Commercial Law Case Update by Romona Morgan
Commercial Law pupil Romona Morgan has written a summary of six commercial law cases that have determined important issues that would be beneficial for...
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Romona is currently in her second six months of pupillage under the supervision of Ghazan Mahmood. She welcomes instructions in commercial, employment, and professional discipline cases requiring:
Romona is a very effective advocate. Prior to pupillage, she worked as a County Court Advocate completing over 250 cases across 30 county courts. Romona was instructed in matters involving commercial debt, property possessions, infant settlements, and general applications. She is adept at providing quality client care and building productive working relationships with others.
Romona transferred to the Bar of England and Wales with three years’ experience overseas as an in-house attorney, negotiating new franchise contracts, managing insurance settlements, and executing conveyancing transactions.
During her first six months of pupillage, Romona has shadowed barristers on a wide range of commercial, employment, and regulatory cases including:
Romona has also assisted in drafting particulars of claims, legal opinions, skeleton arguments, and merits assessments.
In her leisure time Romona volunteers with Kiwanis International, a charity focused on serving children in need. She has received several awards in recognition of her altruism. She also enjoys swimming and aerobic exercises.
Commercial – hearings
Rogers v Jacob: Successfully argued that a caravan home was not a dwelling house under the Housing Act 1988 and therefore a notice to quit was sufficient to obtain possession of the property.
DPHL v Parara and Davis: Secured judgment in the Claimant’s favour for 60% loss of income due to cancellation of an event venue by arguing the fairness provisions under the Consumer Rights Act.
Elder v Turney: Persuaded the court to set aside a default judgment made over a year ago so that a defence and counterclaim may be filed.
Ali v BGTL: Acted for the Defendant in successfully reducing liability to ⅕ of the amount claimed in a matter brought under the Data Protection Act.
Hirst v SFSL: Obtained an award equivalent to the full amount of commissions paid in a claim under the Consumer Credit Act for undisclosed commission models.
Harrison v Disley: Successfully set aside a statutory demand and obtained an award of assessed costs against the creditor for breach of the Insolvency Rules.
Brownless v Skivington: Secured an interim order for the transfer of the day-to-day control of a partnership to the Claimant until further order of the court.
Commercial – drafting
Nelson v Jones: Prepared a Reply to Defence and Defence to Counterclaim against a claim for breach of the implied terms in a construction contract.
Kalam v MAL: Prepared the particulars of claim in a case involving breach of a warranty agreement.
Ward v BDW: Wrote an advice on a potential claim against a developer in relation to defects in the property.
H v MC: Completed an advice on a potential claim for breach of GDPR and DPA.
Employment – hearings
Shevlin v CKL: Successfully represented the Claimant in a remedy hearing for constructive unfair dismissal.
Emanuel v LBS: Satisfied the tribunal to make a deposit order against the Claimant in respect of half of the claims brought.
Sakwe v MHA: Achieved a strike-out of claims relating to unfair dismissal and whistleblowing detriment that were significantly out of time.
Adams v INOCL: Represented the Claimant in a two-day trial for constructive unfair dismissal.
Price v HOL: Successfully represented the Respondent in dismissing a claim of unfair dismissal at trial.
Dewdney v KMS: Successfully argued against the Claimant’s application to add named individuals to the claim during a preliminary hearing.
Malar v HBIL: Secured a reasonable settlement in a claim for unfair dismissal on behalf of the Respondent.
Employment – drafting
Scarr v BTLIL: Synthesized a 100-page statement from the client into cogent particulars of claim for filing in the employment tribunal.
Gordon v NCA: Completed a 10-page Grounds of Resistance against claims for constructive dismissal, race discrimination, harassment, and victimisation.
Agbasonu v EOL: Completed a comprehensive draft of the list of issues in the case covering direct discrimination, failure to make reasonable adjustments, discrimination arising from disability and harassment.
Barrow v CSSL: Wrote an advice to the Respondent on the potential defences to claims relating to whistleblowing detriment, automatic unfair dismissal, victimisation and harassment.
Berry v BAL: Completed comprehensive advice to the Claimant on issues relating to constructive unfair dismissal, harassment, direct disability discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, victimisation, and wrongful dismissal.