Richard Peter Tymkiw LLB (Hons)
Admission to the Solicitors Roll 18 June 1979
Family and Senior Litigation Partner
Reported cases:
Professional : Bannister King & Rigbeys [1987] 1All ER 727 (aka Fox’s case) (Judgment of Master of the Rolls Sir John Donaldson QC) : reaffirmation of the Court’s inherent jurisdiction over solicitors as Officers of the Court. (Acted for the successful Plaintiffs).
Insurance law : Eurodale Manufacturing Limited v. Ecclesiastical Insurance Office Plc [2003] EWCA Civ 203 & Times’ Law Reports September 2003. Upheld on Appeal. Definition of in transit for the purposes of transport of commercial freight within the English jurisdiction and insurance claims in relation thereto. (Acted for the successful Claimant).
Family L Norris v. Norris [2003] All ER (D) 424. Upheld on Appeal (Determination : Lady Justice Butler-Sloss, President of the Family Division). Long marriage/large asset case. 50.50 capital division. For wife at first instance. Invention of the concept of clawback. (Acted for the successful Petitioner).
Contentious probate : Lim v. Thomson : May 2010 : Wills & Trusts Law Reports – 661. Holding that a photocopy of the deceased’s signature insufficient to amount to valid execution for the purposes of the Wills Act 1847. (Acted for the successful Defendant).
Professional disciplinary : The Law Society v. Thomas Patrick Bluett. The Law Society’s Gazette. 2002. Acted for the successful Respondent. Costs award against The Law Society. On the facts : Tribunal’s view that intervention in this case was effectively unfounded.
Contentious corporate : Abouraya v. Sigmund [2014] EWHC 277 (CH). Held : inappropriate to employ derivative action to enable Claimant to employ his status as shareholder to advance his interests as a purported creditor of a wholly owned subsidiary. (Acted for the successful Respondent).
Richard’s outlook is founded upon the strong notion of the solicitous (hence solicitor) meaning : showing interest or concern.
He derives considerable satisfaction from his ability to forge strong client relationships and develop rapport.
He acknowledges that clients should expect noting less than competence and commitment from him. He is a former legal and practitioner and remains alert to matters of pocket as much as principle.
He places a strong emphasis on constructive dialogue and is committed to the consensual resolution of any dispute.
To achieve such ends he views imagination, presentation, strategy and timing as essential implements.
Having said that and mindful of his clients best interests at all time he is a strong advocate of the independent fair but ultimately the formidable and fearless.
Articles:
13.03.15 : Hayward v. Zurich Insurance Company Plc [2015] EWCA Civ 327 : Settlements and Finality.
13.03.15 : Disputes Imaginative Strategies for Resolution (Part 36 CPR).
04.01.16 : How to Instruct an Expert.
17.08.16 : Appeals : Not Worth the Candle?
28.08.16 : Death of the Stone Age and Dawn of the Protocol.
20.01.17 : Costs Claims : Beware : BNM v. MGN Limited [2016] EWCH B 13.
26.07.17 : Merrix & Harrison : The Death-Knell for Detailed Assessment.
27.07.17 : Lakhani : The Costs Torpedo…
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This Article contains views founded upon the interpretation of current legal practice and procedure. However, each case is fact-specific and much may turn upon the individual nature of the case or changes in the law or differing judicial interpretations.
Richard Peter Tymkiw LLB (Hons) 