Call: 1988
COMBAR
London Commercial and Common Law Bar Association
Education
1975-1982 Island School, Hong Kong
1982-1985 BSc (Econ) (Hons) in Accounting & Finance (LSE)
1986-1987 Dip.Law (PCL)
1987-1988 ICSL
Profile
Raoul has a broad Chancery, Commercial and Employment Practice encompassing many discrete specialisms. He has experience in a wide variety of Courts, Tribunals (including Employmeent, VAT and Duties, Leashold Valuation and Lands & Registered Homes tribunals) and other fora (e.g. Land Registry Adjudications, Disciplinary Hearings and Arbitrations. He has particular expertise in:
All forms of Employment Law
Landlord and Tenant and Property Law
Customs Duties
Company Law
Costs
Professional and Medical Negligence
Raoul is a former international swimmer having represemted Hong Kong at both Age Group and National levels. He was a member of the London University Swimming Team and was awarded a "Purple" in 1984. He still competes in Masters events winning at both county and regional levels.
Professional Experience
Employment Law
Raoul has many years experience in all forms of employment law, including contractual issues, unfair and wrongful dismissal claims, redundancy, restrictive covenants and confidential information, discrimination, TUPE, trade unions and pensions. He has lectured on TUPE, Maternity Rights and Pensions. Notable Cases include:
Anglian Windows v The GMB [2007] EWHC 917 (QB) - Interlocutory Injunction, Strike Action, allots and workplaces.
Fraser v HLMAD Ltd [2007] 1 All ER, [2006] ICR 1395 - Res Judicata and Employment Tribunals. Whether a decision of tribunal on a breach of contract claim precludes a further action for the excess over the tribunal's jurisdiction.
Green v Governing Body of Victoria Road Primary School [2004] 2 All ER 763, [2004] ICR 684 - Education, Proper respondent to a claim for unfair dismissal.
Doshoki v Draeger Ltd [2002] IRLR 340 - Race Discrimination - Compensation for injury to feelings.
Kent & Medway Towns Fire Authority v Pensions Ombudsman [2001] OPLR 357 - Firefighters' Pensin Scheme - whether a payment in lieu of annual leave in included as "pensionable pay".
Interlink Express Parcels Ltd v Night Trunkers ltd [2001] RTR 23 - Road Haulage, whether drivers supplied by a third party were temporary employees. Contract, Road Haulage, Use of Goods Vehicles by drivers employed by the defendant on claimant's business, S.2 Goods Vehicles (Licensing of Operators) Act 1995 - whether drivers "temporary employees" of claimant - whether use illegal - whether contract for supply of drivers void for illegality.
Van Erp v Adax (Europe) Ltd [1998] EWCA Civ 93 - Employment Contract, Entitlement to commission.
Wood v Coverage Care ltd [1996] IRLR 264 - Unfair Dismissal, Spent Convictions, Rehabilitation of Offenders Act 1974.
Chancery and Commercial
- Mainwaring v Goldtech Investments Limited (CA) The Times February 19, 1991 - Solicitor's personal liability for costs, Use of Privileged and Confidential Documents, RSC O.24 r.14A
- Millar v Bassey (CA) The Independent August 26, 1993 - Striking-out, Wrongful Interference with trade or business, intention of alleged tortfeasor, RSC 0.18 r.19
- Hughes v Cork [1994] EGCS 25 CA - Adverse Possession, whether possessor's belief that he was true owner meant that the possession was not adverse
- Skuse v Granada [1994] 1 WLR 1156 - Costs, Taxation, Appeal, Discovery of Privileged Documents, RSC O.62 r.10, 11 & 28
- Commissioners of Customs & Excise v Invicta Poultry Ltd (CA) The Times 1 June 1998 - Post Clearance Recovery of Customs Duties, Article 220(2)(B) of Council Regulation (EEC) No. 2913/92
- Wood v Coverage Care Limited [1996] IRLR 264 - Unfair Dismissal, Rehabilitation of Offenders Act 1974- non-disclosure of spent convictions.
- Paperlight Ltd & Others v Swinton Group Limited [1998] CLC 1667 - Franchise Contract, Renewal rights - Notice required by a franchisor before withdrawal from franchise business.
- Wiggins v Richard Read Transport Limited (CA) The Times 14 January 1999 - Costs - Order against non-party - Natural Justice
- Overseas Medical Supplies Ltd v Orient Transport Services Ltd [1999] 2 Lloyd's Rep 273 - Insurance, International Carriage, BIFA Conditions, Unfair Contract Terms Act 1977 - whether Clauses 13(B) and 29(A) of BIFA Conditions were unreasonable limitations of liability for freight forwarding agent's failure to insure goods.
- Interlink Express Parcels Ltd v Night Trunkers Ltd (Ferris J.) The Times 15 March 2000 - Contract, Road Haulage, Use of goods vehicles by drivers employed by defendant on claimant's business, S.2 Goods Vehicles (Licensing of Operators) Act 1995 - Whether drivers "temporary employees" of claimant - whether use illegal - whether contract for supply of drivers void for illegality.
Publications and Lectures
Lectures on S.459 Petitions and Interlocutory Relief
Outside Interests
Swimming, Riding, Scuba Diving