The client instructed Counsel, Mr. Samuel Okoronkwo, regarding a discrimination claim involving one of their pubs. The claim alleges refusal of entry to individuals based on protected characteristics, with the claimants asserting that a mystery shopper was later admitted and permitted to bring additional guests, undermining the stated reason for refusal (a private party). The business is operated through a limited company, of which the client is the sole director. The client personally holds the premises licence but does not manage day-to-day operations. On the day of the incident, an ex-employee was present, but the client confirmed that this individual left under difficult circumstances and would not be called as a witness. A defence has already been filed, but Counsel assessed it as inadequate and advised that a new defence should be submitted along with a notice of change of legal representative.
Key issues include whether the claim has been brought against the correct legal entity, the adequacy of the existing defence, and the strategic approach to managing multiple claims. The client is concerned about personal liability and financial exposure, particularly given the involvement of a claimant firm described as operating a high-volume litigation model. The absence of a formal sub-lease between the client and the operating company was also noted as a potential procedural vulnerability.
Counsel advised that the defence should be restructured to clarify the corporate structure and demonstrate that the claim has been brought against the wrong party. A new defence will be drafted for both the client and the operating company, and a notice of change of legal representative will be filed. Counsel recommended creating a formal sub-lease to separate the client’s personal role as leaseholder from the operating company. The client was reassured that legal costs are managed in stages and that early intervention can often prevent escalation. Counsel committed to prioritizing the matter and coordinating with the client’s legal team to discuss fees and next steps. The client was encouraged to streamline their legal representation and ensure consistent strategy and communication across related claims.
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