Commercial
Stephen is an exceptional commercial barrister. He is highly respected and specialises in high value and complex disputes. He has over 20 years’ experience in the field of commercial litigation and is recommended as a leading practitioner by both Chambers and Partners and The Legal 500. His practice comprises:
- Shareholder and company disputes
- Partnership disputes
- Commercial contract disputes
- Commercial fraud
- Professional negligence – solicitors, surveyors and accountants
- Product liability
- General commercial litigation
- Arbitration, mediation and other forms of alternative dispute resolution
Stephen is renowned for his hard working and no nonsense approach, for the pragmatic and strategic advice that he provides and for his ability to relate to his clients and to communicate his advice to them in an unstuffy, clear and practical manner.
Stephen’s work encompasses advisory work, interim applications (very often urgent), trials and ADR. He appears regularly in the Chancery Division, the Mercantile Court and the Court of Appeal.
Commercial cases
Stephen’s significant cases in the past few years have included the following:
Clements v Frisby [2023] EWHC 320 (Ch)
MO v CB (2016) – Acted for the Petitioner in s.994 Petition against fellow 50% shareholder in and the directors of successful trading company arising from the wrongful diversion of business to parallel company. The Respondents conceded liability on the eve of trial and consented to a purchase order at an undiscounted value, with the trial on quantum to follow later in the year.
Raymond v Young (2014 first instance 2015 Court of Appeal) – Acted for the Claimants in a 16-day nuisance and harassment trial. Stephen provided advice and representation at all stages and was successful in obtaining and, in the Court of Appeal, maintaining a claim for ‘stigma’ damages for damage caused to the value of the Claimants’ property by the nuisance and harassment of the Defendants.
VC v J (2015) – Acted for the Claimant in proceedings against its former managing director for misuse of confidential information and breach of covenant claiming losses in excess of £1 million. Proceedings began with Anton Pillar order against the former MD. Followed by series of substantial contested interim applications with former MD bringing unfair prejudice petition in response. Ultimately settled ahead of trial at mediation.
Hy-Fly v Salisbury (2015) – Acted for the Claimant in equitable fraud proceedings seeking to recover substantial sums that had been paid to the Defendant as deposit monies for the purchase and construction of commercial wind turbines which never materialised. Following trial and on the eve of hand down of judgment favourable terms of settlement agreed.
Arthur Doodson (Brokers) Limited v Whitham and Waring (2013) – Acted for the Claimant in obtaining urgent interim and subsequent final injunctive and springboard relief against former senior employees outside their restrictive covenant period arising from their misappropriation and misuse of confidential client information belonging the Claimant.
C&S v G4S (2013) – Trial of a preliminary issue as to the entitlement of an assignee of the benefit of Keyholding security contracts to rely upon limitation of liability clauses in those contracts as a defence to claims of negligence against them.
West Midlands Travel v Aviva Insurance (2012 first instance 2013 Court of Appeal) – Acted for Aviva Insurance in a test case as to the correct measure of damage to be applied for the loss of use of a public service vehicle and in establishing that the longstanding case of Birmingham Corporation v Sowsbery no longer represented good law. Whilst the claim was modest in isolation, it ramifications are wide ranging and will save the insurance industry upwards of £50 million a year.
LG v CTD (2013) – Acted for the Claimant in a contested and highly sensitive multi-million pound partnership dispute. Stephen provided advice and representation at all stages from the beginning of the dispute down to settlement the day immediately before trial due to have commenced.
A v B (2013) – Acted for the Claimant is a multi-million pound claim arising from the unlawful termination of A’s motor franchise by B. Settled at mediation in December 2013 on confidential terms.
X v Y (2013) – Acted for X in four separate but related actions arising from her employment and subsequent dismissal as the managing director of Y. The claims included shareholder, director and employee claims and were valued at in excess of £20 million. Settled at mediation in November 2013 on confidential terms.
