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 >>Re Timmins
Successful in application to strike out £40,000+ credit hire claim following a series of procedural breaches.
Re Podkowka
Successful in fatal accident claim on behalf of the deceased's son and her estate. Settled claim for £125,000 following receipt of accident reconstruction evidence.
Re McArdle
Successful for claimant who fell from a hotel window suffering a nasty injury to his head, teeth and jaw. Robert advised the claimant to wait to issue proceedings until after the result of James v The White Lion Hotel [2021] EWCA Civ 31, the result of which paved the way for a successful settlement.
Coakley v CF Support Services Ltd
Acted for the Respondent in a 5-day trial in the Employment Tribunal. Claim involved allegations of protected disclosures and constructive dismissal following detrimental treatment. Judgment awaited.
Re Mr U
Successful for the Claimant in a case involving an ankle dislocation injury. Settled for a sum in excess of £100,000. Main issues included: (1) need for orthotics; (2) risk of degenerative arthritis; (3) future surgery; and (4) future loss of earnings.
Re Mr P
Successful for the Claimant in a case involving amputation injuries to the fingertips of the right hand. Defendant abandoned allegations of contributory negligence. Claim settled for £100,000 following receipt of expert prosthetics evidence.
Re Mr Reeves
Successful for the Claimant passenger in a claim against the insurer of the deceased driver. Main issues included: (1) contributory negligence, as the driver's toxicology test revealed the presence of cocaine and 3x the legal alcohol limit; and (2) future loss stemming from a moderate traumatic brain injury. Settled for a sum in excess of £1m gross of contributory negligence.
Samuel v SCF
Acted for the Respondent (SCF) in a 6-day Employment Tribunal hearing. Resisted claims of victimisation and discrimination because of race. Compensation for unfair dismissal reduced by 25% because of contributory fault.
Re Newman
Successful for the Claimant in a claim under the Fatal Accidents Act 1976. The Claimant's husband died when his car span off the motorway in bad weather and following a collision with another car. Proceedings issued against multiple drivers and the Highways Agency as insufficient drainage had led to hazardous levels of standing water on the motorway.
CPA Consulting Ltd v SV Croydon Ltd
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.
Turner v (1) Alno UK Ltd (2) SJM Kitchens
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 from to R1. In the EAT, HHJ Richardson praised the “excellent, focussed oral submissions…” of Counsel.
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 Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk
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.