Dean Thistle's Contract and Commercial Cases

Successfully defending a Data Protection Act claim

Dean represented the Defendant company in a claim brought by an ex-employee in respect of an alleged breach of the Data Protection Act. The Claimant sought considerable damages arising from the alleged distress caused as a result. Dean conducted the trial and following judgment the court dismissed the claim, having found in favour of the Continue reading

Securing payment and damages for a sub-contractor

Dean represented a building company in a contract dispute regarding the development of two houses on a piece of land. His client was a sub-contractor employed by a company to carry out various building works within the development. The work the client was required to carry out turned out to be far more significant than Continue reading

Ensuring payment for a sub-contractor

Dean acted for a sub-contractor in a contractual dispute over analytical services provided to a commercial data centre service provider. The contractor disputed the amount of work that had been carried out by the sub-contractor, alleging that it did not owe any of the money claimed. On the day of trial Dean was able to Continue reading

Partnership advice

Dean was instructed by two clients to provide written advice and advise them in conference in respect of their intention to join an existing partnership. Dean was able to advise as to the nature and effect of the partnership agreement as well as the liabilities to which they would be subject.

Company incorporation

Dean advised one of the intended shareholders and directors of a newly formed company in relation to its incorporation. The company operated in the field of website analysis. Dean was instructed to advise as to the implications and liabilities of such an endeavour as well as draft the Memorandum of Association, Articles of Association and Continue reading

Detailed assessment of costs

Dean acted for a successful claimant in Detailed Assessment proceedings following a claim in which damages were awarded in excess of £200,000, the costs bill being originally drafted for a sum of just over £140,000. The case involved disputes as to (i) the amount of costs to be awarded, (ii) the enforceability of the CFA Continue reading

Partnership agreement

Dean represented a client in a dispute with his previous business partners for recovery of his share of the business, being in excess of £60,000. The proceedings resulted in Judgment for the full amount claimed, including interest, being awarded to the client.

Contractual dispute over stolen vehicle

Dean acted for a car sales business that had purchased a car which was subsequently shown to have been stolen from the original owner. As a matter of law the seller of the vehicle could not pass good title to the client, despite not knowing that the vehicle was stolen, and therefore the car was Continue reading

Agency fees advice

Dean advised a property developer as to its potential liability of commission payable to a marketing agent, and ways to minimise it, in respect of 32 properties placed for sale. Such advice enabled the developer to avoid paying any commission to the agent.

Contractual dispute with sub-contractor

Dean acted for a developer in respect of a dispute with an electrician sub-contractor engaged by the developer on a project involving the refurbishment of four properties. The developer sought damages in excess of £25,000 owing to the electrician having failed to carry out the contracted work satisfactorily. The proceedings were settled on favourable terms Continue reading