| Summary of Practice
and recent cases |
Commercial Litigation : A wide range of commercial matters including building disputes, banking, agency relationships, competition law, insurance, shipping, the sale and carriage of goods, guarantees, consumer credit and restitutionary claims. Matters are dealt with on both an advisory and advocacy basis. By way of illustration:
- Junior counsel acting on behalf of guarantors defending a £2 million claim arising from circumstances of fraudulent misrepresentation
- Successfully acted for a range of construction firms concerning both commercial and residential property developments
- Acted on behalf of a ship-owner in respect of an arrest of a vessel
- Acted on behalf of European based international supplier of fabricated buildings in claim against UK construction firm
- Advised a national supermarket chain in respect of alleged anti-competitive behaviour
Asset Finance Litigation : A particular area of expertise is in relation to asset finance litigation on behalf of financial institutions, businesses and individuals. All sizes of disputes are dealt with from single vehicle cases to those involving large scale industrial machinery. Advice on merits and the availability of remedies can be provided at very short notice. By way of illustration:
- Counsel in G.E. Capital Bank Limited v Rushton and Another (Court of Appeal) Dealing with (i) the definition of a private purchaser in Section 27 of the Hire-Purchase Act 1964, (ii) what amounts to good faith in English law and (ii) what acts are necessary in order to establish liability for conversion
- Acted for a finance house seeking recovery of £550k owed under a series of leasing agreements from both the lessee and guarantors together with the delivery up of the leased equipment
Chancery law: Work is undertaken in a range of Chancery law topics including property disputes involving easements, boundary disputes, sales of land and adverse possession. By way of illustration:
- Trial counsel for a party claiming adverse possession over farmland
- Successfully acted on behalf of a range of both commercial landlords and commercial tenants in a variety of proceedings
- Acting on behalf of client in a dispute over the beneficial entitlement to monies formally held in a joint bank account
Other Areas of Specialism: Insolvency, professional negligence, administrative law and cost proceedings are other areas of expertise. By way of illustration:
- Counsel in Spencer v Wood (t/a Gordons Tyres (a firm)) (Court of Appeal) - Dealing with issues on the enforceability of conditional fee agreements and the consequences flowing from a finding that a material breach exists
- Successfully defending a firm of solicitors against a £1 million professional negligence claim
- Acting for a company in respect of alleged transactions at an undervalue
- Advising on alleged breaches by a public body of the Human Rights Act 1998 and the quantification of resulting loss
Successfully resisting the deportation of EU national from UK where individual was alleged to be a threat to national security |
| Recent Reported Cases |
G.E. Capital Bank Limited v Rushton and Another [2005] EWCA Civ 1556, [2005] WLR (D) 197, (2005) Times, 21 December ( Sir Anthony Clarke MR, Rix and Moore-Bick LJJ) [ Dealing with definition of a private purchaser in Section 27 of the Hire-Purchase Act 1964, what amounts to good faith in English law and also what acts are necessary in order to establish liability for conversion]
G.E. Capital Bank Limited v Rushton and Another [2005] EWCA Civ 1393, 2005 WL3126629 (CA (Civ Div)), 30 September 2005 (LJ Rix) [Dealing with the circumstances where a stay will be granted in respect of a monetary judgment. Despite usual unavailability of stay in monetary claims, granted to Appellant because dispute concerned ownership of property now represented by monetary judgment]
Spencer v Wood (t/a Gordons Tyres (a firm)) [2004] EWCA Civ 352, (2004) 148 Sol Jo LB 356, (2004) Times, 30 March, [2004] All ER (D) 275 (Mar) (Brooke, Jonathon Parker and Kay LJJ sitting with Senior Cost Judge Hurst) [Dealing with issues on the enforceability of conditional fee agreements and the consequences flowing from a finding that a material breach exists |