About

‘The Oracle’

Welcome to my personal blog.

I’m Richard Tymkiw, a partner in the law firm, Kidd Rapinet, based in Canary Wharf.

Admission to the Solicitors’ Roll 18 June 1979

Family and Senior Litigation Partner

Reported cases:

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).

Landlord & Tenant (Undertaking and Loss of Profit) : Stratton and Anor. v. Patel [2016] EWHC 2031 (TCC): Affirmation of the Court’s powers to award damages in respect of a breach of undertaking or injunction where an undertaking took effect – not only as an undertaking to the Court, enforceable through contempt of proceedings – but also as an arrangement having contractual effect.

Landlord & Tenant : Edwards and Walkden (Norfolk) Limited & Ors. v. The Mayor & Commonality and the Citizens of the City of London [2012] EWHC 2527 (Ch).  New business tenancies and fairness of a variable service charge.  Determinations pursuant to section 35 of the Landlord & Tenant Act 1954.  Preliminary issues: whether the tenant was entitled to a rent reduction (on account of income received by the landlord from commercial offices and car park within Market premises) and whether the rents to be fixed by the Court should be an all-inclusive fixed rent (as proposed by the tenants) or rent plus variable service charge (as proposed by the landlord).  Consideration given to section 9 of the Metropolitan Meat & Poultry Markets Act 1860: landlord obliged to use income from the commercial premises for the purposes of supporting maintenance and operations of the market.  Existing leases (held over) were silent on how rent and service charges had to be allocated.  No statutory limitation on the ostensible amount which the landlord could charge the tenants.  Consideration as to what constituted “market purposes”: landlord at liberty to spend on market purposes that were unconnected with the direct provision of services for the tenants.  In principle a Court should not usually exercise discretion under section 35 LTA 1954 to change the essentials of a commercial arrangement between L and T.  On the facts, the landlord had shown good and sufficient reasons to justify a reversion to the original payment structure (that is rent plus a variable service charge).  The principles of the earlier reported case of O’May were affirmed.  (Acted for the tenants in this case.)

Professional Precepts:

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 nothing less than competence and commitment from him.  He is a former legal aid 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 :   Settlements and Finality: Hayward v. Zurich Insurance Company Plc [2015] EWCA Civ 327

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.

20.07.17 :   The Death-Knell for Detailed Assessment: Merrix & Harrison

27.07.17 :   The Costs Torpedo: Lakhani

23.05.18 :  Conveyancing and Imposter: P&P Property Limited v. Owen White & Catlin LLP/Mishcon
de Reya and Mary Monson Solicitors Limited v. The Law Society (Intervener) Judgment of the Court of Appeal (Civil Division) on 15 May 2018

01.06.18 :   Witnessing a Will: Payne & Anor. v. Paye [2018] EWCA Civ.985

12.05.20 :   Bribery and Recent Case Law

19.05.20 :   Force Majeure : England & Wales

29.05.20 :   Part 36 and Recent Cases

17.06.20 :   Disputes : Documents and disclosure

07.07.20 :   Evidence to assist a Foreign Arbitration Case Law

07.07.20 :   Litigation Funding in England & Wales : Certain Observations

21.10.20 :   Solicitors’ Guideline Hourly Rates : Some Observations

05.03.21 :   Nuptial Agreements : Practicalities

28.05.21 :   Limitation : When time begins to run

02.06.21 :   Limitation and The Midnight Hour

01.07.21 :   Fraudulent Misrepresentation : Calculation of Loss

12.01.22 :   Covid-19 : Commercial Landlords and enforcement of covenant : some observations

08.02.22 :   Part 36 Civil Procedure Rules and Indemnity costs : Beattie Passive Norse Limited and Anor. v. Canham Consulting Limited [2021] EWHC 1414.

08.03.22 :    Injunction Orders : to continue or not?

19.04.22 :    When might interest be payable on a Loan?

03.05.22 :    Joint Tortfeasors : Elephant Traps Beware.

15.06.22 :    Contracts and the English Law

Richard hopes you will find ‘The Oracle’ a useful and enjoyable resource.