SELECTED CONCLUDED CASES

• Consolidated Finance Limited v Hunter [2010] BPIR 1322 – successful claim for possession and money judgment by a mortgagee in the face of a defence raising sections 140A-D of the Consumer Credit Act 1974
• Mullen v White; Eadie v Mullen and another; Mullen v Mullen [2017] EWHC 2796 (Ch) – successful claim against co-guarantor; established the principle that a co-guarantor is liable to equitable contribution in circumstances where the debt was deemed discharged upon the first co-guarantor being appointed executor of the creditor’s estate
• Successful claim at trial and on appeal by a landowner enforcing prescriptive right of way to a landlocked property
• Successful claim after a multi-day trial concerning payment of invoices for a deliveries of gas cylinders by a Turkish company, the claim being defended on the basis of alleged defects in the products supplied.
• Successful £3million claim brought by a major bank against co-guarantors
• Successful professional negligence claim against solicitors and a successor practice arising from a failed foreign property transaction
• Successful professional negligence claim against solicitors arising from a fraudulent property transaction, issues involving whether or not a duty owed by a solicitor to the third party claimant could be established
• Successful claim against a mortgagee to establish that the mortgagee is liable for non-domestic rates in relation to an unoccupied property
• Advising in relation to a professional negligence claim against Lloyds brokers following a refusal by the Lloyds syndicate to indemnify under an insurance policy following a building fire.  Successful settlement negotiated.
• Advising in relation to policy coverage following a claim by an injured claimant against the purported occupier of premises/purported policyholder
• Advising insurers in subrogated recovery proceedings against a contractor following injury caused to a visitor to the policyholder’s premises
• Defending a contractor following a fire in a thatched roof
• Successful claim for possession by a mortgagee in the face of multifarious defences including breach of FCA regulations, breach of agreement and equitable arguments
• Successful claim for declaration of entitlement to beneficial interest in a property and order for sale pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996
• Successful defence to claim for a right of way based on prescription
• Partially successful two day hearing before the Leasehold Valuation Tribunal concerning withheld service charges
• Representing an architect in TCC proceedings in a very significant claim for professional negligence involving renovation of a listed building.  Successfully negotiated settlement.
• Representing a policyholder in a claim for an indemnity under a contractors’ all risk policy following a fire at a building.  Indemnity has been refused for breach of a fire-precautions condition.  Highly beneficial settlement negotiated after a long evidence gathering exercise
• Representing the 4^th Party alleged supplier of a plumbing part which was alleged to have failed in a dispute involving very significant water damage caused to a large office building whilst under construction.  Drafted a very strong defence following evidential investigations and thereafter a very beneficial settlement was successfully negotiated.
• Successfully applied to strike out a sizeable breach of construction contract claim on the basis of limitation.

Selected Ongoing Cases

• Dispute concerning the erection and installation of plant at an effluent treatment works
• Dispute involving a claim for unpaid fees and a counterclaim for dishonest assistance
• Unfair prejudice petition by 2 shareholders
• Acting for the employer in a claim for breach of contract against a construction company following failures by the company to complete building works at a barn conversion.
• A claim against a Lloyd’s Syndicate for breach of an insurance policy in refusing an indemnity following a fire.
• A claim for breach of warranty in a share sale agreement and breach of an associated consultancy agreement.
• A claim in professional negligence against solicitors and accountants arising from losses caused following a share purchase agreement.
• A claim for damages by a company arising from breach of fiduciary duties and other obligations
• Representing insurers in various subrogated recovery proceedings including a claim arising from flooding caused following an under-floor pipe burst, from subsidence damage caused to the policyholder’s home, and an action against a contractor arising from water damage caused to computer equipment
• Representing insurers being sued by a policyholder for an indemnity under a household insurance policy following damage caused by subsidence
• Proceedings involving interpretation and application of repairing covenants in a lease
• Boundary dispute where some plans are not available