People

Samuel has a proven track record in Commercial & Insolvency proceedings, regularly appearing in commercial, bankruptcy, and winding up matters throughout the South West.

Samuel has been successful in a number of Commercial proceedings, including a late payments of commercial debts claim in which Samuel was able to recover the core debt, statutory interest, statutory compensation, and significant CPR Part 36 consequences including interest at 10% per annum on the judgment debt and costs.

Samuel was also able to secure an order that a Defendant’s application to set aside judgment and for permission to appeal in a commercial matter were “totally without merit”, going on to secure a costs order for almost all of the legal costs claimed by his client.

Samuel has a particular expertise in Company Law, routinely advising clients on contentious matters involving companies. In particular, Samuel has been instructed on cases involving the restoration of dissolved companies, applications to extend the time limit for registering a charge against companies, and shareholder disputes including unfair prejudice petitions.

Samuel is regularly instructed to attend Personal Injury matters across the South West, including fast track, intermediate track, and multi-track claims for both Claimants and Defendants.

Whilst he was still a Pupil in 2024, Samuel appeared in Plymouth County Court on a complex multi-track claim involving psychiatric injuries that arose from a claim in harassment and trespass to the person. The trial lasted 3 days and involved Samuel cross-examining the Claimant on her 27 pleaded allegations for over 6 hours. Samuel also produced an 18-page skeleton argument and spent 3 hours in argument with the Learned Judge when giving his submissions. Samuel was able to beat 18 of the Claimant’s 27 pleaded allegations, securing a finding from the Learned Judge that the Claimant had deliberately misled the Court on two occasions and received high praise both from the Judge and from his lay client.

Samuel has also been involved in a complex multi-track matter involving a road traffic incident that took place in Cornwall. That case involved serious injuries for both the Claimant and Counter-Claimant, and complex points regarding the position of insurers under Section 151 of the Road Traffic Act 1988 arose at an early stage in the dispute. Samuel provided significant written advice to his client and was considerably successful in representing the Claimant throughout the case, leading to a highly favourable settlement in the weeks preceding the trial.

Where appropriate, Samuel accepts Personal Injury work on a CFA-basis and has been highly successful in securing positive outcomes for clients when working under a CFA. Notably, Samuel has had significant success in CFA matters for Claimants who made personal injury claims against their landlords arising out of damp and mouldy living conditions, settling Particulars of Claim and assisting with the negotiation of settlements on behalf of his clients.

Samuel is building a growing practice in Professional Negligence with a particular focus on matters involving professional negligence by lawyers. Samuel has acted for both Claimants and Defendants in high value claims against barristers, solicitors, and other legal professionals arising out of alleged negligence in numerous areas of law.

By way of example, Samuel has provided written and oral advice, settled Particulars of Claim, and dealt with a number of ancillary matters in a complex case involving the alleged negligent mishandling of Proceeds of Crime Act 2002 proceedings. In particular, Samuel has advised on niche areas ancillary to the underlying professional negligence claim, such as the restoration of a dissolved company in order to bring a claim against it, as well as settling Letters of Claim against the proposed Defendants.

Samuel has also provided written and oral advocacy for a Defendant in a case of alleged professional negligence arising out of proceedings in the Employment Tribunal. At the CCMC, the Learned Judge praised Samuel’s helpful approach and submissions that allowed the Court to “take the reins” of the case, brought by a Litigant in Person, and get the matter “back on track” in a way that was fair to both parties. Samuel also secured a highly favourable costs budget for his Defendant client, representing 82% of the budgeted sum sought by his client.

Aside from allegations of professional negligence against lawyers, Samuel has also acted in other claims in this area, including, more recently, claims against insurance brokers and other similar financial professionals.

Samuel’s clinical, client-centred approach and his attention to detail make him a formidable force when acting on either side of a Professional Negligence claim.

Samuel is willing to consider acting on a CFA-basis in Professional Negligence claims where appropriate.

Samuel is regularly instructed in all manner of Property & Land Law disputes in the County Court, High Court, and First-Tier Tribunal, and provides written and oral advice to clients as a matter of routine.

Samuel has a particular interest in Leasehold disputes, having previously advised in relation to complex dilapidations claims with values above £300,000 as well as providing advice on the interpretation of leases and contemplated forfeiture proceedings in relation to commercial premises. Samuel recently appeared in a forfeiture case in Cornwall where he successfully persuaded the Learned Judge that relief from forfeiture was not available to the Defendant tenant on the facts of the case, going on to secure an order for vacant possession, judgment for outstanding rent arrears, use and occupation charges, and legal costs.

Samuel is also instructed regularly to advise on traditional matters relating to Real Property, including boundary disputes, rights of way, trespass, nuisance, and more. In a recent boundary dispute, Samuel was instrumental in successfully obtaining a settlement at mediation for his clients, resulting in a complex and costly dispute being resolved amicably between neighbours. Samuel has also been instructed on complicated trespass, nuisance, and harassment cases involving claims for injunctive relief, damages, and general damages for psychiatric injury.

Samuel recently received instructions to settle an Amended Defence and attend a trial in a complex possession claim involving proprietary estoppel. Using his detailed knowledge of the law in this area, as well as his high work ethic and commitment to achieving the best for his clients, Samuel was able to turn around the Amended Defence in the required 2 days timetabled by the Learned Judge, attending the trial of the matter just 3 days after the Amended Defence was filed.

Samuel appears frequently in Housing matters including all types of possession claims, anti-social behaviour injunctions, committals, and disrepair claims. Samuel particularly enjoys dealing with anti-social behaviour matters and committal proceedings because they require him to think on his feet and adapt to complex, changing situations in Court.

Samuel is well-versed in TOLATA matters and has represented Claimants and Defendants in a variety of complex TOLATA claims.

Samuel recently had success in a complicated TOLATA matter involving multiple properties. Samuel settled the original Part 8 Claim Form, going on to provide written advice as well as advice in conference and attending the trial on behalf of his client. Ultimately, after a full-day trial in Truro County Court, including significant cross-examination of both parties and lengthy submissions, Samuel was successful in securing an account for half of the mortgage payments that had been missed by the Defendant, together with compound interest at varying rates set by the Learned Judge. This alone amounted to over £45,000 in compensation for Samuel’s client, coupled with an order to recover almost all of his client’s legal costs.

Samuel also had success for another Claimant in a TOLATA matter where he secured an order debarring the Defendant from defending the claim. Samuel went on to secure an order for sale of the property together with an order for the Defendant to disclose rental income that they had received whilst the property had been let to tenants without the Claimant’s knowledge or permission.

Samuel also acts for Defendants in TOLATA claims. In one case, Samuel attended an Early Neutral Evaluation in which he secured a favourable settlement for his Defendant client who acted in a representative capacity as the executor of a deceased person’s estate. Samuel’s quick thinking, shrewd negotiation tactics, and ability to persuade the Learned Judge to give favourable indications on issues between the parties, were instrumental in securing a positive outcome for his Defendant client.

Samuel enjoys constructive trust and TOLATA claims and has a proven track record of success for his clients.

Samuel is currently developing a practice in Trusts, Probate & Estates, having recently appeared in the Bristol District Registry of the High Court on a complicated matter involving the administration of a deceased person’s estate. That case involved applications for the removal of executors, adjustment to estate accounts, orders for sums to be moved between accounts, and orders for costs. The matter was later compromised with Samuel’s assistance, but the sole issue of the costs remained live for the Court, and Samuel was able to secure a favourable costs order for his client.

Samuel has also provided written and oral advice on a number of cases involving alleged breaches of trust, the interpretation of wills, undue influence, and unjust enrichment. The complex nature of Trusts, Probate & Estates makes it an area that Samuel finds very interesting academically, whilst the importance of these matters to the persons involved motivates Samuel to provide a high quality service to all of his clients.