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 >>
CPA Consulting Ltd v SV Croydon Ltd (2019)
In the Insolvency and Companies Court, Robert successfully resisted SVC's application to restrain CPA from petitioning for a winding-up order against SVC. The key issue was whether part of the sum claimed in CPA's statutory demand was admitted, and therefore whether SVC was "deemed" unable to pay its debts under Section 123(1)(a) of the Insolvency Act 1986.
Samuel v SCF (2019, ongoing)
Acted for the Respondent (SCF) in a 6-day hearing. SCF, a charity which provided residential care to vulnerable young people, defended claims of unfair dismissal, victimisation and discrimination because of race. Involved an interesting issue as to whether a post-dismissal reference was an act of victimisation as it referred to the reason C left as being dismissal on disciplinary grounds.
Re Reeves (ongoing)
Acting for a passenger in a claim against the car driver. The driver was nearly three times over the drink-drive limit when he crashed into a lamppost. Very sadly the driver suffered fatal injuries. The passenger suffered a traumatic brain injury.
Re Newman (ongoing)
Acting for the passengers in a car which span off the motorway in bad weather and following a collision with another car. Proceedings issued against multiple drivers and the Highways Agency on the basis that hazardous levels of standing water had accumulated on the motorway due to insufficient drainage.
Re F (2018)
Advised on quantum in a Data Protection case.
Re ZL (2018)
Acted for the Claimant in the Employment Tribunal to successfully resist an application to strike out the claim / impose a deposit order.
Re Branson (2018)
Advised an interested party in a contentious probate matter. The key issue was whether an alleged testamentary document had impliedly revoked a previous Will.
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.
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.