Barrister Profile

Profile

A specialist in commercial law.

Commercial: Domestic and international contractual and commercial disputes concerned with the supply of goods and services, secured finance agreements, the carriage of goods, agency, construction, distribution disputes, banking, partnership, professional negligence, insurance, telecommunications, receivables financing and commercial fraud.

Company and Insolvency Law: involving personal and corporate insolvency, minority shareholders' claims, directors’ disqualification proceedings and a wide range of applications under the Companies Act.

Agricultural & Estates: All commercial and associated property and planning issues arising from Farm and Estate Management  including compensation claims under the Agricultural Holdings Act 1986. Work in this area is supported by a practical knowledge of running a small estate and by work carried out as Chairman of the Surrey Country Landowners Association and as a member of the CLA national legal and parliamentary committee.

Sport: Disciplinary and regulatory work and contractual claims arising out of sport with a particular expertise in equestrian sport.

Background: A wide experience of court, advisory and drafting work in all areas in which Chambers specialises together with property and planning law; including appearances in the Court of Appeal, the EAT, the Queen's Bench and Chancery Division of the High Court, the Companies Court, the Technology and Construction Court, County Courts and planning Inquiries. In addition ADR work through mediation and domestic and international arbitral tribunals. In 1999 worked for Allen & Gledhill in Singapore on major construction, banking and project finance cases. Since 2000 has developed a broad commercial practice underpinned by practical experience of Domestic and International business together with Rural and Equine commerce.

Fellow of Chartered Institute of Arbitrators

Appears in International and Domestic Arbitrations.

CEDR Accredited Mediator

Undertakes a wide variety of commercial mediations including facilitative mediation connected with family and business disputes connected with estate management.

Mediations conducted from own mediation facilities in the Surrey Hills or from London.

Accredited to accept Direct Public Access Instructions

Direct Public Access Instructions accepted from companies and individuals when it is appropriate to do so.

Current Cases

Representing a Jordanian distributor in four linked arbitrations against Johnson & Johnson (Middle East) with settlement conferences due to take place in Dubai.

Representing a Jordanian Distributor against Beechams International in an ICC arbitration in Paris.

Acting for a subcontractor in dispute associated with the fitting out of office space in Canary Warf development.

Representing Claimants in a multiparty action in the Chancery Division concerning “the theft of the business” of a plastics recycling and waste disposal business. [Breach of restrictive covenants, misuse of confidential information and client lists]

Acting for quarry owners in a claim arising out of arson which has delayed ongoing diversification works.

A Claim in the Chancery Division under s.303 and s.304 in negligence against a Trustee in Bankruptcy.

Acting for sets of  Defendants in a series of Claims by Quest 4 Finance Ltd  in the Queen’s Bench Division where the  Administrators of  Quest 4 Finance Ltd are seeking  indemnity payments from company directors under warranty documents.

Representing the Claimant in the Queen’s Bench Division for losses flowing from the negligent training of racehorses.

Acting for a Spanish thread manufacturer in the Queen’s Bench Division in a dispute concerning the quality of moquette fabric for the mass transport industry.

The value of these cases range from £100,000 to $9.4million.

Recent Cases

Beard v Azur Villas & Ors (2009) Successfully acted for four Defendants facing wide ranging commercial fraud allegations. Following two weeks in the QBD Judgment was given in favour of the Defendants with indemnity costs awarded against the Claimant. [Reported in National Press]

The Magna Trust v Saxon Lifts (2008) Successfully acted for Defendants in 7 day trial in Sheffield concerning alleged defects in the engineering and design work of a scissor lift installed in a visitor attraction.

Said Shaban & Tleel Trading v Cadbury International (2008) Successfully acted for a Dubai based Middle Eastern distribution network in a claim for wrongful termination of a distribution agreement. Arbitration seat in London where evidence, submissions and costs arguments were heard over five days.

Lloyds TSB v Edmondson (veterinary) (2008) Successfully set aside the directors guarantees relied on by the bank in a claim for an indemnity of defaulted loans to the veterinary practice. (Heard in Southampton County court over 5 days)

Datafind v Sugden (2008) A claim in the Chancery Division for wrongful diversion of an IT business. Following interim applications settled at mediation.

BSJA v Plumley (2008) Show Jumping Disciplinary tribunal and Appeal to BEF.

Reported Cases

Lindsey Anne Beard v Azur Villas & Ors [2009] EWHC 1716 (QB) LTL 20/7/2009

Datafind Services Ltd v Sugden &Ors [2007] EWHC 3135 (Ch) LTL 8/2/2008

Quest 4 Finance Ltd v John Maxfield & Ors [2007] EWHC 2313 (QB) 2 CLC 706

Broadway Investments Hackney Ltd v Lowell Gerald Grant (2006) (CA) LTL 20/12/2006 (2007) HLR 23 (2007) L&TR 11

Smiths Detection Watford Ltd v Berriman (2005) EAT LTL 27/9/2005

Wadsworth v Nagle (2005) [2005] EWHC 26 (QB) LTL 6/4/2005

Re A Debtor sub nom Valder v Durrant & Anor (2003) LTL 10/7/2003

Scancom International A/S v RWH Enterprises Ltd [2003] QBD All ER (D) 89

Brent London Borough Council v Douglas Reynolds (CA) (2001) 50 EG 89, Times December 18 2001

Publications

Contributing Editor to Butterworths Law of Limitation

Articles in Surrey Lawyer Magazine

Articles in Carriage Driving Magazine

Q&A in Horse and Hound

Professional Membership

ComBar, IBA (International Bar Association), Chartered Institute of Arbitrators, CLA (County Land and Business Association) (Chairman of Surrey Branch, elected member of National Legal and Parliamentary Committee)

Education

Legal Education:

Currently reading part time for LLM in Insurance and Maritime Law (University College London),

Fellow of the Chartered Institute of Arbitrators (2008)

Lecturer (Part-Time) (BPP Law School) (2004-5)

Direct Public Access Certification (College of Law) (2004)

CEDR qualified mediator (Centre for Effective Dispute Resolution) (2004)

Member of the Chartered Institute of Arbitrators (2004)

Diploma in International Arbitration (2003)

Chartered Institute of Arbitrators [Malaysia]

Bristol University (2000-2003)

LLM (Commercial Law)

Units Taken: Commercial, Company, Employment, Insolvency and Security Law. Dissertation in Insurance Law: "Subrogation- the Development of Conceptual Unity"

Pegasus Scholarship (Singapore) 1999

St Andrews University, MA (Hons) (1987-1991), Junior & Senior Honours Modern History (1989-91), Prize: Roosevelt Study Centre Essay Prize 1991 (For the best original work by a European Undergraduate)

Languages

Spanish

Interests

Carriage Driving, Country Life, Fencing, Sailing, Riding, Shooting, Skiing, Art. Cinema, European and American Literature, Hispanic Literature and Culture, Music, Opera, Theatre, Travel (Travelled very extensively in the Middle East, Asia, Australia, Europe, USA, South & Central America)