McMillan Williams Clinical Negligence and Personal Injury Department confirms that it's clients have been awarded over £55 million pounds in the last year. Nicola Mooney, Head of Clinical Negligence, said it was an astounding year for the firm and it's clients, making McMillan williams one of the most successful clinical negligence firms in the country.
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A fourth individual is arrested by Metropolitan Police in Olympic scandal hacking conspiracy. The Metropolitan Police have now arrested 2 individuals in relation to private investigation organisations, 1 individual who was resident at an address at which the hacked documents were sent and the last individual was an accountant, who at the time the offences was in the employment of PKF (UK) LLP. PKF (UK) LLP was retained by Tottenham Hotspur PLC to investigate members of staff at the OPLC and West Ham United FC for the purposes of involvement in the Olympic stadium tendering process. Colum Smith of McMillan Williams says his clients Dionne Knight and Ian Tompkins expect further arrests to take place as events unfold.
Colum Smith of McMillan Williams confirmed that Spurs and their agents were engaged in voluntary disclosure of material in relation to his clients. He expects further revelations to flow as a consequence.
The allegedly illegally acquired phone records of West Ham United's vice-chair, Karren Brady, were passed to Tottenham Hotspur's lawyers in early March, it has emerged, although the club continues to argue that it did not receive copies itself and had no use for them in any case.
Tottenham and accountants "stonewalled" West Ham's vice-chairman when she tried to find out how her phone records were obtained, a High Court judge has said.
In his judgment Mr Justice Coulson said letters sent to Karren Brady were "long on words but short on information".
In November 2010 accountancy firm PKF, engaged by Tottenham, agreed to provide information about her phone records. PKF had copies of her records while bidding for use of the Olympic Stadium after the 2012 Games was taking place. Both London clubs were rival bidders for the use of the venue.
At the High Court in November, Mr Justice Coulson granted Ms Brady an information disclosure order.
The written judgment, which has now been published, gives the judge's view about the behaviour of Tottenham and PKF.
The accountancy firm was engaged by Tottenham to conduct an inquiry in connection with the Olympic Stadium, but there were "no documents" clarifying its role. Mr Justice Coulson said: "The precise nature of the instructions given to PKF remains something of a mystery, because neither PKF nor Tottenham Hotspur have provided any detailed evidence about the precise nature of PKF's role. "Given the issues raised in this case, I consider that this omission reflects no credit on either PKF or Tottenham Hotspur."
West Ham's lawyers began a "long chain of correspondence", first with Tottenham, then with PKF, to find out what happened.
Mr Justice Coulson said: "It appears that Ms Brady was given the traditional run-around by both principal and agents, in a series of letters that were long on words but short on information. "Tottenham Hotspur had told [Ms Brady and West Ham] to go to PKF and PKF had said that the matters were protected by Tottenham Hotspur's right to client confidentiality."
Describing this approach as "stonewalling", the judge added: "PKF's repeated concerns about client confidentiality and the need for wholesale redactions... grew a little wearisome." The judge said PKF's attempt for the November's hearing to be held in private was "rooted in PKF's desire to minimise the embarrassment".
West Ham began inquiries after a newspaper reported in July that the club paid a member of staff at the Olympic Park Legacy Company (OPLC) for consultancy services and mentioned "bank and telephone records... obtained by corporate investigators hired by Tottenham Hotspur". Mr Justice Coulson said the information disclosure order was justified as Ms Brady's telephone records had been "wrongfully obtained by subterfuge".
Both clubs wanted to move to the £486m stadium in Stratford, east London, after the Games, and Tottenham began legal proceedings after the OPLC favoured West Ham's bid.
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Sexual Harassment Employment Claim - settled for over £100,000 - November 2011
Employment specialist Solicitor Philip Luff of McMillan Williams Mitcham branch acted in November 2011 on behalf of two clients who claimed they were sexually harassed whilst attending an overseas business conference. The clients' sought damages from their employer for injury to feelings, loss of earnings and personal injury before the Employment Tribunal. This matter was successfully settled for a combined sum of over £100,000 following a difficult one day judicial mediation, avoiding the need for what would have undoubtedly been a lengthy and stressful Employment Tribunal hearing. Philip specialises in sexual harassment claims.
Philip said "this was a very stressful case for my two clients who when they initially came to see me were so upset they did not even want to talk about what happened. They were very brave in very difficult circumstances".
For all your employment enquiries please call Philip on 020 8685 5310 or click here for more details.
McMillan Williams win again in the Court of Appeal - November 2011
Following the success of our Civil Litigation department in the case of McMillan Williams v Messih in the Court of Appeal our Civil Litigation department under Geoffrey Stagg have set another landmark victory which sets the legal position on the overlap of Probate cases and Inheritance Act claims.
Pinnock -v- Rochester
The case of Pinnock v Rochester was before Mr Justice Sales in the Court of Appeal on 15 November 2011 when he set aside an earlier decision striking out Daniel Pinnock's case and clarified the law in this difficult area for wills and probate practitioners allowing a Probate challenge to the will of his father to continue even though he had accepted an earlier settlement of a maintenance claim under the Inheritance Act 1975. The judge commented that there was nothing inequitable in issuing a second set of proceedings challenging a will and that there was no acceptance or election to validate a disputed will by reaching a settlement under a 1975 Act claim between the same parties nor was it an abuse of process.
Court of Appeal
Geoffrey Stagg, McMillan Williams has had a string of Court of Appeal wins. These include Christals Ltd v Feme Ltd, McMillan Williams v Messih, Pinnock v Rochester.
Probate cases and Inheritance Act claims.
Probate cases include making or defending challenges to the validity of a will either for procedural irregularity, lack of capacity or even duress. The tension between personal representatives and potential beneficiaries from an estate also leads to conflict which courts have to resolve.
Inheritance Act claims arise where a will or the effect of an intestacy leaves someone who should normally inherit (e.g. a son or daughter or partner) without adequate financial provision. Qualifying parties can ask the court to vary the will or generally redistribute the estate more fairly provided they instruct solicitors promptly.
For all your civil litigation enquiries please call Geoff on 020 8685 5312 or click here for more details.
Latest News
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£63 Million Damages - Biggest Damages claimed by firm
October 19, 2011 -
MW gains CQS accreditation - November 2011
November 28, 2011McMillan Williams is delighted to announce that the practice has been assessed by the Law Society and accredited to hold the Conveyancing Quality Scheme (CQS) quality mark standard for good practice management standards and efficient conveyancing procedures.
McMillan Williams Senior Partner John McMillan stated "this was an obvious progression for McMillan Williams as it allows us to remain one of South London and South East's premier conveyancing law firms. This is particularly important when most conveyancing transactions are carried out now by factory farm organisations who are not regulated by the Solicitors Regulatory Authority. It is important for Solicitors to be involved when individuals are purchasing the most expensive asset they are ever likely to own."
The Law Society promotes the use of qualified solicitors' practices who have been independently accredited as providing a high standard of professional service. "Buying or selling a home is one of the biggest deals most of us ever make. For ultimate peace of mind, look for a firm that is a member of the Law Society's CQS. By choosing a CQS member, you can be sure that your conveyancer meets the high standards set by the Law Society and that you will get a professional, high quality conveyancing service".
The Conveyancing Quality Scheme has the support of the Council of Mortgage Lenders, the Building Societies Association, the Legal Ombudsman and the Association of British Insurers.
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Another Cerebral Palsy Win - £7.5 million
November 18, 2011McMillan Williams Head of Clinical Negligence Nicola Mooney in October 2011 successfully won £7.5 million for her Kent based client. Nicky said “this was an emotional and tough case for my client’s family to have to deal with.”
This clinical negligence case was based on a delay in delivery at birth leading to our young client suffering brain injury causing severe learning difficulties and epilepsy. This is a rare and difficult case where the claim succeeded despite the fact that the Claimant’s pattern of injury was not that usually associated with asphyxial brain damage and the family had been advised there was unlikely to be a claim by previous specialist solicitors.
The Claimant is now a young woman but remains functioning, mentally and emotionally, at about a 3 year old level. She is a much loved member of her family and the award will enable the Claimant’s accommodation, care and therapy needs to be met for the rest of her lifetime.
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Penny Johnson Injury Claim Judgment
July 1, 2011Stunning win in court resulting in largest ever plastic surgery compensation award. Mr Justice Owen awards Penny Johnson represented by Colum Smith of McMillan Williams £6.2 million.
Croydon Riots - Not All Charged Are Guilty!
August 4, 2011
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Henry Oghoetuoma, Partner and Head of Criminal Litigation at McMillan Williams stressed recently at the Croydon Magistrates Court, that not all charged with offences relating to the riots in Croydon are guilty.
Mr Oghoetuoma is no stranger to representing those charged with riots in Croydon. In 2004 there were riots in Croydon following the England football matches in the European Championships 2004. Mr Oghoetuoma represented numerous people charged. One of those whom he successfully represented was Mark Suter who was charged with violent disorder.
Not only did he achieve an acquittal for him at trial, but the police were successfully sued by the firm.
The firm is currently representing a host of people charged in the recent civil unrest across London. Mr Oghoetuoma insisted that those whom have a defence will have their cases vigorously contested. The firm will not allow every person charged to be tarnished with the same brush.
This article that was reported in the Croydon Guardian in 2005.Read article...