Hal Branch Partner - Dispute Resolution and Immigration

Hal’s first significant case was as part of the small team acting for Lord Patrick Spens in the Guinness trails. Hal also represented two soap stars in the House of Lords in a defamation case against the now defunct News of the World. A further libel case of interest was acting for the wealthiest lady in Russia in her claim against the Sunday Times up to the Court of Appeal. Hal also acted in proceedings related to the largest fraud case ever in South Africa and the largest fraud case in the UK.. More recently, litigating in the BVI was of particular interest and obtaining the release of a 72 year old lady from prison after she had been unlawfully imprisoned by a judge in the Court of Protection.

Acting for the Government of Vanuatu in the High Court in London, in respect of it prosecuting claims against Unimed Glory S.A. that Vanuatu’s fishing quota of jack mackerel had been unlawfully sold, for many years, hence depriving Vanuatu of a valuable natural resource. The case also involved  complex issues of fraud and corruption.  The court of appeal gave permission to appeal in respect of  an important and undetermined issue in respect of State Immunity, namely whether the court at first instance was right to grant an injunction based on an alleged waiver of state immunity, where such waiver was given in an alleged forged document.

Acting for the applicant  in the court of appeal which confirmed that a court hearing proceedings for committal for contempt of court had to ensure that the accused person was made aware that he was not obliged to give evidence but also warned that adverse inferences might be drawn if he exercised the right to silence.

Mr Edwin Johnson QC, sitting as a Deputy Judge of the High Court, handed down judgment in Colin Johnston v Lady Natalie Elsie Wackett [2019] EWHC 3353 (Ch), a claim for an order under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975.  The judgment includes important guidance as to the correct application of the judgment of the Supreme Court in llott v The Blue Cross and others [2017] UKSC 17 in the context of claims under the 1975 Act brought by adult children of the deceased.

Acting for a Spanish seating manufacturer at the inquest in Birmingham Coroner’s Court following the tragic death of Mr Ateeq Rafiq who died a week after he got stuck searching for his possessions under a seat at Vue Cinema Complex in Birmingham’s Star City.

The article on the BBC News website may be viewed here.

This was an interesting second appeal in the Court of Appeal which deals with principles of unjust enrichment, the finality of a court order and a restatement by Lewison LJ of the law of forfeiture of long residential leases.

Acting for Teresa Kirk who was imprisoned for contempt of Court for refusing to sign a release form in respect of a patient, so that the patient would be moved from a care home in Portugal to a care home in the UK. On appeal we were able to obtain Ms Kirk’s immediate release from prison.

The High Court considered whether a conflicting email and attachment constituted acceptance or a counter offer. A further significant point of law which was considered on appeal was whether there can be unlawful enrichment where a possession order had not been set aside.

This was a highly publicised 2 week trial in which Hal acted for the Third and Fourth parties in a £10m claim concerning the ownership of East Thurrock football club and surrounding development land. The claim involved issues of partnership law, constructive trusts and proprietary estoppel. It received widespread press attention including The Times and Daily Telegraph.

Acting for the Claimant in a claim for damages against the guarantor of numerous loans. The claim arose from the biggest ponzi fraud in South African history.

Acting for the Claimant, a shareholder in Partridge Fine Arts, in his successful claim for damages against guarantors who had guaranteed the acquisition of shares when Partridge was taken over. The claim concerned complicated issues of law including promissory estoppel, waiver, forbearance and the successful appeal of the decision of the District Judge to withdraw his Judgment.

Successfully acting for the Claimant in a significant claim for damages for defamation, against the Sunday Times, in what is now a leading case in respect of innuendo meanings in defamation.

Acting for one of the Defendants in perhaps the single largest claim in the  English Courts in excess of US$4 billion and featured as a Top 20 case of 2011 in The Lawyer. There are nine sets of proceedings and the firm was instructed in respect of the AAA proceedings which concerned an alleged fraudulent transaction against BTA Bank. The issues included freezing and search orders and other applications in the Chancery Division and Commercial Court.

Acting for the Claimant who successfully obtained Judgment for just over $4,000,000 in an action concerning Lehmann Brothers Medium Term Basket Note with a face value of US$7,000,000. It is believed that this is the first reported decision in which the High Court has considered the legal nature of a securities purchase agreement. The case also concerned issues of an agent’s liability under a contract in the context of securities trading.

Acting for a successful Claimant seeking return of a deposit for a property purchase at auction on the basis of misrepresentation, implied covenants to title and vacant possession. The Defendant was refused permission to appeal at a fully argued permission hearing. Lloyd L. J. ruled that the common auction conditions did not exclude ability for positive misrepresentations. He also held that there was no reason why a Court could not award enhanced interest on costs under Part 36 where the receiving party was funded by a CFA.

A successful interim application for the disclosure of information about assets which are or may be the subject of an application for a freezing injunction.

Insolvency Act 1986 section 423. Leave of the Court was not required to continue proceedings in which an order to set aside a transaction at an undervalue had been applied for before the debtor’s insolvency.

A company director held not to be liable for solicitors’ fees where terms of business containing a guarantee was not signed in his personal capacity.

Acting for a successful Claimant in a high value bullying and harassment claim.

The standard of conduct of directors of insolvent companies.

A libel action for two Australian soap stars after the publication in a Sunday newspaper of a “defamatory” photograph which was held not to be defamatory when considered with the article as a whole.