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Karen Shuman Case List

<< View barrister profile Re An application to Commit (H v D & ors) [2015] EWHC 2090 (Fam) and [2015] EWHC 2228 (costs)

Application to commit struck out

Re An application to Commit (H v D & ors)  [2015] EWHC 2090 (Fam) and [2015] EWHC  2228 (costs)

Applications were made by a father against a CAFCASS officer, her supervisor and the mother’s solicitors to commit them to prison for contempt of court.

The father acted in person with the assistance of two McKenzie Friends.

Mrs Justice Roberts sitting in the Family Division on 7, 8 and 9 July 2015 heard an application by the Respondents to strike out the applications as an abuse of process and an application by the father for permission to bring parts of his committal application pursuant to FPR 2010 r 37.13(2).  

After the hearing the father sought permission to discontinue the application against the First Defendant. Permission was granted. The applications were struck out as an abuse of process. In so far as the applications sought committal for interference with the due administration of justice the Judge accepted that the applicant had to show more than a merely arguable case to pass the gateway for permission. She followed the analysis given by Moore-Bick LJ in KJM Superbikes Ltd v Hinton: Practice Note [2008] EWCA Civ 1280. The Judge determined that the applicant had not passed the threshold test or even come close.

Karen Shuman represented all three respondents. She was instructed by CAFCASS Legal and Nelsons Solicitors.

King v Executors of Estate of James King

[2014] EWHC 2827 (Ch)


Claimant sought revocation of grant of probate on the grounds of want of knowledge and approval and undue influence.

The Third Defendant, the solicitor who drafted the will and was one of the executors under the will, successfully applied for summary judgment and the claim was dismissed.

Claimant appeal’s dismissed. (Karen Shuman acted for the Third Defendant and Respondent on appeal).

Jackson v Thompson Solicitors & Ors

HC QB 22.7.14


Claimant applied for production of documents against a non-party. Karen Shuman acted for the non-party and successfully argued litigation privilege applied. Application dismissed.

Sahota v Nahal

HC ch 11.10.13


Karen acted for the Claimant in a claim for revocation of a grant of probate. Defendant unsuccessfully sought to strike out the claim as abusive on the basis that the estate was primarily situated in India and there were on-going proceedings in that jurisdiction.

Kingerlee Holdings Ltd v Dunelm (Soft Furnishings) Ltd

[2013] EWHC 47 (Ch)


C sought specific performance of an agreement for lease. C was the owner and developer of a retail estate. D was to be the anchor tenant. D argued that practical completion had not yet occurred and in the alternative that the rent payment date was postponed. The Judge accepted C’s arguments as to the construction of practical completion in the agreement and gave C summary judgment. Karen Shuman acted for C. 

D R Sheridan v Higgins & another

[2012] EWHC 547 (ch)


Dispute between first and second executors. Second executor had withdrawn her instructions from the claimant firm. From that date the file was held exclusively to the order of the first executor. Second executor entitled to documents of a non-controversial nature which related to the estate. (Karen Shuman acted for the Second Defendant.)

Padden v Bevan Ashford (a firm)

[2013] EWCA Civ 824 and [2011] EWCA Civ 1616


Claim for damages against solicitors for failure to advise claimant properly in connection with a transaction whereby she was giving up assets to the victim of her husband’s fraud. Advice given during an impromptu consultation when claimant was advised not to sign documents. Another solicitor later witnessed her signature on documents. He certified that the consequences of the mortgage had been explained to her and to the best of his knowledge she was freely agreeing to the mortgage without undue influence. Trial judge dismissed claim of his own volition after the claimant had given evidence. The Court of Appeal considered what duties a solicitor owed in the circumstances and that the observations of Lord Nicholls in Royal Bank of Scotland plc v Etridge (No 2) [2002] 2 AC 773, paras 64–68 were a very good guide to the appropriate approach. Appeal allowed and claim remitted for retrial.

(Karen Shuman acted for the Defendant.)

Anastasia v Papakyricou

HC Fam 22.4.09


Claim for a declaration and order for sale in respect of alleged trust property. Claimant argued a beneficial interest on the basis of constructive trust, resulting trust, proprietary estoppel or restitution. Issues of illegality. Court held that claimant had no beneficial interest in the property.

(Karen Shuman acted for the Defendant)

Kang v Eau

[2010] EWHC 1837 (QB)


Claim for the balance of money due under a share purchase agreement and a further sum due in respect of the Vat element of invoices. Counterclaim for rescission and damages for misrepresentation, breach of collateral warranty and an issue of illegality per section 830 of the Companies Act 2006. Judge found that there had been no misrepresentations. In any event the defendant was not entitled to rescission. The recovery of the Vat element did not breach section 830 as it did not amount to a distribution under section 829. Judgment for claimant and counterclaim dismissed. (Karen Shuman acted for the Claimant)

Chief Constable of Wiltshire v McDonagh

[2008] EWHC 654


Seizure of home by police, statutory and convention complaint interpretations of PACE.

Blackwood v Saunders (A Firm)

TLQ/07/0476 (QB) 8.11.07


Secure tenant exercised the right to buy. Solicitor negligent during the right to buy process and the right to buy proceeded later at a higher price. Professional negligence claim against solicitor. Issues on causation and quantum. Judgment for claimant. (Karen Shuman acted for the claimant).

White v White

[2003] EWCA Civ 924


Joinder of Trusts of Land and Children Act applications

Dharamshi v Dharamshi

[2000] EWCA Civ 305


Substantial assets ancillary relief claim with off shore trusts.

Re T v T

[1999] 2 FLR 912


Hague Convention

Re J

[1998] 1 FLR 225, CA


International adoption involving non-patrial country