Dilan Deeljur

Commercial

Civil

Dilan joined the self-employed bar in January 2019 after almost ten years at a specialist commercial litigation firm. While employed as Legal Counsel, Dilan played an instrumental role at the firm in the development of their Financial Litigation department which specialised in unfair relationship/insurance mis-selling claims. The firm was heavily involved in non-disclosure commission claims nationwide. Those cases centred on key decisions in Plevin v Paragon Personal Finance Limited [2014] UKSC 61 and McWilliam v Norton Finance (UK) Limited [2014] EWCA Civ 818.

Therefore, Dilan understands cases from a solicitor viewpoint too, which is crucial in modern litigation. He has considerable experience in financial services and consumer credit law with particular focus on financial mis-selling litigation relating to Part 7B unfair relationship claims, S.140A Consumer Credit Act 1974 and breach of fiduciary duty claims.

Notable cases:

Advising clients in ongoing Group Litigation claim involving Mercedes Benz/ Daimler AG re: ‘Emissions scandal’ [2020 – ongoing]
Advising client groups on application of Plevin v Paragon Personal Finance Ltd [2014] UKSC 61 in undisclosed commission claims [2019 – ongoing]
ZX Ltd v HL [2020] – Hearing of application for security of costs in a £100k breach of oral contract claim considering Bestforp principle where parties were in part China-based.
IM & others v HH Ltd [2020] – Represented claimant resident group in claim for negligence, nuisance and trespass to land.
SP v EV & AMD Bolgari Ltd [2020] – hearing on application for specific disclosure under CPR 31 and considering principle established in Claverton Holdings Ltd v Barclays Bank plc [2015] EWHC 3603.
SW v Southern Rock Insurance Co Ltd [2020] – Trial for personal injury where further remedies sought under CPR44.16 and Section 57 of CJCA 2015.
Tower Hamlets Council v JK Ltd [2020] – High Court Insolvency Proceedings – (Petition of JK by Tower Hamlets Council) – Application to rescind petition.
HMRC v RAD [2020] – High Court Insolvency Proceedings – (Petition of RAD by HMRC) – Representation and advice provided in opposing petition. Sought annulment on coercion grounds.
MS v KM AA [2020] – Opposed strike out application applying principle in Hughes v Colin Richards & Co [2004] EWCA Civ 266 in an unusual claim between a solicitor firm employee and the firm’s former client.
UK SF Ltd v TC Ltd [2020] – Contract dispute between building contractors – successfully applied to set aside a strike out on circumstances of the case grounds even though not good reason for default, applying Decadent Vapours v Bevan & Salter [2014] EWCA Civ 906.
TD v Covea Insurance [2020] – Represented Defendant Insurer in RTA Stage 3 Hearing under CPR Part 8.
JMG Ltd v OTAH Ltd [2020] – Advising defendants in £300,000 termination of contract claim involving interpretation of notice clauses and Mannai Investments Co Ltd v Eagle Star Assurance [1997] AC 749 and from Architectural Installation Services Limited v James Gibbons Windows Limited (1989) 46 BLR 91.
DB Ltd v KC Ltd [2020] – Represented Defendant in large construction company contractual dispute and successfully struck out Claimant’s claim.
A Tech Ltd v KJ & others – Advising defendants in large value breach of directors’ duties (unauthorised withdrawals) claims that include contempt committal proceedings. High Court trial due to take place in 2021.
EH Ltd v BH Ltd – Advising Proposed creditor on correct route, whether Part 7/8 or winding up
proceedings to claim £68,000 owed by proposed debtor business (2020).
NS Ltd v AI Ltd [2020] – Represented director Defendant company in large value claim. Successfully applied for relief from sanctions and obtained security for costs against Claimant applying principle in Jirehouse Capital & Anor v Beller & Anor [2008] EWCA Civ 9.
J v AR [2019] – represented claimant in breach of contract and unpaid consumer debt case.
JE v Kings College [2020] – Successful claim against employer for workplace injury – drafting pleadings, advised client and negotiated settlement on her behalf.
M Ltd v PC – Drafted Specific Disclosure application and pre-action letter in Care Home company directors dispute (2020).
EK v EM Ltd – Advising claimant and drafting letter before claim in respect of claim for repayment of £30k fee paid for wedding venue organised during Covid-19 lockdown. Case settled (2020).
JSLS Ltd v SM – Advising Debtor in respect of statutory demand and drafting letter of response (2020).
ATD Ltd v AB Ltd – advising proposed claimant in international goods shipping breach of contract claim (2020 -2021).
PP v Direct Line – advising on quantum in personal injury matter (2020).
AB v Solar Ltd [2020] – Application to set aside default judgment applying principles in Daniels v. Lloyds Bank PLC [2018] EWHC 660 (Comm).
BP v Thames Water [2020] – Represented and advised Claimant throughout claim for damages after Claimant’s business property flooded from burst water main. The claim was for further damages from loss due to delay in original compensation payment from Defendant. Claim settled before trial.
EB v KAZ Ltd – Advising company director of large Restaurant group on Unfair Prejudice Petition and Derivative claim (since 2019).
M v TFL [2019] – Uber licence revocation case involving allegations of dishonesty and applying principles from SM and Qadir v Secretary of State for the Home Department (ETS – Evidence – Burden of Proof) [2016] UKUT 00229 (IAC).

WS v SV – Represented solicitor firm in £70k claim for unpaid fees against former client (2019 -2020).
IC v CC – Drafting Particular of Claim for Specific Performance in dispute between executor of estate and family member (2019).
SGM v P Ltd & others – Representing Claimant in misrepresentation, deceit and breach of contract claim between an ostensible investment company and an investor (2019).
LB v Volvo – Advising client on mis-sold and fault vehicle claim (2019)

Financial Services including Consumer Credit

Notable cases:

YP v Royal Bank of Scotland Plc [2020] – Represented client at trial for insurance mis-selling which included arguments on limitation and application of Patel v Patel [2009] EWHC 3264 and on compromise agreements (i.e. whether or not the Defendant could rely upon a signed offer and acceptance slip).
H v MBNA [2020] – Successful appeal involving application of doctrine of res judicata in Financial mis-selling claim where Financial Ombudsman had made partial decision and awarded redress in non-disclosure of commission case. Relied on principles established in Clark v In Focus Asset Management [2014] EWCA Civ 118.
PB v Royal Bank of Scotland [2020] – Represented client at trial in s.140A Consumer Credit Act 1974 claim against major lender, relying upon Canada Square v Potter [2020] EWHC 672.
JR v MBNA – Drafting Particulars of claim in profit share and undisclosed commissions case (2020).
MB v M&S Financial Services PLC – Drafting Particulars in non-disclosure of commission claim (2020).
MB v M&S Financial Services PLC – Advising client on suitability of FCA DISP offer and merits of mis-selling claim (2020).
Rahman v Barclays – advising on breach of contract and breach of BCOBS against banking institution (2020).
EJ v Capital One – Advising on merits initially and general case strategy after issuance in financial mis-selling claim. Case settled (2019).
SH v Lloyd Bank PLC – Advising on case strategy and quantum in financial mis-selling claim (2019)
KT v Halifax – Advised client in claim where lender had unilaterally and wrongly applied incorrect interest rate on mortgage account in breach of MCOB (2019).
BE v Lloyds Bank – Drafting and advising on witness statement in financial mis-selling claim (2019).