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Tam Latymer - Notable Cases
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Crown Court
R v Rutayisire & Others, Luton Crown Court
Operation Movement
This was a multi handed case which involved the theft of high value cars and their subsequent shipment to parts of Africa . The total value of the vehicles shipped abroad was believed to be in the region of £5 Million.
This case involved 14 Defendants and was at Luton Crown Court.
R v Christine Areh, Harrow Crown Court
This case involved the defrauding of the local authority of approximately £50,000 over a five year period. An appeal against a custodial sentence was subsequently made to the Court of Appeal.
R v H, Southwark Crown Court
This case involved the alleged defrauding of the Royal Bank of Scotland of approximately £1.14 Million by a lady who was working as a customer services officer at the time.
The case involved 10 Defendants but the Defendant H was tried alone.
R v Natalie Rowe-Hartley, Snaresbrook Crown Court
Operation Bella Vista
This case involved a global conspiracy to supply £300 million worth of Cocaine and the gang members were collectively known as the “Bling Bling” Gang.
There were 67 Defendants around the world who were arrested and subsequently faced trial in relation to the same conspiracy. France , USA , Canada and Caribbean were some of the places where arrests took place.
17 of the Defendants were tried in the United Kingdom.
Court of Appeal
R v Christine Areh
An application for leave to appeal against sentence was successful. The custodial sentence originally imposed at the Crown Court was quashed and in it's place was substituted a community order.
R v Fathi Dridi & Others
This was a case that involved a conspiracy to supply class A drugs.
This was a CDS 5 case which Instructing Solicitors took over from the firm of solicitors who had acted for Mr Dridi, at his trial, in the Crown Court.
Tam Latymer therefore became involved in respect of an Appeal to the Court of Appeal and advised in respect of both an appeal against conviction and sentence.
R v Barrios Telosa
This case was also a CDS 5 case.
This case related to an attempted murder resulting from a frenzied stabbing attack on the victim.
Tam Latymer became involved in respect of an Appeal to the Court of Appeal and advised in respect of a prospective appeal against sentence.
Criminal Cases Review Commission
R v S
This was a Murder case that had to be considered by the Criminal Cases Review Commission.
Road Traffic
As a result of prosecuting as well as defending these types of cases Tam Latymer has developed a considerable amount of expertise in this specialist area.
Mental Health
Tam Latymer has represented persons detained under the Mental Health Acts before the Mental Health Review Tribunal. This has led to him developing a degree of expertise in this complex and specialist field.
Private International Law
Tam Latymer also undertakes work in this specialist area. The nature of the work relates to disputes between companies based in the Middle East and England . The work in this specialist area is undertaken here in England and forms part of the international aspect of his practice.
Notable Cases
Re: Case 1
This case related to a commercial dispute concerning Real Estate and Construction.
The Claimant applied for a Freezing Injunction (formerly known as a Mareva Injunction) against the Defendants.
On the facts of the case one of the main issues that had to be carefully considered by the Court was whether there was a real risk of removal or disposal of assets from the jurisdiction by the Defendants.
The Claimant's application was vigorously opposed and successfully defended. Consequently, the Court did not grant the Claimant’s application.
Tam Latymer acted for the Defendants.
Re: Case 2
This was a complex case.
It related to a commercial dispute between Tamoil and one of it's appointed regional Manufacturers and Distributors (Tamoil Middle East).
The issues in the case concerned - Interpretation of Arbitration Clause in Manufacturing and Distribution Agreement; Condition Precedent; Duress; Validity of Proceedings Commenced by Defendant in Middle East; Anti - Suit Injunction brought by Claimant; Challenge to Substantive Jurisdiction of Arbitral Tribunal by Defendant; Intellectual Property – Use of Trade Marks belonging to Tamoil by Defendant on Termination alleged by Claimant; Passing Off by the Defendant alleged by Claimant.
This case was an International Commercial Arbitration in accordance with rules of the LCIA (London Court of International Arbitration).
Tam Latymer acted for the regional Manufacturer and Distributor (Tamoil Middle East).
Re: Case 3
This case centred around a commercial dispute concerning a number of parties.
The issues in the case concerned - Use of Commercial/ Business Premises; Permitted use of such premises; Trading from premises by Defendants; Late Service of Documents by Claimants; Relief from Sanction.
The Claimant made an application for Injunctive Relief. The basis of this application was that the First Defendant, who was an Employee of the Second Defendant, was a Trespasser and had no lawful basis for carrying out trading activities from the commercial premises concerned.
The Claimant's application for the Injunction was vigorously opposed. Subsequently, the Court rejected and did not grant the Claimant’s application for Injunctive Relief.
Tam Latymer acted for both Defendants.
Re: Case 4
The focal point of this case was a commercial dispute between the Parties in respect of a Settlement Agreement.
The Claimant was about to imminently commence proceedings against the Defendant for a substantial claim in monetary terms.
Through negotiations with Counsel representing the Claimants Tam Latymer was able to reduce the value of the claim significantly.
He was also able to negotiate more favourable terms for the Client in a new and revised Settlement Agreement.
The swift and decisive manner in which the negotiations were carried out by Tam Latymer protected the Client from the possible commencement of proceedings and also removed any need by the Claimant to institute such proceedings.
Tam Latymer acted for the Defendant.
Re: Case 5
This case centred around a dispute between an organisation based in the Middle East.
The case proved to be challenging and complex as it required consideration of EC Law, French Law and Egyptian Law (The Egyptian Commercial Code) and Scottish Law.
The case also required detailed consideration of the Commercial Agent's (Council Directive) Regulations 1993.
Tam Latymer acted for the Commercial Agent.
Re: Case 6
In relation to this case the original value of this claim was in the region of £2 Million.
This case again focused on a commercial dispute. The Claimant, a Sole Distributor was an organisation which was based in the Middle East and the Defendant, a manufacturer of medical equipment, had it's registered offices in the USA.
The case also involved consideration of the area of Intellectual Property and more specifically the issue of Breach of Confidence by the Defendant.
This case was an International Commercial Arbitration falling within the remit of the ICC (International Chamber of Commerce).
Tam Latymer acted for the Sole Distributor.
Re: Case 7
This case related to a contractual dispute between an organisation based in the Middle East (Buyers) and a financial institution based in Korea ( Sellers).
The original agreement between both parties was for the eventual acquisition of 49% of shares by buyers of a banking organisation. The Buyer defaulted and was unable to complete the purchase of the shares. The issue was whether the Buyer could recover the deposit that had been paid by them in respect of the acquisition of the shares.
The value of this claim was in the region of £2 Million ($2.7 US Million).
Tam Latymer acted for the Buyer.