and can also be purchased directly from the publisher’s website: www.ccfgb.co.uk
Dominic Fairclough Appointed to AvMA Panel
(Posted December 06)
Following a rigorous assessment process, Dominic Fairclough has been appointed to the Specialist Clinical Negligence Panel of Action Against Medical Accidents (AvMA). Members must have proven expertise in the field to be considered for the panel and have work referred to them by AvMA. Dominic joins Terry Lee who is already a panel member.
Leading Legal Directories Praise Russell-Cooke
(Posted November 06)
The recently published editions of Legal 500 and Chambers Guide to the Legal Profession have once again put Russell-Cooke amongst the leaders in a number of legal fields.
The firm is recommended for:
Crime. The team has leapt up the rankings in Chambers and are also recommended by the Legal 500. Head of department, Jae Carwardine, is listed as one of the leading solicitors in Criminal Litigation and 'has a sterling reputation' according to Chambers.
Property Litigation. The department is once again recognised in both directories. Chambers describes the team as ‘extremely competent’ and head of department, Jason Hunter, as ‘pragmatic and sensible’. Jason is also listed amongst the country’s leading property litigation solicitors.
Charities. Russell-Cooke’s ‘committed and streamlined’ Charity Team have done ‘some really impressive work right across the spectrum’ and both directories list the department amongst the top ten charity law advisors in London. James Sinclair Tayor is also listed by both directories as one of the country’s leading solicitors in the area.
Clinical Negligence & Personal Injury. The department come highly recommended for both areas of their work. Deborah Blythe is cited as a leader in the field of clinical negligence and is described by Chambers as ‘tactically astute’. The Legal 500 praises the ‘practical & hardworking’ Janice Gardner for ‘chasing hard to obtain a favourable outcome’.
Family. For the first time Chambers split family work into ‘Matrimonial Finance & Private Children’ and ‘Public Law Child & Child Abduction’ and Russell-Cooke was recommended in both areas. ‘Rising star’ Samantha Little was particularly commended for public childcare work and is considered one of the leading solicitors in this field. In the Legal 500 Fiona Read and Camilla Thornton were praised for offering ‘West End quality service for value for money fees’.
Professional Regulation. Described as ‘very much on the ball for disciplinary work’ the Professional Regulation team’s disciplinary experience, advocacy expertise and forensic accounting capabilities are praised in Chambers. ‘Experienced advocate and non-sensationalist’ Peter Cadman is recommended as a leader in the field.
Commercial Property. The firm’s Commercial Property Group continue to impress the Legal 500 who describe the team as ‘painstakingly diligent’. They are once again listed amongst the capital’s leaders from leasehold enfranchisement work.
Contentious Trusts & Probate and Personal Tax, Trusts and Probate. The Private Client department is recommended by the Legal 500 in both areas with Richard Frimston described as ‘capable and efficient’.
Click here for full details of Russell-Cooke’s rankings in Chambers.
Click here for full details of Russell-Cooke’s rankings in the Legal 500.
Russell-Cooke Solicitors settle clinical negligence claim for £4.4 million
(Posted November 06)
Seven-year-old Joshua Hillard was irreversibly brain damaged when he was deprived of oxygen just before his delivery at Mayday Hospital, Croydon, in June 1999.
Joshua’s cerebral palsy means that he cannot sit, stand or walk and has no expressive language except for basic sounds which only his parents can understand. Peter Andrews QC, the families counsel, questioned whether it was a blessing that Joshua’s intelligence was virtually preserved “He will understand as he grows up how different he is from other children and the very huge limitations upon his potential and abilities from a physical sense.”
The clinical negligence department at Russell-Cooke maintained that the birth was delayed ‘as a result of careless and poor quality care’ provided at Mayday. Approving the award at London’s High Court, Mr Justice Grigson expressed his personal admiration for the family.
Deborah Blythe said that “Joshua is a delightful little boy, full of character and I was thrilled that we were able to settle his claim for £4.4 million. The money, payable by Mayday Healthcare NHS Trust (who admitted liability,) will ensure that Joshua is able to receive all the therapies he needs to help him achieve his full potential despite his extreme physical difficulties”.
The case attracted much media attention. Click here for a detailed article by the Daily Mail.