Commercial
Eleanor practises in all aspects of Commercial Litigation and Dispute Resolution and has practised in these areas for over 13 years (as sole Counsel and also led). Most of her work is in the Business and Property Courts but she also regularly appears across the north of England and also in London.
Eleanor’s commercial expertise encompasses the full suite of Contractual Disputes, Sale of Goods, Company and Shareholder matters (including Unfair Prejudice Petitions, Disputes concerning the proper meaning and construction of Shareholder Agreements and Directors’ Duties), Breach of Warranty Claims, Insolvency, Partnership disputes (particularly those with a property aspect) and Professional Negligence.
Cases
- Successfully represented the Defendants at a 4 day Trial in the Business and Property Courts in London, where the Claimant’s Claim for damages arising from an alleged breach of a restrictive covenant in a Shareholders’ Agreement (with damages said to be valued in excess of £1 million) was dismissed in its entirety.
- Eleanor represented Court-appointed Receivers in respect of the tracing of company monies (totalling over £1 million) which had been transferred out of a company’s bank account into the names of various third parties. The quantum of the monies transferred totalled over £1 million. The Receivers were appointed by the Court to trace the monies and to recover them pending resolution of a derivative Claim which had been brought against various persons, including the director of the company.
- Eleanor represented the Defendant in the High Court in London concerning alleged breaches of a Post-Judgment Worldwide Freezing Order. The Claimant had issued a contempt Application against the Defendant and was asking the Court to impose a 6 month custodial sentence upon the Defendant. After several months of to-ing and fro-ing with the other side, Eleanor and her instructing solicitor managed to secure the Claimant’s discontinuance of the contempt Application.
- Represented the Claimant in a multi-day Trial in London concerning a personal guarantee, which the Defendant contended was procured by undue influence. All allegations of undue influence were dismissed and the personal guarantee was found to be enforceable.
- Represented the Defendants at a preliminary issue Trial concerning the proper meaning and construction of a disputed Clause in a Shareholders’ Agreement.
- Represented the Defendant at the BPC in Birmingham at the return date of a without notice injunction whereby it was argued that the Claimant had failed to comply with its duty of full and frank disclosure in respect of obtaining a without notice injunction. Following argument, the injunction was varied to a more limited form. Thereafter, the Claimant discontinued its Claim and the injunction was discharged with a costs order in favour of the Defendant.
- Succeeded in having a Claim to set aside a Judgment on grounds of alleged fraud struck-out pursuant to Rule 3.4(2)(a) and (b) of the Civil Procedure Rules.
