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My Cases

I thought it might be helpful if I gave a brief summary of some of the cases that I have been involved with recently. If you're considering instructing me then this page will give you a flavour of the wide variety of cases in which I accept instructions.

This page is a work in progress and I'll continue to update it as time goes on.

CIVIL AND COMMERCIAL

Company - Share Purchase Agreement Dispute

I advised my client regarding allegations of breaches of warranties given within a share purchase agreement.

Debt - Advice and Drafting Particulars of Claim

 

I drafted Particulars of Claim to seek repayment of a debt arising out of a longstanding commercial relationship between a bank and an art dealer.  

Contract - Shareholder Dispute

I advised clients regarding a promise to transfer shares in exchange for services rendered. The shares were never transferred and the director who promised the shares then dispensed with the clients' services, thus leaving them with substantial losses. I drafted a robust letter before claim, and the outcome was a substantial payment to my clients to reflect the services they provided.

Neighbour Dispute - Nuisance Tree

I represented the Defendant in a neighbour dispute where a tree trunk had encroached over the boundary fence and damaged it, whilst the roots had crossed the boundary and caused damage to a patio. After liability was sensibly admitted by the Defendant, I was successful in reducing the sum awarded from the £10,000 claimed to a little over £2,000. 

Contract - Property Development - Breach of Oral Agreement 

I advised on the merits and practical steps in pursuing enforcement of an oral agreement to step back from a property development and forgo the ongoing fees for development in return for a percentage of future sale value of the development. This included advice on partnership law.

Contract - Clawback Fees

I advised and drafted a defence in relation to entitlement to recover clawback fees under a service contract. 

 

Contract - Breach of contract/implied term to deal in good faith

I advised on a potential £3milllion claim by a contractor when work under a service agreement failed to materialise. It was appropriate in this case to consider whether a term to deal in good faith could be implied, despite the fact that it is uncommon for such a term to be implied at law.

  

Rent Arrears, Dilapidations, and Housing Disrepair

I represented the landlord at a one-day trial where she sought to recover substantial rent arrears and damages for end-of-tenancy dilapidations. In turn the defendant counterclaimed for damages due to disrepair. I was successful in recovering a significant proportion of the arrears together with damages for the end-of-tenancy damage, and I minimised the sums awarded to the Defendant on the counterclaim.

Appeal - Relief from Sanctions

I represented the respondent at the appeal before a circuit judge in order to maintain relief from sanctions I obtained at an earlier hearing. My conduct of the case led to the legal executive in charge of the case providing this testimonial:

"Gareth is beyond amazing. I was assisting a law firm with an issue, requiring relief from sanction on a matter and I needed counsel. Gareth was recommended to me by Clerksroom. I’d never worked with Gareth before but it didn’t take long to instill confidence in me. I would have no hesitation in instructing Gareth again, if anything, I would actively seek him out as a preference."

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