Robert acts for claimants and defendants in credit hire cases. He is happy to draft statements of case and advise on liability/prospects of success. He is well versed in all arguments surrounding enforceability, need, period, impecuniosity and rate.
He recently advised on the prospects of appeal when the trial judge introduced the rarely used principle of “non est factum” to find that a credit hire agreement was unenforceable.
Further, he recently acted for the claimant in a case that included a challenge to the enforceability of a credit hire agreement on the grounds that it had been entered as a result of misrepresentation. He argued, successfully, that a finding of misrepresentation renders a contract voidable, not void, and that the claimant had affirmed the contract by, inter alia, bringing proceedings.View full profile >>
Appeal related to costs budgeting order – Stonehaven v St John (2017)
Robert acted for the Defendant (“D”) in appeal proceedings before HHJ Harris in Oxford County Court. The main issue was costs. The district judge at the CCMC had found that D’s costs were not limited to fixed costs as the claim started in the MOJ Portal but had subsequently been allocated to the multi-track. As this was inconsistent with HHJ Grant’s judgment in Qader v Esure, D filed a Respondent’s Notice which did not oppose C’s appeal of the costs budgeting order. Before the hearing to determine the costs of the appeal, Robert advised D to apply to amend its Respondent’s Notice as the Court of Appeal (in  EWCA Civ 1109) had overturned HHJ Grant’s decision in Qader v Esure. The Court of Appeal handed down judgment two days before the hearing to assess costs. The judge accepted Robert’s submission that there should be no order as to costs in relation to C’s appeal and D’s application to amend its Respondent’s Notice.
Success for Defendant local authority when broadband cables damaged (2017)
Robert acted for the Defendant, a local authority, when its contractor severed fibre-optic broadband cables when undertaking works. The contractor denied that it was liable to the owner of the cables because the local authority had been asked for, and had failed to provide, maps of underground utilities cables before the works started. Following receipt of Robert’s Defence the contractor performed a u-turn and agreed to indemnify the local authority against all damages and costs.
Turner v (1) Alno (UK) Ltd (2) SJM Kitchens (2016)
Robert acted for the Claimant (“C”) in ET and EAT proceedings (UKEAT/0349/15/DA). The case concerned whether or not C’s employment had TUPE-transferred from R2 to R1. R1 appealed the judge’s decision at a preliminary hearing that there had been a TUPE transfer to R1. In the EAT proceedings HHJ Richardson praised the “excellent, focussed oral submissions…” of Counsel.
N’Jie & N’Jie v Harwood (2016)
Robert succeeded in obtaining a freezing injunction for the Applicants at the without notice and on-notice hearings. The background was that the Applicants had settled a claim against Mr Harwood for £25,000 plus costs to be assessed. Detailed assessment proceedings were commenced and a sum of over £180,000 was sought from Mr Harwood. The Applicant’s solicitors then discovered that Mr Harwood had applied to the Land Registry to transfer ownership of his property to his partner. The injunction sought to prevent dissipation of assets.
Desta v Openstart (2016)
Robert acted for the Defendant at first instance and before HHJ Madge on appeal in a credit hire case involving a low-income taxi driver. The judge at first instance had limited damages to C’s net profit for the period of hire, on the basis that the cost of hire far exceeded C’s net profit as a taxi driver. C appealed on the basis that the taxi had business and personal use, and the judge had erred by limiting damages to net profit in such circumstances.
Gonzalez v Dignity Funerals Ltd (2016)
Robert represented 1 of 8 defendants in a consolidated case management hearing in a credit hire case. The court was asked to determine the appropriate order in relation to basic hire rate evidence, and specifically whether C and D should file and serve such evidence sequentially or exchange on the same date.
Public nuisance caused by cow dung (2016)
Robert acted for the Defendant, a dairy farmer, in a claim involving an allegation of public nuisance. The Claimant’s HGV became stuck on a hill covered with cow dung on a rural road in Devon. The Claimant subsequently slipped in the dung and suffered a serious shoulder injury. The Claimant alleged that the Defendant had caused a dangerous obstruction on the road by allowing dung to accumulate when mucking his fields.
Wilton v (1) Sports Direct (2) CES Ltd (3) RES (2016)
Acted successfully for the Claimant, a lift engineer, who fell from height due to poor lighting. The Claimant attended D1’s premises in order to repair a lift. The lift’s motor mechanism was housed on the roof and was only accessible up a ladder and through a hatch in the ceiling. When the hatch closed the ladder was plunged into darkness, causing the Claimant to slip and fall.
3-day employment tribunal (2015)
Robert acted for the Respondent rugby club in a 3-day trial to successfully resist claims for sexual and disability discrimination, sexual harassment, and unlawful deduction of wages. A claim for unfair dismissal succeeded as the Respondent had not followed any disciplinary procedures, but following cross-examination of the Claimant, and submissions, Robert was able to reduce the pleaded case from approximately £7,000 to only £800.
Successful for the claimant in fast-track product liability case (2015)
Robert acted for C in a claim against a home improvement warehouse, when flooring tiles fell from a box onto a customer’s foot. The legal issues included the duty owed by D under the OLA 1957, and whether or not the box of tiles was defective within the meaning of the Consumer Protection Act 1987.
Successful for the claimant in multi-track personal injury claim (2015)
The claimant, an HGV driver, was involved in an RTA in which the defendant was killed. The claimant was subsequently diagnosed with severe PTSD. The claim was successfully settled following service of Robert’s Schedule of Loss, no Counter-Schedule having been served.
Application for interim relief in the employment tribunal (2014)
Robert acted for the claimant in an application for interim relief. It was contended that the claimant had been subjected to a bogus redundancy process as a result of making protected disclosures to his employer, an NHS trust.
Successful for claimants in 7-day employment tribunal (2014)
Robert acted for 5 claimants in an unfair dismissal claim, all of whom had been dismissed following a mass walk-out by around 15 members of staff. The claim was successful following Robert’s submissions as to inconsistent treatment amongst the employees involved in the incident.
Acted for London hotel chain in employment tribunal (2014)
Acted for the respondent, a London-based hotel chain, in a claim for race discrimination, unfair dismissal following protected disclosures, and unlawful deduction of wages.
Successful for claimant in a 4-day employment tribunal (2013)
A successful 4-day trial acting for the claimant in an unfair dismissal and disability discrimination claim.
If you would like to instruct Robert Golin or would like help or advice in doing so, please call and talk to our excellent clerking team, led by senior clerk Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at firstname.lastname@example.org
For more information about our clerking team, please click here for the clerks page.
Outside work, Robert enjoys cooking (followed by eating it), good food and drink, golf, jogging, and an eclectic range of music.