Commercial
Guy’s practice has, historically, been evenly divided between traditional chancery litigation concerning land and probate disputes and commercial litigation concerning the protection and enforcement of contractual rights and remedies. Key areas of practice include breach and enforcement of commercial contracts, boundaries and rights of way, freezing/search and seizure orders, The Inheritance Act 1975, professional negligence, the interpretation of wills and commercial landlord and tenant disputes. He also undertakes work involving building and construction disputes, sale of goods and partnerships.
Guy has, in the recent past, been involved in various disputes arising out of the insolvency of a major solicitors’ practice in the North West. He also regularly acts for vendors in share purchase agreements, defending their earn out and additional consideration payments from collateral breach of warranty allegations.
Guy has a special connection with Lake Windermere, having acted for a number of home owners and businesses in dispute with the Local Authority over the extent of their land ownership and for lodge and caravan licensees against caravan park owners. As a result he has developed a specialty in water boundaries and the rights and remedies available to those with holiday homes under license.
Guy has acted for a major progressive rock band and other artistes in the entertainment world, who have, historically, been subject to oppression by powerful companies, in particular in relation to issues arising out of performers’ royalties (including digital rights) and neighbouring rights.
As a result of his involvement in the Autofocus Appeals litigation, and as junior counsel in the Bent and Stevens appeals, Guy has, over the last few years, become a leading expert in Credit Hire issues. The Autofocus Appeals between 2010 and 2013 (2 sets of Test Cases in the Court of Appeal and 350 appeals in the County Courts around the country) led onto the application to commit 7 Autofocus “rates surveyors” to prison for contempt of court for making false statements and perjury, with all 7 either admitting their wrongdoing or being found to have made the false statements alleged and to have perjured themselves. Each received an immediate sentence of imprisonment following the longest-known committal application hearing in British legal history (7 to 8 weeks) in 2017.
Guy has also appeared regularly in the Court of Appeal, usually successfully (see cases listed in main CV).
Commercial Cases
Recent cases:
San Marco Limited v F. Berry – Claim against insurance broker for failing to obtain effective insurance over a newly purchased public house premises to be converted into an Italian Restaurant by a well-known Lancashire chain; premises destroyed by fire while effectively uninsured.
Astra Signs v Speedrite – Claim against specialist removal company for damage beyond repair of commercial printing equipment valued at £250,000
Accident Exchange Limited v McLean, Forrest and others [ongoing] – Claim made against former owners of car hire rates surveying company and 3 firms of solicitors alleging an unlawful means conspiracy to misrepresent alternative rates so as to damage the business of the Claimants and other credit hire companies. Guy has recently been appointed senior junior following his success (with Joh Rees Q.C. who now leads the team in this litigation) in the Autofocus surveyors committal proceedings in 2017; the claim is pleaded at £126,000,000. A trial is set for October 2018.
Kelly v Moxham – cohabitee case concerning £1.5 million house in Oxfordshire
Marillion v Parlophone Limited – dispute over digital royalty rates and alleged underpaid royalties.
Reader v Spie UK v Garside [ongoing] – Claim for unpaid bonus; counterclaim and Part 20 claim in alleged conspiracy to defraud against employee and director relating to the unpaid bonus following a share sale agreement.
Nduka v Elephant Insurance [ongoing] – Claim against own insurer for wrongful repudiation of insurance policy relating to Range Rover – allegations of fraud – claim also against alleged insurer of vehicle causing damage, driven by thief. Significant loss of use claim.
Hogg v Newton [ongoing]– Appeal concerning whether letter was valid Part 36 Offer and, if so, whether it could be accepted 3 years after being sent and after parties had reached settlement of PI claim (but leaving credit hire claim of £125,000+)
Open Door Legal Services v I C Law [ongoing] – Claim that solicitor acquiring bulk work from administrator of bankrupt solicitor’s firm is liable to pay introducer’s fee (percentage of amounts recovered in litigation) to introducer of work to bankrupt firm. £1,000,000 claimed.
Other reported cases:
Accident Exchange v Broom and others [2015] EWHC 2205 (Admin)
Stevens v Equity Syndicate Management Limited [2015] R.T.R. 24
Gonzalez v Dignity Funerals Limited – 14 March 2016 County Court (Willesden)
Gow v NFU Mutual – 24 May 2016 County Court (Central London)
Dickinson v Tesco Plc [2013] C.P. Rep. 24 [2013] R.T.R. 27 Court of Appeal (Civil Division)
Bent v Highways and Utilities Construction (Costs) [2011] EWCA Civ 1539; [2012] 2 Costs L.O. 127 Court of Appeal (Civil Division)
Purushothaman v Malik [2012] R.T.R. 21 Court of Appeal (Civil Division)
Pattni v First Leicester Buses Ltd [2012] R.T.R. 17 [2012] P.I.Q.R. Q1 Court of Appeal (Civil Division)
Accident Exchange Limited v George-Broom & ors (2012) [2012] EWHC 207 (Admin) (Divisional Court, Civil Contempt Committal Application)
Garside v Black Horse Ltd [2010] EWHC 190 (QBD)
Coutts & Co v Chowdery – [2009] All ER (D) 144 (Dec) Court of Appeal (Civil Division)
Adam Opel v Mitras Automotive [2008] EWHC 3205 (QBD)
Bullock v Atlas Ward Stuctures Ltd – [2008] All ER (D) 43 (May) Court of Appeal (Civil Division)
Weetwood Services v Ansvar Holdings[2007] EWCA Civ 736 [2007] All ER (D) 12 (Jul) Court of Appeal (Civil Division)
Garside & Barlow v Lake District Leisure (2007) (TCC, Manchester)
Beardall and others v Vinamul Ltd [2006] All ER (D) 03 (Feb) Court of Appeal (Civil Division)
Beardall and others v Vinamul Ltd [2005] All ER (D) 391 (Feb) (QBD)
Bruce v Genesis Fast Food Ltd [2003] EWHC 788 (QB); [2004] P.I.Q.R. P9 Court of Appeal (Civil Division)
Workman v Pannone & Partners (a firm) – [2002] All ER (D) 245 (Nov) (QBD) Grundy v Naqvi [2001] EWCA Civ 139 Court of Appeal (Civil Division)
Rihani v J Wareing & Son (Wrea Green) Ltd (2000) Court of Appeal (Civil Division)
Pickford v ICI (1998) 1 WLR 1189 House of Lords
Pickford v ICI (1997) [1997] I.C.R. 566 Court of Appeal (Civil Division)
Re Agriplant Services Ltd (In Liquidation) [1997] B.C.C. 842 (Chancery Division)
Cadogan v McCarthy & Stone (1996) [1996] E.G. 94 (C.S.); [1996] N.P.C.
77; [2000] L. & T.R. 249 Court of Appeal (Civil Division)
Simmons v Dobson (1991) 1 WLR 720; (1991) 4 All ER 25 Court of Appeal (Civil Division)
Taylors Industrial Flooring v M & S Plant Hire (1990) BCLC 216 Court of Appeal (Civil Division)
