Ian
Skeate

• Disciplinary hearings or registration problems in all areas but especially the GMC/GDC/NMC
• Fitness-to-practice issues

QADER & OTHERS V ESURE SERVICES LIMITED [2015] EWHC B18 (TCC) (Current citation is wrong as this was an appeal in the County Court).

Appeal as to whether Fixed Recoverable Costs apply to multi-track cases that started in the MOJ low value portal.

Dr. G v GMC 2015 Dr. G, a foreign qualified doctor, had successfully completed IElLTS, PLAB 1 & 2 and applied for provisional registration with the GMC prior to starting her Foundation Year. However, she had been given a conditional discharge on 4 counts of falsely obtaining benefits under s.112 of the Social Security Administration Act 1992. Despite there being considerable mitigating circumstances and her declaring this on her application the GMC refused her application on the grounds that her fitness to practice was impaired. Ian handled all aspects of the appeal and successfully argued that the conditional discharges were not 'convictions' thus fatally undermining the Assistant Registrar's decision. The GMC re-considered the decision without the need for an appeal hearing and granted Dr G provisional registration without conditions.

R (on the application of JOANNA TRAFFORD) V BLACKPOOL BOROUGH COUNCIL [2014] EWHC 85 (Admin) A local authority's decision not to renew the lease of premises occupied by a firm of solicitors which represented claimants bringing claims against the local authority was vitiated by the improper exercise of discretion. The decision had not been based on a rational assessment of the relevant considerations, but had been motivated solely by retaliation against the tenant for perceived damage to the local authority's financial interests.

BOWYER V KELLOGG BROWN & ROOT (UK) LIMITED (2014) (Unreported) High value PTSD case for a civilian electrical contractor embedded with the British Army in Iraq. Issues included the application or otherwise of the Compensation Act 2006 as well as complex issues of duty of care for stress at work involving the interaction between the military and specialised sub-contractors in a war zone environment.

Henry v Liverpool CC (2014) (Unreported) A further case where the Defendant's reliance on the Compensation Act 2006 to avoid a duty of care was successfully rebutted. A school was held liable for failing to supervise a disabled pupil at a para-athlete event resulting in personal injury.

Bombis & others v Schiff, Waddicor and Allianz, 2014 Preston County Court: 3 day trial of the same Claimant involved in 2 separate car crashes, each defended on the basis of fraud – each Defendant independently of the other claimed deliberate slam on and queried the identity of the Claimants alleging phantom passengers. Both claims fully successful and all allegations of fraud dismissed.

CHURCHILL CAR INSURANCE v VICTOR KELLY [2007] EWHC 18 (QB) Guidance on the effect on legitimate heads of claim of putting forward some dishonest heads.

Counsel to GNER in the Selby Rail Disaster Inquest 2002.

• PIBA
• PNBA
• ELBA
• Northern Circuit Medical Law Association

A very experienced trial and appeals barrister with a busy fast track and multi-track practice in both the County Court and High Court ranging from £10,000 to £10,0000.

Advising on all aspects of Property Business including: Boundary disputes, Party Wall Disputes, Rights of Way, Beneficial Ownership including constructive and resulting trusts as well as proprietary estoppel.

Contested Wills Housing disrepair claims including private landlords as well as dilapidation cases and cavity wall claims.

• L&T Residential and Commercial Leases including all aspects of possession proceedings.
• Insurance Claims

Recent cases include acting and advising on insurance claims where the insurer has rejected the claims alleging fraud and / or material non-disclosure or misleading information on a claim of £10,000,000, 2 successful Appeals from Housing Disrepair claims, acting in a contested wills case involving a claim for a pre-existing beneficial interest in the family property.

Industrial disease, ranging from asbestos-related claims to deafness and VWF/HAVS claims Road traffic accidents, including claims involving the MIB and Article 75 and the Domestic Regulations with particular experience in credit hire and fraud cases from both sides of such litigation

• Accident at work claims
• Employers' liability, professional liability and occupiers' liability claims

• Unfair dismissals and redundancy, including jurisdictional points and all forms of discrimination
• Particular experience in disability discrimination
• Regular appearances in the EAT
• Appeals, where not acting at first instance

Ian believes that many advocates tend to settle employment cases too readily on the day of the final hearing and, whilst settlement can often be the best outcome for the client, a better settlement or result can often ensue if a robust line is taken at the hearing.

• Validity of retainers
• CFA’s
• Detailed assessments
• Appeals on costs matters including wasted costs and split costs orders

Ian is very happy to represent clients in the SCCO in London and he produces a regular ‘Costs Bulletin’, as well as regularly lecturing and advising on the subject. Having costs expertise gives Ian an edge in his general trial work when costs are summarily assessed and can make a great deal of difference to the net end result for both lay clients and solicitors.