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Graeme Kirk

  • Commercial  

    Commercial

    Graeme has a wide experience in commercial law, and considers it essential to have a complementary, in depth understanding of associated areas including insolvency and employment law.

    Much of Graeme’s commercial work concerns debt recovery, guarantee claims and contractual disputes, and he has appeared in trials, appeals and all manner of interim applications including summary judgments, charging orders, disputed disclosure and costs.

    Graeme also has experience in drafting commercial contracts.

    News & Resources

    Commercial: Is A Click Ever Enough?

    Around Week Two of our law courses, we learned that guarantees must be in writing. This had an air of exoticism because it dated back to 1677 and an Act so old that it was a ‘Statute’; the Statute of Frauds.

    20th October 2016 Read more
  • Property  

    Property

    Graeme’s trial and advisory practice includes experience in the following areas:

    • Claims for the possession of commercial and residential properties
    • Termination and renewal of commercial leases
    • Boundary and easement disputes
    • Neighbour disputes including nuisance claims
    • Disrepair disputes
    • Service charge disputes in the First Tier Tribunal
    • Injunctions and other proceedings relating to trespass

    News & Resources

  • Employment  

    Employment

    Graeme has appeared in Employment Tribunals around the country, most typically in claims concerning unfair dismissal and discrimination, and has appeared in the Employment Appeal Tribunal.

    His trial experience includes his representing a sample group of around 120 who were found to have been dismissed contrary to the collective redundancy procedure provisions.

    News & Resources

    A veiled threat to religious freedom?

    The recent decision of the European Court of Justice in Achbita v G4S Secure Solutions and Bougnaoui v Micropole, so far published only in press release form, has attracted widespread attention and a number of assumptions about its meaning and consequences. Not all of these are well founded.

    17th March 2017 Read more

    Church Schedule 9 exemptions prevail in Employment Tribunal case

    Some of the implications of the steps that have been achieved towards equality, and particularly equality of marriage, are still being played out. The Employment Appeal Tribunal had recently to consider where the Church’s Schedule 9 exemptions under the Equality Act 2010 begin and end.

    23rd January 2017 Read more

    Church Schedule 9 exemptions prevail in Employment Tribunal case

    Some of the implications of the steps that have been achieved towards equality, and particularly equality of marriage, are still being played out. The Employment Appeal Tribunal had recently to consider where the Church’s Schedule 9 exemptions under the Equality Act 2010 begin and end.

    23rd January 2017 Read more
  • Insolvency  

    Insolvency

    Graeme has extensive experience in the fields of personal and corporate insolvency, including voluntary arrangements, petitions and injunctions.

    News & Resources

    Commercial: Is A Click Ever Enough?

    Around Week Two of our law courses, we learned that guarantees must be in writing. This had an air of exoticism because it dated back to 1677 and an Act so old that it was a ‘Statute’; the Statute of Frauds.

    20th October 2016 Read more

Profile

Graeme is an experienced practitioner specialising in commercial and property law, and related areas including employment, company law and personal/corporate insolvency, as well as landlord and tenant work.  Graeme also drafts commercial contracts.

He combines a commercial and practical approach and is always very approachable.

Graeme is very happy to provide seminars, and previously taught at BPP Law School.

Graeme accepts appropriate Direct Public Access instructions.

Notable Cases

R (on the application of Anthony Martin) v Parole Board [2003] EWHC 1512 (Admin), (2003) Times 15th May – the judicial review of a decision not to grant early release to a well-known prisoner (during Graeme’s pupillage at One Essex Court).

Balamurali and Sandhu v Secretary of State for the Home Department [2003] EWCA Civ 1806 – uncharacteristically, an immigration case during Graeme’s early practice.

Payless Travel v Baba Krupa Holidays [2004] EWCA Civ 472 – a commercial dispute concerning a travel agent and ticket consolidator, in the industry in which Graeme worked for seven years prior to being called to the Bar.

Verizon UK Ltd v Swiftnet Ltd [2008] EWHC 551 (Comm) – a wholesale billing dispute in the telecommunications industry.

French v Groupama [2010] EWHC 2827 (QB) – a High Court decision in which Graeme successfully argued that a householder was indemnified by her insurer in relation to certain damage to her property and consequential loss.

Ashdale Land and Property Company Ltd v Maioriello & others [2010] EWHC 3296 (Ch) – a fascinating Right of Way dispute concerning the effect on a third party of an injunction prohibiting use of an access road.

Wiemer v Zone and others [2012] EWHC 107 (QB) – an important procedural decision which features in the White Book on when it is appropriate to extend time for the service of a Claim Form.

Towsey v Highgrove Homes Ltd [2013] BLR 45 – concerning whether it is possible to seek to wind a company up based on an adjudicated construction debt for which summary judgment has not initially been obtained from the TCC.

Clacy and Nunn v Sanchez and others [2015] UKUT 387 (LC) – a service charge dispute engaging issues of lease construction, limitation and notice.

R (on the application of Wilson) v Dover District Council (2016) Lawtel 22/04/16 – the judicial review of a decision not to include a putative candidate on the list for the election of a Police Commissioner.

Further information

Qualifications

  • MA in Modern History (Lincoln College, Oxford)

  •  CPE (PGDip Law), City University

  •  BVC, Inns of Court School of Law

Interests

Graeme has three young children who keep him busy when he is not at work.

He loves all sorts of music, West Ham United and, until he had children, did a lot of travelling.

News & Resources

A veiled threat to religious freedom?

The recent decision of the European Court of Justice in Achbita v G4S Secure Solutions and Bougnaoui v Micropole, so far published only in press release form, has attracted widespread attention and a number of assumptions about its meaning and consequences. Not all of these are well founded.

17th March 2017 Read more

Church Schedule 9 exemptions prevail in Employment Tribunal case

Some of the implications of the steps that have been achieved towards equality, and particularly equality of marriage, are still being played out. The Employment Appeal Tribunal had recently to consider where the Church’s Schedule 9 exemptions under the Equality Act 2010 begin and end.

23rd January 2017 Read more

Church Schedule 9 exemptions prevail in Employment Tribunal case

Some of the implications of the steps that have been achieved towards equality, and particularly equality of marriage, are still being played out. The Employment Appeal Tribunal had recently to consider where the Church’s Schedule 9 exemptions under the Equality Act 2010 begin and end.

23rd January 2017 Read more

Commercial: Is A Click Ever Enough?

Around Week Two of our law courses, we learned that guarantees must be in writing. This had an air of exoticism because it dated back to 1677 and an Act so old that it was a ‘Statute’; the Statute of Frauds.

20th October 2016 Read more
Graeme Kirk


View all Areas of expertise

Year of Call 2001

Email

graemekirk@lambchambers.co.uk

Contact clerk

Philip Alden

020 7797 8301

VAT Reg No

802805259

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