Tom Carter

This practical guide covers all the key points for any claims arising from Japanese knotweed and other invasive plants. It explores nuisance claims against all types of defendants, professional negligence claims against surveyors and conveyancers and misrepresentation claims against sellers.The guide gives a comprehensive approach on all key issues including breach of duty, causation and damages, including diminution in value. The guide considers the legal framework as well as what evidence is required and how to approach expert evidence.All in all, it is an efficient start-to-finish guide for anyone dealing with Japanese knotweed claims and any other invasive plants claims.ABOUT THE AUTHORTom Carter is a barrister at Ropewalk Chambers. He has been consistently ranked as a leading barrister for property law. In the 2021 edition of the Legal 500, he was described as "a particular figure within the team for his specialism in cases relating to Japanese knotweed, having recently appeared in several agenda-setting nuisance, misrepresentation and professional negligence cases around infestations of the invasive species.Tom acted as sole counsel for the claimant, Mr Williams, in the case of Williams v Network Rail Infrastructure Ltd 2019] QB 601, 2018] EWCA Civ 1514. That case established that encroachment of knotweed rhizomes without physical damage is sufficient to establish a nuisance.Tom acted as sole counsel for the claimant, Mr Davies, in Davies v Bridgend County Borough Council, at trial all the way up to the Supreme Court. In the Court of Appeal's decision in that case, it was held that damages for diminution in value of a property due to the presence of knotweed are not irrecoverable pure economic loss 2023] EWCA Civ 80.In the Supreme Court's decision in that case, the issue was causation. Something which was said in the judgment of Lord Burrows "has rarely been the focus of attention in cases of the tort of private nuisance" 2024] UKSC 15.Tom also appeared in Churchill v Merthyr Tydfil Borough Council 2023] EWCA Civ 1416 which was a knotweed case but had a much wider reaching effect on all civil cases. In that case, the longstanding view from the famous case of Halsey that parties could not be compelled to mediate was held to be obiter and thus no longer applied.

Arbitration in Family Proceedings delivers an authoritative commentary on arbitration in both financial provision and children matters, highlighting areas of potential difficulty and providing practical solutions. Coverage includes: 1. Arbitration in Family Proceedings 2. Agreement to arbitrate 3. Safeguarding in children arbitrations 4. Appointment, duties and removal of arbitrator 5. Case-management 6. Using the Court to support the arbitration 7. The award/determination 8. Challenging the award/determination 9. Enforcement of the award/determination 10. Costs 11. Conclusion of the arbitration 12. International enforcement of arbitral awards/determinations in family cases An Appendix also contains all relevant rules, guidance and forms. Arbitration in Family Proceedings is essential reading for family law arbitrators, solicitors and barristers

This practical guide covers all the key points for any claims arising from Japanese knotweed and other invasive plants. It explores nuisance claims against all types of defendants, professional negligence claims against surveyors and conveyancers and misrepresentation claims against sellers.The guide gives a comprehensive approach on all key issues including breach of duty, causation and damages, including diminution in value. The guide considers the legal framework as well as what evidence is required and how to approach expert evidence.All in all, it is an efficient start-to-finish guide for anyone dealing with Japanese knotweed claims and any other invasive plants claims.ABOUT THE AUTHORTom Carter is a barrister at Ropewalk Chambers. He has been consistently ranked as a leading barrister for property law, with the 2021 edition of the Legal 500 recognising that he is: "a particularly notable figure within the team for his specialism in cases relating to Japanese knotweed, having recently appeared in several agenda-setting nuisance, misrepresentation and professional negligence cases around infestations of the invasive species".Tom acted as sole counsel for the successful claimant, Mr Williams, in the case of Network Rail v Williams 2018] EWCA Civ 1514, the leading case on liability in nuisance for Japanese knotweed. He is currently instructed by claimants and defendants in well over 100 ongoing knotweed cases, many of which are likely to set the agenda on a number of important issues.CONTENTSPart One - Nuisance Claims1. The Elements of a Nuisance Claim2. Encroachment3. Duty of Care4. Breach of Duty5. Causation6. Diminution in Value7. Treatment Costs8. Repairs and Other Losses9. Mitigation and Contributory NegligencePart Two - Article 1 Protocol 110. Article 1 Protocol 1 ClaimsPart Three - Misrepresentation Claims11. The TA6 Form12. Liability13. Reliance14. Damages15. RescissionPart Four - Professional Negligence Claims Against Surveyors16. Duty of Care17. Breach of Duty18. Causation and DamagesPart Five - Professional Negligence Claims Against Conveyancers19. Claims Against ConveyancersPart Six - Procedure20. Limitation21. Costs and AllocationPart Seven - Other Invasive Species22. Other Invasive Species

Westerners are flocking to China in increasing numbers to chase their dreams even as Chinese emigrants seek their own dreams abroad. Life as an outsider in China has many sides to it - weird, fascinating and appalling, or sometimes all together. We asked foreigners who live or have lived in China to tell us a story of their experiences and these 28 contributions resulted. It's all about living, learning and loving in a land unlike any other in the world. Original stories by Dan Washburn, Jonathan Watts, Simon Winchester, Nury Vittachi, Michael Meyer, Matt Muller, Alan Paul, Matthew Polly, Derek Sandhaus, Jonathan Campbell, Tom Carter, Mark Kitto, Pete Spurrier, Graham Earnshaw, Deborah Fallows, Susie Gordon and others.

-Have you ever tried to sell and achieve a result, but you could not capture the interest of your interlocutor?-How many times did it happen to you to get out of the door of the customer not satisfied with what you got, with the burning in the stomach, and you asked yourself how you could have reversed the situation?-Have you ever craved to increase your sales and your turnover, but you did not know how to do it, given the external difficulties with which you fight every day?The truth is that: You can have the best ideas or products in the world, but if you do not have the power to persuade, it's like you do not have anything On the contrary, in some cases: -Do you remember those moments when it seemed to suddenly trigger the desire to buy and the person buys, as if I had pressed a button in his mind, a button that triggers the purchase decision?-How would you feel if you could generate those moments on command, and be able to press that hidden button whenever you want it?These dynamics do not happen casually, but years of studies, researches, and tests in the field, show us that these dynamics "ignite" due to precise psychological and neurological processes and for the automatisms "installed" in our unconscious.Within this book you will find the instruction manual to trigger these "buttons," whether you want to sell, whether you want to seduce or persuade, and do not be surprised if people tell you that you are "irresistible" and you have that "I don't know what" that attracts them inexplicably You will find "burning positions" to satisfy your client, even if you think you are not gifted But I'm not sure this book is for you In fact, I do not recommend reading this volume to most people, because not everyone has the right ethics to use it. If you are reading these lines now, you are about to have an unexpected power, I ask you to take full responsibility, and to use it in an ethical way to improve people's lives, and not to take advantage of it Also, reading this book and not applying it would be like studying 365 sexual positions, but then being alone in bed every night of the year, without ever being able to test them. Whether you are a "virgin" of the sales world, whether you are an expert seller, this book will dress you like a champion, it will lead you to be the number 1, without reserve THE POWER IS NOW IN YOUR HANDS

In this riveting personal story, the award-winning, bestselling recording artist takes you on a tour through his house of memories, offering a fascinating look inside his turbulent and successful life. Merle reveals previously untold stories about his birth and troubled upbringing in a converted railroad boxcar. He recalls the loss of his father when he was nine, and how his childhood disobedience transformed into full-blown delinquency that landed him behind the cold walls of San Quentin. Having lived a life shaped by violence, gambling, and drugs, he shares the lessons he learned and how he continues to pay for decades of reckless living. He pays tribute to his mother and relives the painful memory of her death. And he talks about the music he loves, and how it has ultimately defined the man he is.

Here in thirteen insightful and challenging chapters, the reader is led to consider questions that God might pose to followers today that will challenge our thinking and bring greater personal spiritual development.

Country music superstar Reba McEntire describes her Oklahoma childhood as a member of a cattle ranching family, her early days as a performer, her award-winning musical achievements, the tragic loss of her eight band members, and her marriages. Reprint.