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Christopher Rafferty

Year of call:
2010
Education:
Bar Vocational Course, Manchester
LLB Law with French (Hons), University of Sheffield
Appointments:
2019
Deputy District Judge
Memberships:
North Eastern Circuit
Personal Injury Bar Assocation
The Honourable Society of the Inner Temple
Awards:
Diploma in French Law, Université Nancy II, France
Lincoln’s Inn Inter-Varsity Moot finalist
Languages:
French

Chris practises across the entire spectrum of commercial, chancery and property work. He has experience in litigation resulting from appeals, having conducted appellate litigation at the High Court in Judicial Review and Case Stated proceedings and through handling appeals of case management decisions and adverse costs orders.

Areas of Practice

Chris maintains a practice in several key areas including the sale of goods, construction of contracts and credit agreements. In small claim and fast track hearings Chris is very experienced with credit hire litigation, both bringing and defending claims.

He has often successfully argued issues of misrepresentation and enforceability of contracts, being fully conversant with the complex legislation in this area.

Chris is instructed regularly in cases involving wills and probate, TOLATA, professional negligence, regulatory and disciplinary work. Moreover Chris undertakes landlord and tenant work including Housing more generally:

  • Disrepair
  • Tenancy deposits
  • Forfeiture
  • Renewal of tenancies Chris also has an interest in land disputes involving issues of restrictive covenants, easements and rights of way, proprietary estoppel and ownership.

Chris undertakes work in respect of a variety of applications associated with bankruptcy and winding-up petitions.

Notable Cases

  • R -v- M (D) – claim involving potential possession proceedings in relation to an agricultural tenancy
  • S -v- S (D) – probate challenge with associated partnership dispute
  • NELC -v- SP (R) – Judicial Review and Case Stated appeal of a decision to exclude the Respondent’s liability for non-payment of business rates.
  • Briggs and Briggs -v- Robinson (C) – successful appeal against a case management decision to allocate a claim to the Small Claims Track. Claim re-allocated to the Fast Track.
  • SP Limited -v- C.C. Services (A) – appeal against an adverse costs order made at the conclusion of a directions hearing.

Contact Christopher’s clerks

Francine Kirk on 0113 202 8605

Andy Reeves on 0113 213 5252

Talia Webster on 0113 213 5207

Daniel Highfield on 0113 213 5207

Patrick Urbina on 0113 213 5250

Joshua Duree on 0113 213 5246

Chris is regularly instructed on behalf of Registered Social Landlords, Local Authorities, private landlords, and tenants across the spectrum of Housing Law.

He maintains an expertise in public and private residential landlord and tenant possessions and unlawful eviction claims. Such claims involve issues of succession, rent arrears, ASB and other breaches of tenancy. Chris is often instructed to represent landlords and tenants in claims with issues relating to harassment, unlawful eviction and breaches of covenants.

Moreover, Chris has extensive experience with disrepair claims, ASB and homelessness appeals, and is familiar with the impact of the Disability Discrimination Act 1995 and Equality Act 2010 and has appeared in claims in which possession orders are sought against travellers.

Recent cases have involved complex homelessness appeals, multi-track final hearings in disrepair and counterclaims involving set-off, final hearing ASB possession claims, and committals for breach of exclusion and injunction orders.

Areas of Practice

Chris maintains an expertise in the following areas:

  • Possession claims
  • Disrepair claims
  • Homelessness
  • Housing related Judicial Reviews
  • Housing related appeals
  • Public Law and Human Rights Defences

Notable Cases

  • Steele -v- YCC (R) – section 204 HA 1996 homelessness appeal against refusal to provide accommodation
  • R -v- Great Places (C) – multi-track disrepair claim involving issues of set-off and rechargeable repairs
  • Unipol -v- Morris (R) – appeal against a final possession order pursuant to alleged procedural errors under section 21 HA 1988
  • YCC -v- S 2015 (D) – final hearing for possession in respect of eviction from a traveler site subsequent to convictions for serious criminal activity.
  • YCC -v- R 2015 (C) – final hearing for possession in respect of lengthy ASB.
  • YCC -v- Z 2015 (C) – committal for breach of injunction.
  • KHT -v- A 2014 (C) – committal hearing for breach of an exclusion order

Seminars

Chris regularly delivers CPD approved training and seminars in large and smaller groups, having spoken on the following topics:

  • January 2016 – CPR and disrepair
  • October 2015 – Housing law update
  • April 2015 – Expert evidence of disrepair and funding
  • February 2015 – Impact of new legislation relating to ASB
  • December 2014 – Housing case law update
  • May 2014 – Injunctions where capacity remains in issue
  • October 2012 – Housing Update: Tenancy Deposit Schemes

Contact Christopher’s clerks

Francine Kirk on 0113 202 8605

Andy Reeves on 0113 213 5252

Talia Webster on 0113 213 5207

Daniel Highfield on 0113 213 5207

Patrick Urbina on 0113 213 5250

Joshua Duree on 0113 213 5246

Chris specialises in personal injury claims on behalf of both Claimant and Defendant clients, predominantly in medium to high value Fast Track and Multi Track disputes and at all stages of proceedings. He has extensive experience in RTA and EL/PL litigation, regularly appearing in claims involving issues of causation, LVIs, credit hire and fraud.

Chris maintains a busy practice in clinical negligence, conducting litigation involving complex issues of vicarious liability in claims with serious injury and trauma at their centre.

He further acts in claims relating to industrial diseases such as Multi-Track NIHL whilst maintaining expertise in Highways Act claims and travel law. Chris has experience in bringing and defending claims within foreign jurisdictions and, having studied French law and European law in continental universities and being a fluent French speaker, is able to directly assist with such claims.

Chris has been involved in credit hire litigation since the start of his practice in 2012 and has appeared on behalf of both Claimants and Defendants at all levels, from straightforward small claim hearings to complex multi-track hearings. Chris has particular experience in claims involving fleet vehicles.
Whilst much of Chris’ work will inevitably be based in the North and North East, he travels all over the country to deal with fast and multi-track credit hire matters. Recent cases have taken place in Chatham, Dudley, Clerkenwell, Birmingham and elsewhere. With the above experience Chris is very familiar with the wealth of credit hire decisions, from Dimond to McBride, and all of the issues they entail – enforceability, impecuniosity, intervention letters, consumer credit regulations and more.

Areas of Practice

Chris drafts pleadings and represents client in Court across the spectrum of personal injury claims. He maintains an expertise in the following areas:

  • Mediation
  • Personal Injury on Fast Track and Multi-Track
  • Credit Hire
  • RTAs including LVIs and fraudulent claims
  • Clinical Negligence
  • Industrial Disease
  • Occupiers’ Liability
  • Employers’ Liability
  • CICA Appeals
  • Highways Act
  • Inquests

Notable Cases

  • RI -v- Lancashire Teaching Hospital (C) – high value medical negligence claim pursuant to unsatisfactory emergency operative treatment.
  • Shaid -v- TNT UK Ltd (D) – personal injury claim in which the Defendant relied upon the defence of automatism, being unable to control his actions behind the wheel of a HGV.
  • SP Limited -v- C.C. Services (A) – appeal against an adverse costs order made at the conclusion of a directions hearing.

Seminars

Chris regularly delivers CPD approved training and seminars in large and smaller groups, having spoken on the following topics:

  • March 2016 – CILEX presentation on application of CPR to litigation
  • November 2015 – Loss of earnings and schedules
  • October 2015 – Part 36 offers to settle March 2015 – Accidents Abroad
  • September 2014 – Schedules of special damage and future loss in PI cases
  • June 2014 – Update to applications for relief from sanctions
  • May 2014 – Introduction and update to Part 20 claims
  • December 2013 – Limitation issues in NIHL claims
  • April 2013 – Jackson Reforms: Changes to the RTA Portal
  • November 2012 – Travel Law: Package Holiday Regulations and the Conventions
  • October 2012 – Road Traffic Accidents and the recovery of costs

Contact Christopher’s clerks

Francine Kirk on 0113 202 8605

Andy Reeves on 0113 213 5252

Talia Webster on 0113 213 5207

Daniel Highfield on 0113 213 5207

Patrick Urbina on 0113 213 5250

Joshua Duree on 0113 213 5246