DISPUTE RESOLUTION EXPERIENCE

  • Chatfields-Martin Walter Limited (part of Pendragon PLC): Significant case involving purchase a van owned under a hire purchase agreement. The subject matter of the issue (rather than its value) is of some considerable importance to the automotive industry and received press attention in for example, the Motor Finance magazine and online.
  • Acting for a global office supplies retailer on its alleged liability to a commercial landlord (and on claims of its own for alleged breach of collateral warranty against various contractors) in respect of asserted defects in the design, build or products used to construct the roof to its substantial warehouse and call centre at commercial premises in the UK.
  • Defending nationally known eye-care specialists against claims in the High Court by a number of joint venture partners for alleged misrepresentation and breaches of joint venture agreements and is pursuing counterclaims to enforce the terms of personal guarantees executed by the same joint venture partners.
  • Mediation: Successfully settled a claim brought in the Commercial Court on behalf of a well-known farmer’s co-operative in relation to a dispute arising out of the supply of unsuitable vegetable plants which resulted in lower than expected harvest yields.
  • Amber Valley Borough Council: Successfully defended the Council in part in a claim for judicial review in the Administrative division of the High Court arising out of the alleged unlawful granting of planning permission for a residential dwelling in Derbyshire.
  • Tesla Exploration International Limited: Representing Tesla in a claim currently pursued in the Courts of Bilbao, Spain, against Sociedad de Hidrocarburos de Euskadi S.A. (SHESA) for substantial damages arising out of the termination (due to threats against its staff and equipment through fear of alleged fracking) of a contract for the provision of vibratory-seismic 2D studies in an area of the Basque Country.
  • Deutsche Postbank: Advised the German bank in a bankruptcy tourism case in which it opposed the German debtor’s UK bankruptcy in order to enable the creditor to pursue its recovery in Germany.
  • Bertelsmann: Successfully represented a German bank in a bankruptcy tourism case against husband and wife who shortly before a fully contested hearing, consented to the annulment of their bankruptcy and agreed to pay costs, thereby clearing the way for the German bank to pursue recovery of their liabilities in Germany, from which husband and wife had tried to establish COMI (centre of main interest) in the UK and avail themselves of the UK’s more lenient insolvency regime.
  • The Welsh Ministers and seven Local Health Boards in Wales: We acted for The Welsh Ministers and NHS in Wales in a substantial and complex competition law claim against Reckitt Benckiser for abuse of its dominant position in the market in relation to the withdrawal of the drug Gaviscon from NHS prescription channels in 2005. The claim followed a BBC Newsnight programme and an OFT investigation resulting in a fine of £10 million for Reckitt Benckiser. The case settled at a two day mediation.
  • The Welsh Ministers and NHS in Wales: Advising in pursuing a substantial and complex competition law claim against Servier SAS and others for abuse of dominant position in the market in relation to the drug Perindopril. On 9 July 2014 the European Commission found Servier and others guilty of abuse of dominant position and imposed a fine of €330,997,200. (also Local Government experience)
  • Celsa Manufacturing (UK) Limited: Acting in relation to a claim against Veolia ES (UK) Limited for breach of a waste management agreement following the misdelivery of a substantial quantity of scrap metal. Celsa also claims for conversion, trespass, bailment and wrongful interference.
  • SHS Integrated Services Limited: We recently advised SHS Integrated Services Limited in two substantial High Court actions relating to the acquisition by SHS of Dixon Pentland Limited (now SHS Integrated Services (Transmission) Limited) including claims of breach of contract, warranty claims under a Share Purchase Agreement, breach of confidence, misuse of confidential information and declaratory and injunctive relief.
  • Hannafin Contractors Limited: We acted for Hannafin Contractors Limited in respect of a breach of contract, overcharging and misrepresentation claim against British Telecommunications plc. The claim was issued in the Cardiff District Registry of the High Court in January 2014 and settled in October 2014 at a mediation.
  • The Welsh Ministers: Acting on behalf of the Welsh Ministers in defending a Judicial Review Challenge in the Planning Court of the Administrative Court in Wales by Friends of the Earth to the M4 relief road scheme.
  • Central Bedfordshire Council: Defending a claim brought in the TCC by Heron Bros Limited regarding alleged breaches of the Public Contracts Regulations 2006 in relation to an OJEU procurement for the construction of the new Flitwick Leisure Centre.
  • Mr Michael and Mrs Catherine Whelan t/a Kites Nursery: Acted in respect of their claim against Barclays Bank Plc for being missold an interest rate hedging product for their nursery business, Kites. We were instructed to act in August 2013 after a long running dispute with the bank. The claim settled in August 2014.
  • The Welsh Ministers: Acting in an action brought by 36 Property Search Companies against 204 Local Authorities in England and Wales, as well as the Secretaries of State for Justice; Communities and Local Government; and Environment, Food & Rural Affairs; and HM Treasury; as well as the Welsh Ministers.
  • The National Assembly for Wales Commission: We acted for the National Assembly for Wales Commission in connection with the first reference made to the Supreme Court by the Attorney General for England and Wales under section 112(1) of the Government of Wales Act 2006 in relation to whether certain provisions of the first legislation passed by the National Assembly for Wales (the Local Government Byelaws (Wales) Bill 2012) were within the legislative competence of the National Assembly.
  • Boots UK Limited: Defending claim of significant damages for dilapidations. The principles of s.18 were engaged to reduce the value of the claim significantly and result in a very favourable outcome.
  • Advised Principality Building Society: to forfeit the Lease of premises on the basis of arrears of rent. The lease was forfeited in accordance with the lease and a schedule of dilapidations was served. The Principality agreed a favourable settlement with the ex-tenant in respect of dilapidations and no application for relief from forfeiture was made.
  • Successfully defended Dwr Cymru/Welsh Water: Barratt Homes Limited (“BHL”) sued Dwr Cymru/Welsh Water (“DCC”) for alleged losses. The claim arose from DCC's decision to refuse connection to its public sewer at BHL’s preferred point of connection following service of a notice under s.106 of the Water Industry Act 1991 (“the 1991 Act”). The Court of Appeal concluded that it was not the policy of the 1991 Act to confer a right to compensation for breach of s.106.
  • Advising the Welsh Government: in securing the exit from various leases as part of its estate rationalisation programme. We have also acted for other occupiers of leasehold premises in achieving successful breaks from their leases.
    Advising Newydd: on a four party dispute arising out of a Design and Build contract for residential development. This has involved an Appeal to the County Court of a Party Wall Award.
  • Advised Chevron Texaco: A number of issues arose from Chevron’s occupation of a substantial office building (“the premises”) on Wigmore Street, London under various headleases. Advised in relation to the head landlord’s termination of Chevron’s tenancy under s.25 of the Landlord & Tenant Act 1954 based on ground (f) of s.30(1) of the 1954 Act.
  • Successfully defended a claim: brought against Dwr Cymru/Welsh Water for damages for internal flooding. The claim was brought against Dwr Cymru in its capacity as the statutory sewerage undertaker pursuant to the Water Industry Act 1991. The Claim settled at court and prior to trial with the claimant withdrawing his claim.
  • Advised Boots: on a number of service charge disputes including one arising from a long lease of one of their concerning a large stores. Freehold title to part of the store is owned by Boots with the remainder occupied pursuant to a Lease. We advised concerning the interpretation of the lease and in respect of various overpayments that had been made over a number of years.
  • Advised Celsa Manufacturing (UK) Limited: relating to premises at Tremorfa Steel Works and Castle Works Cardiff. Celsa appealed the South Wales Valuation Tribunal’s decision to dismiss its appeal relating to the compiled List entries for the two properties which had assessments of £1,250,000 and £915,000 respectively.
  • Celestia Management Company Limited: Instructed in relation to a number of issues that have arisen with regard to the construction including collapsed render, pathway flooding and parking spaces and also in relation to leasing of the 457 apartments at the Celestia Development generally.

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