Res Judicata and claims against trespassers

Galleondeal Ltd & Anor v Farrar (CA B/2016/1690)

The Court of Appeal has granted limited permission to appeal on the question of whether a claim for mesne profits against a trespasser can be brought in subsequent proceedings or whether it merges in the judgment on the possession claim, applying King v Hoare (1844) 13 M & W 494.

While there may be few instances where it will be worthwhile bringing a claim for mesne profits in a possession claim against a trespasser, as there is little prospect of recovery against persons unknown, there may be other areas of property law where the decision might impact. For example, if a mortgagee has obtained a money judgment based on breach of contract, does the doctrine of merger then preclude a later claim for a shortfall, where the lender is suing for breach of the same contract?

Irwin LJ gave permission on the renewed oral application, after permission had been refused by Longmore LJ on the papers.

The appeal is due to be heard in December 2017.

Andy Creer of Hardwicke is acting for the Respondent.

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Election 2017: Lib Dems top The Lawyer readers poll

With a snap election looming, the Liberal Democrats have come out on top in a poll of lawyers’ voting intentions.

Over 1,000 people responded to The Lawyer’s poll, with Tim Farron’s party garnering 41 per cent of the vote.

The Conservatives had the support of 33 per cent of those polled, with Labour third on 17.5 per cent.

Commenting on the result, chair of the Lib Dem Lawyers Association Graham Colley said:  “This election is not just about the Europe Union, it is about our democracy. Do we wish to hand power to one person to shape our future and endanger our commitment to the Human Rights Act, which is imbedded in our beliefs as lawyers?”

“All lawyers are busy, but we must find time to campaign for candidates who will fight for our Parliamentary Democracy and Human Rights.”

Labour and Conservative lawyers have been contacted for comment.

Two of the Lib Dem’s nine current MPs have legal training: Alistair Carmichael (Orkney and Shetland) and Norman Lamb (North Norfolk) are both qualified solicitors. Other prominent Lib Dem lawyers include Blackstone Chambers barrister Baron Lester of Herne Hill.

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Lo♥︎ing legal life: the benefits of empathic leadership

The ‘hard nut’ leader may achieve results, but at what price? This week, systemic coach Zita Tulyahikayo and barrister James Pereira QC discuss empathic leadership and how individuals and organisations can benefit.

Much of Western culture defines itself by a belief that it is an advanced civilised culture, despite the fact that much of our current political and business landscape is characterised by a lack of civility, all be it through the guise of what is acceptable. Hurtful language and behaviour has become the norm and this example is given to us by far too many who hold positions of leadership, power and status.

James Pereira QC

It is therefore of little surprise that our society, organisations and institutions, have become toxic places for a great many people, with damaging results, and to the detriment of our collective wellbeing.

Mental health has reached the top of our cultural and social agenda. The truth is that most mental health issues trace back to the absence of empathy and compassion. We shame each other and we shame ourselves.

Shame is of course a natural part of life, for without it we would have no conscience, too much and we are disabled.

There is growing research evidence to suggest that people want their leaders to be empathetic and compassionate. Nowhere is this more prevalent than in the workplace. As firms look to strengthen the wellbeing of the organisation, it becomes clear that the wellbeing of the organisation and the wellbeing of its individual members are inextricably linked.

For firms to continue to succeed it is imperative that they employ leadership styles that ensure the wellbeing of the greater good of all. In a firm it is the people who make the firm profitable, successful even. If the people are not well then the firm cannot hope to be well either.

Zita Tulyahikayo

The hard nut, invincible lone star leader may well have achieved results, the question is, at what price?

The effects in firms are just like in any other system that has the complexity of being made up of people. The damage caused is indirect, it may well reveal itself in another part of the organisation and be attributed to another cause. A healthy firm needs to be wholly healthy.

So what can we do to ensure that an organisation and its members stand a chance?

Empathic leadership is a vital aspect of a more holistic approach to wellbeing and has much to recommend it. The core part of who we are as human beings is related to empathy and compassion. Without these core values and principles we would be psychopaths or sociopaths. Yet it seems that so often empathy and compassion get left at the front door on the way into the workplace. It is vital to create working environments where these skills are prized and valued if firms want to reach their full potential.

What does Empathic Leadership look like?

Empathic leaders…

  • Have greater self – awareness
  • Are open minded and open hearted
  • Regulate their emotions in crisis and or stressful situations
  • Intentionally respond to challenging situations rather than react impulsively
  • Lead by example rather than direction
  • Use little or no judgement or criticism in motivating their team
  • Have emotional intelligence and are conscious of the impact their words and actions have on others
  • Spend more time observing others rather than initiating
  • Listen not just actively also with compassion and understanding
  • Have the capacity to show vulnerability and acknowledge when they are wrong or have made a mistake

In the realm of Empathic Leadership there is little or no room for workplace bullying, sexism, prejudice, verbal or physical violence. Each member of a healthy organisation know that there is a safe space for her or him to have their essential human needs met in a civilised environment.

The authors welcome feedback from anyone concerned with the issues raised in their writing, and are also interested in hearing from anyone with suggestions for future articles.

You can reach them at zita@lifetherapywithzita.com and on Twitter @LifeTherapyZita and at james.pereiraQC@ftbchambers.co.uk and on Twitter @JamesPereiraQC.

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The Numbers Don’t Lie: Stop Wrongful Convictions Now

What is being done in regard to our flawed criminal justice system?

The Numbers Don’t Lie: Stop Wrongful Convictions Now

What is being done in regard to our flawed criminal justice system?

A De Facto Death Sentence For An Iowa Father

Clarence Allen Rice died of cancer, in prison instead of at home with his family, because the system didn’t work.

A De Facto Death Sentence For An Iowa Father

Clarence Allen Rice died of cancer, in prison instead of at home with his family, because the system didn’t work.

Lorenzo Johnson: The Numbers Don’t Lie: Stop Wrongful Convictions Now

For the third straight year, a new record has been set for the number exonerations of innocent prisoners. We officially had 166 exonerations in 2016. …

Read more: Criminal Justice, Criminal Justice Reform, Prison, Capital Punishment, Supreme Court of the United States, Mass Incarceration, Crime News

BLP reveals smallest-ever promotions round

Berwin Leighton Paisner (BLP) has announced its smallest-ever new partner intake – with four partners made up.

Two of the new partners have been promoted in London, with Patrick Johnson and Gareth Stringer joining the corporate and real estate team respectively.

Johnson joined BLP in 2007 after working as a lawyer in Australian firm Minter Ellison. Stringer meanwhile trained at the firm and became an associate in 2007.

An additional two lawyers have been made up internationally.

Finance lawyer Philippe Kamarowsky has been promoted in Frankfurt, while Vitaly Dianov will become a partner in the Moscow litigation and corporate risk team.

This is one of BLP’s smallest-ever promotions rounds. It promoted 17 lawyers to partnership last year, with the vast majority of new lawyers based in the firm’s London office.

In 2015, just five lawyers were promoted, while eight new lawyers were made up in 2014.

BLP last year posted its second highest average profit per equity partner (PEP) ever at £683,000. However, it also emerged that the firm was freezing all lawyer and staff salaries amid the fallout from the Brexit vote in June.

Partner promotions in full

Patrick Johnson, corporate, London
Philippe Kamarowsky, finance, Frankfurt
Vitaly Dianov, litigation, Moscow
Gareth Stringer, real estate, London

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Robert Greenwald: A De Facto Death Sentence For An Iowa Father

Allison Rice’s dad was a 64-year-old, church-going Iowan father of four who owned a leasing business, got into financial trouble and broke the law t…

Read more: u.s. News , Law, Criminal Justice, U.S. Department of Justice, Federal Bureau of Prisons, Brave New Films, Compassionate Release, Politics News