Barry Coulter

Barry is a specialist in commercial and civil litigation particularly property related. He started his legal career as a common law practitioner. In thirty years of practice there are few areas of law where he has not been instructed.

His experience taught him that the techniques of successful civil litigation cross over from one area of law to the others, for example general commercial disputes, partnership disputes and land and building disputes (including planning).

In addition to numerous talks in the UK he has given lectures to commercial lawyers and businesses in Singapore, Kuala Lumpur, Warsaw and Budapest. He is available to lecture on specific areas or issues within each of his practice areas (and in addition the Bribery Act 2010).

Notable Cases

• SNT Ltd v Bootes a current argument in the bankruptcy court as to whether an international arms dealer is entitled to claim diplomatic immunity such that he can avoid the consequences of default judgments and whether Tomlin orders can be enforced by the Bankruptcy courts.
• Njie v Shofoluwe October 2021 High Court Master Cook. A successful defence of an application under CPR 3.7(3) to revoke a judgment made by consent apportioning liability between insurers (on the one hand the MIB Art 75 insurer and on the other hand the RTA insurer) in a substantial personal injury claim.
• Secretary of State for Education v CCP Graduate School Limited Queen’s Bench Division [2021] EWHC 2432 (QB) successfully defending a test case brought by the Secretary of State against a higher education college for return of tuition fees said to have been wrongly paid out to the college.
• Miles v Shearer Chancery Division 2021 High Court (Chancery) advising on representing the disappointed parties following the refusal of an Inheritance Act claim by disinherited adult children seeking provision from the estate of their wealthy father.
• Shah and Shah v Shah and Shah 2020 [2021] EWHC 1668 (QB) Successful defence of a claim arising out of an internecine property dispute with the assets in India (save for nominal payment) but unsuccessfully resisting a costs order.
• CMC Markets Plc V Mayce Constructions Pty Limited High Court claim arising out of alleged bribery in Australian construction contracts.
• Leggett v Giambrone Law LLP (In Liquidation) Queen’s Bench Division[2020] EWHC 724 claim by 41 individuals against their solicitor for breach of contract in failing to warn of the potential risks posed by Mafia involvement in an Italian sea side development  (the claim now being brought against the solicitors insurers AIG).
• SSE v GE Medway Power Station a dispute over liabilities arsing out of engineering damage in a nuclear reactor.
• Pepe’s Piri Piri Ltd v Junaid Queen’s Bench Division [2019] EWHC 2097 (QB) High Court a successful defence (save for a de minimis payment) of a claim relying on the economic torts by the franchisor against a franchisee. Also interesting for the line of authority followed over the definition of ‘the winner’ under CPR 44.2.
• Mete v AXA Insurance (2013) High Court decision on the ability or otherwise of insurers to rely on the default of the insured to avoid liability to third parties on claims arising under the Road Traffic Acts and European Regulations.
• Anderton v Clwyd CC [2002] 1 W.L.R. 3174: Court of Appeal guidance on the application and practice of CPR r 6.
• Casey v Morane [2001] ICR 316: Court of Appeal guidance on the consequences during a trial of a submission of no case by a Defendant.

• Civil