Our Work

Commercial Disputes

• Acting for Claimant purchaser of a pub/restaurant business to whom the profits were misrepresented by the Defendants and further there was a failure to complete the transaction despite a significant payment of the agreed purchase price having already been made.
  Legal Issues: Misrepresentation, repudiatory breaches, compliance with Law of Property (Miscellaneous Provisions) Act 1989.

• Acting for Claimant shareholder in bringing a derivative claim in the High Court following his exclusion from a take-away business and a diversion of its business and assets.
  Legal Issues: Companies Act 2006 – s.260, breach of fiduciary duties, obligations of directors, dishonest assistance and trading.

• Acting for an individual following a High Court injunction excluding her from a trading business on the basis of her being an employee – successfully having the injunction discharged on the grounds of material non-disclosure.
  Legal Issues: Obligations of disclosure on ex-parte injunction.

Business and/ or Family Assets (including Partnerships)

• Acting in a multi million pound partnership dispute concerning numerous properties and businesses acquired and built up over 35 years by 5 brothers, but the ownership of which assets was contested and determined by the High Court following a 15 day trial.
  Legal Issues: Partnership, constructive/resulting trusts, proprietary estoppels, Trusts of Land and Appointments of Trustees Act 1996 and the Court’s powers of sale, detailed accounts and inquiries.
  Case link: http://www.bailii.org/ew/cases/EWHC/Ch/2015/1298.html

• Acting in a number of cases for parents in pursuing a claim for property interests and for monies advanced after they had contributed to asset purchases in the name of their son and/or former daughter-in-law.
  Legal Issues: Constructive and resulting trusts, power under Trusts of Land and Appointments of Trustees Act 1996, intervening in matrimonial proceedings.

• Acting for brother in dispute with family members over beneficial ownership of properties built up over many years.
  Legal Issues: Constructive trust, proprietary estoppels and life interest in property.

• Acting in partnership dispute concerning properties and business with issues concerning the existence and extent of the asserted partnership.
  Legal Issues: Existence of Partnership, Partnership Act 1890, laches, abandonment.

• Acting for the Claimant in pursuing his interest in a glass business with the named shareholders denying his 50% interest.
  Legal Issues: Admissibility of covert recordings, constructive/ express trusts and credibility.
  Case link: http://www.bailii.org/ew/cases/EWHC/Ch/2016/1432.html

Landlord & Tenant

• Acting for tenant in pursuing a trespass and damages claim following unlawful forfeiture of the lease by the landlord.
  Legal Issues: Waiver of right to forfeit by way of acceptance of rent, calculation of damages for breach of covenant including expert evidence.

• Acting for landlords and tenants and advising concerning breaches of lease, damages and remedies available - including forfeiture.

Boundary/ Building Disputes

• Acting to overturn costs order made in the County Court during on-going proceedings concerning boundary dispute, with the High Court holding that the costs order made was outside of the wide ambit of the Court’s discretion.
  Legal Issues:  Costs, wide discretion of trial judge on issue of costs.

• Acting for builders and consumers concerning non-payment following assertions of defective works and arranging expert surveyors’ reports on the issues.

Banking

• Acting in a complicated claim by an international Bank against clients. The matter had a number of defendants and raised complex issues of occupation of a well-known local restaurant.  The matter was listed for a 15 day trial in the High Court and was resolved on the first day of trial.
  Legal Issues:  Legality of lease, occupation rights in absence of agreement.

• Advising and where appropriate defending claims brought by banks for possession and/ or monetary judgment based on mortgages and personal guarantees, including defences of undue influence and duress.

Charities/ Unincorporated Associations

• Acting in various disputes concerning the validity of elections/ selections of management committees of unincorporated associations particularly sikh temples up and down the country.
  Legal Issues: Applicability of Charities Act 2011, considering terms of Constitutions and rights of members/ trustees.

• Acting for trustees of sikh temple against the de facto management committee and successfully opposing their application to discontinue proceedings.
  Legal Issues: Notice of Discontinuance, permission of Charity Commission to pursue proceedings and court’s discretion.

Negligence/ Insurance Claims

• Acting for a client in pursuing his former solicitors who had failed to secure adequately a right of way to a residential development.

• Acting for insured parties following insurer’s refusal to indemnify under the terms of insurance.

INSOLVENCY

• Acting for an insolvency practitioner in defending a conversion claim based on retention of title clause.

• Acting for former director in defending various claim by liquidator alleging wrongful trading, transactions at an undervalue and preferences.

• Acting for husband in asserting as against trustee in bankruptcy beneficial interest in matrimonial home which was registered solely to his wife who had been made bankrupt.

• Acting for bankrupt in annulment of bankruptcy order on appeal in the High Court having obtained interim relief to allow bankrupt to operate trading business pending hearing of appeal.

• Advising on issues arising from personal bankruptcy.

• Acting for Law of Property Act Receiver appointed by a Bank to obtain orders for possession and sale.

• Pursuing and defending winding up proceedings in the High Court issued to recover sums said to be due.

EMPLOYMENT

• Acting for Claimant in her claim against law firm for discrimination - successful in securing £75,000 in compensation for derogatory comments made by a partner. The case was widely reported in the press at the time
  Legal Issues:  sex and race Discrimination, constructive dismissal.
  See links: http://www.dailymail.co.uk/news/article-1091820/Muslim-legal-assistant-taunted-boss-headscarf-wins-75-000-damages.html

• Acting for a self-employed consultant who was allegedly dismissed for gross misconduct. Representing the former consultant throughout the proceedings including undertaking the trial and representing the client at the Employment Appeals Tribunal.  Obtained judgment in excess of £100,000 for the client in damages.
  Legal Issues:  Employment status as opposed to self-employment status, unfair dismissal, compensation entitlement.

• Acting for a former nursing care worker who had been unfairly accused of abuse against a resident. Obtaining vindication for the former employee and an acceptance that the employee had been falsely accused for raising concerns for resident welfare.  Representing the employee to the Employment Appeals Tribunal and the matter was ultimately settled in the employee’s favour.
  Legal issues:  Constructive dismissal, whistleblowing.
• Acting for former employees of 2 Sisters Food Group in claims for unfair dismissal. The employees having been sacked for allegations of cash for jobs.  Employees were found by the Tribunal to have been unfairly dismissed after a 5 day hearing. The case was reported in the press.
  Legal Issues:  Unfair dismissal, failure to investigate allegations properly, procedure, fairness of dismissals.
  See links: http://www.birminghammail.co.uk/news/midlands-news/2-sisters-west-bromwich-workers-6655633

• Acting for a firm of accountants following an issue with a member of staff which resulted in a claim for unfair dismissal. The claim was ultimately thrown out by the Employment Tribunal as being without merit.
  Legal Issues:  Constructive dismissal, resignation.

BUSINESS AFFAIRS & COMMERCIAL PROPERTY

• Acting for a corporate client in the hospitality sector in the creation of its franchise offering.

• Advising on and preparing an Agency Agreement for a specialist innovative repair business with the intention of expansion into the international market.

• Advising and creating Partnership Agreements relating to the professional business sector.

• Advising on and preparing terms and conditions for a variety of businesses, both goods and services based.

• Advising in respect of land sale for development by well-known supermarket chain.

• Representing tenant in acquisition of leasehold licensed hospitality premises within a shopping centre requiring full refurbishment.

• Acting for corporate purchaser in purchase of trading nursing home from one of the largest providers of health care in the UK.

• Acting for seller in division and sale of part of site for development by Housing Association, retaining remainder of site for seller’s own development.

• Sale of trading leasehold business with contested refusal by landlord to consent to assignment of lease.

• Preparing and advice on personal guarantees.

REGULATORY & COMPLIANCE