Contract and Commercial Cases

Successful resolution to long-running contract dispute

Paul acted for the Claimant in a long-running contract dispute between two business partners where the Defendant had refused to pay the final instalment of £75,000 due under a Share Purchase Agreement and also sought to argue that the Claimant had acted fraudulently and should repay the £50,000 already paid, plus a further, unspecified, sum Continue reading

When Claimant does not attend, claim is struck out

Cara acted for the Claimant as a result of a road traffic accident. The Claimant’s case was that she believed the Defendant had pulled over and so proceeded past her vehicle. The Defendant pulled back out and there was a collision. The Defendant’s position was that she had not pulled over and had only pulled Continue reading

When Claimant does not attend, claim is struck out

Cara acted for the Claimant in a road traffic accident quantum assessment. Liability had been admitted. Claims were for repair costs and hire charges. Limited evidentiary documentation had been served and the Claimant did not attend, having served a notice under CPR 27.9. Reference was made to case law to justify the limited documentation. Costs Continue reading

Amending particulars of a claim

Cara acted for the Claimant where the Respondent had made an application to set aside which was not opposed by the Claimant. The Claimant sought permission to amend their particulars of claims. Judgment in favour of the Claimant was set aside and permission given to amend the particulars of claim.

Achieving consent order for fee payment

Cara acted for a Claimant solicitors’ firm for non-payment of fees owed for work done. The matter was agreed with a payment plan to pay the outstanding amount outside of the court the morning of the hearing. The payment plan was entered as a consent order.

Defending claim for road traffic accident

Cara acted for the Defendant in a claim arising out of a road traffic accident where the Claimant stated she was putting her child into a car seat and her car door was open into the road to allow her to do that. The accident occurred as a result of the Defendant’s car hitting the Continue reading

Claim awarded for lengthy car hire

Cara acted for the Claimant in a quantum assessment of hire charges. The Defendant took issue with the period of hire as the car should have taken 2-3 days to repair but ended up taking 23 days, thus the hire charges were for 23 days. Cara argued that since the Claimant had placed their car Continue reading

Claim awards, with costs and interest

Cara acted for the Claimant in a claim for non-payment of solicitors’ fees. The Defendant had partially admitted the debt but did not accept the full amount. The Defendant did not attend the hearing and so judgment was entered for the full amount claimed, plus interest and costs.

Contractual claim for online services

Rachel’s client was a large international company which had previously instructed her, and once again sought her advice and expertise. The client was facing a contractual claim from a user of one of its online services. There was an issue with regards to the identity of the contractual parties and Rachel’s client in any event Continue reading

Securing substantial damages and costs

Rachel acted for a client who had entrusted his prestige car to the Director of a company purporting to specialise in car sales. The agreement had been an oral one and so there was very little documentation to substantiate what Rachel’s client said had been agreed. Rachel’s client had not received the money due to Continue reading

Holiday sickness claim settlement without a court hearing

Rachel was instructed to represent the Claimant in a travel sickness claim against one of the UK’s largest tour operators. The matter had been listed for a full day’s fast track hearing, and the parties had been ordered to prepare skeleton arguments in readiness. Rachel’s thorough and persuasive skeleton argument was provided to the Defendant Continue reading

Protecting a Defendant from credit hire charges

Lavinia represented the Defendant in a small claims road traffic accident. Whilst the circumstances of the accident are unremarkable, an interesting point arose as to the credit hire claim. The Claimant had signed an agreement with the credit hire company whereby it was agreed that, if she took out a credit hire agreement with them, Continue reading

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

Successful Claim against Builder for Return of Money

Rachel’s client had paid over £10,000 to a builder for work to be done on her property. Due to a breakdown in the working relationship the builder had left the site and taken his workmen with him, and Rachel’s client sought damages from the builder for work done either incorrectly or not at all. The Continue reading

Securing payment of unpaid invoices and additional fees

Sophie was instructed by a Claimant in a claim against a Defendant estate agent in a dispute arising out of unpaid invoices. The Claimant had provided software to the Defendant estate agent for approximately two years, which enabled the estate agent to manage properties on behalf of third-party landlords. Following two months of non-payment by Continue reading

Costs awarded to a Defendant

In this interesting case Rachel was instructed on behalf of a vulnerable Defendant with longstanding mental health difficulties who had been sued by an established nationwide Estate Agency company. The Claimant company’s claim was brought on the basis that the Defendant had entered into an agreement with the Estate Agency to sell her house and Continue reading

Representing a Client in Multi-Track Business Dispute

Rachel was instructed to represent the Defendant in a multi-track claim arising out of the dissolution of a company previously run by the parties. Rachel represented her client at a lengthy application hearing, successfully opposing the Claimant’s attempts to persuade the Judge to force the Defendant to prepare and provide a Scott Schedule. Rachel’s instructing 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

Recovery of debt owed under a rental contract, plus costs

Rachel acted for the trustees of a large and historic landed estate to recover money owed by a tenant who had given early surrender of their tenancy of an estate farmhouse. Although numerous payment plans had been agreed between the parties, the Defendant had defaulted on each one and claimed that the rent had been Continue reading

Successful application for a bankruptcy order

Rachel acted for the Claimant company which was owed over £25,000 by the Debtor for unpaid nursing home fees. The company sought a Bankruptcy Order but the Debtor applied for an adjournment on the basis that he was close to finalising the terms of a re-mortgage and would shortly be in a position to use Continue reading

Recovering unpaid bills for a small business

Rachel’s client, the Claimant, was a small business who had carried out work for a local property developer who had then refused to pay. The Defendant had not responded to any of the paperwork from the court or Rachel’s client, so judgment had been entered for the Claimant. The Defendant then made an application for Continue reading

Recovering sizeable unpaid debts for an Auction House

Sophie represented an Auction House in a contract dispute arising out of sales totalling around £13,000. The facts of the case involved an individual bidding on a number of lots at auction, subsequently failing to pay and then a factual dispute arising out of who was liable for the balance owing. Both the original bidder Continue reading

Defending against a £20million claim

John acted for a Defendant in a case in which the Claimant was attempting to make a claim whose value, taking into account costs, investigative work, and legal fees, spiralled, at its highest, to £20 million. This figure would, if awarded, bankrupt John’s client.   The Defendant had been in practice as a high level Continue reading

Defending a claim for breach of contract and negligence

John acted for a Defendant business in a claim for breach of contract and negligence following the death of the proprietor, in which the Claimant sought to claim against the business, which was the estate of the deceased. The Claimant, the spouse of the deceased, sought to argue that amounts of money had been left Continue reading

Representing a commercial leaseholder

John acted on behalf of a commercial leaseholder, acting in negotiations and representing his client in a number of directions hearings involving several leased properties that were allegedly falling into disrepair. This case was crucial for John’s client as losing one case was likely to lead to floodgate litigation, which would bankrupt the client. John Continue reading

Decfective interim charging order

Melanie acted for the Judgement Creditor in a complicated and long-running case involving a defective interim charging order, which was duly rectified and a final charging order granted. The Judgement Debtor duly made two applications – one for an adjournment/stay of the proceedings and another for the setting aside of the final charging order Melanie 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

Resisting strike-out on the grounds of limitation

John successfully represented a commercial client in resisting the Defendant’s application for strike out on the grounds of limitation. Although the Defendant had a strong argument that his client was statute-barred from bringing a case outside of the 6 year limitation, John’s knowledge of commercial law meant that he was able to resist the application. Continue reading

Representing a borrower in a loan dispute

John acted on behalf of a borrower in a loan dispute against a major High Street bank. Despite the borrower’s loan account having being closed some years earlier and the limitation period having expired, the lender sought to recover the full amount. This case involved John’s detailed expertise and prolonged arguments on historical case law, 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

Injunction against building works

Dean acted for a company with assets in excess of £2 million in respect of an application for an injunction preventing building works being carried out on its premises that would affect the company’s ability to carry on its business. The application resulted in an agreement being reached between the parties such that the company Continue reading

Contractual Claim

Ronald successfully represented a care home at first instance and on appeal. The case involved a contractual action where a care home client died following admission to hospital and the executor of the estate refused to pay the outstanding fees, on the basis that the care provided was in breach of the standards set by Continue reading

Property dispute

Melanie acted for a home owner following negligent works carried out to their property, and again was successful in securing an appropriate damages award.

Building dispute

Melanie represented a builder in a dispute for unpaid bills against a landlord, and successfully secured judgment in her client’s favour.

Abuse of process

Melanie successfully represented a Defendant company regulated by the FSA whereby the Court set aside default judgement on the grounds of abuse of process.

Major national banking charge case

Melanie was Counsel representing the Respondents in Kent in a major, high-profile case relating to banking charges on unauthorised overdrafts. This national case, which hit the headlines for some considerable length of time, resulted in the law relating to banking contracts being streamlined and culminated in the Applicants’ cases being dismissed with costs.

Contested contractual hearing

Melanie successfully represented the Respondent in a contested hearing involving numerous contractual issues. A preliminary application to strike out on behalf of the Respondent was made which resulted in the Claimant withdrawing its claim in its entirety.

Securing £0.25 million savings in a supply contract dispute

John acted for a local authority in a case involving a supplier who claimed numerous and significant breaches of a supply contract by the local authority. John successfully persuaded the Court that an on-going contract with the drinks supplier was null and void, despite the claimant arguing that the contract was valid, and on-going. In Continue reading

Securing business terms

A dispute between two companies, each of whom had supplied their own contract, and claimed that their own contract was relevant. If John’s client had to operate on the other side’s contract, they would be responsible for all fees and expenses within the business relationship. Known as a ‘battle of the contracts’, John compared the Continue reading