Weds 19th February 2025
Our speaker at the Wealden Business Group networking meeting this morning was Richard Byrt, one of our members. Richard selected four examples of legal cases that he found interesting and took us through the details and where possible the resolution of each.
Case 1: James v Scudamore. A complex case where a disputed probate involved family members. Unfortunately the appeal was so late that various key characters had died in the meantime and the judgement was based on the opinion that too much time had passed for the arguments to be unravelled and the appeal was refused.
Case 2: Fearn v Tate Gallery (board of trustees). This case is ongoing and concerns a viewing platform at the Tate gallery that gives spectators a clear view into nearby apartments. The claimant felt that this met the legal definition of nuisance. An audience member commented that the viewing gallery is no longer / or hardly ever, open to the public.
Case 3: Manchester Ship Canal v United Utilities Water: the court decided that discharge of effluent into the water of the waterway constitutes an “actionable nuisance” and the Utility is not immune to prosecution.
Case 4: Federal Republic of Nigeria v Process of Industrial Developments Ltd. The original contract was for the construction of a processing facility in Nigeria. The construction never took place and the initial dispute seemed to be an arbitration claim and the pursuit of damages against Nigeria. A complex case involving fraud, nepotism and deceit by various parties, including some members of the legal profession. Dismissing the case the judge commented that the claim was “driven by greed and the use of corruption with no thought to the effects on others”.
A discussion followed what was an enjoyable and thought provoking presentation.
You can contact Richard Byrt here:
Richard Byrt, Civil Litigation Solicitor
Byrt and Co
richard@byrtandco.co.uk
Tel: 020 4511 6017
Mob: 07766 020212