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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.

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

Civil and Commercial

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Company - Share Purchase Agreement Dispute

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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.  

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Contract - Shareholder Dispute

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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.

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Neighbour Dispute - Nuisance Tree

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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. 

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Contract - Property Development - Breach of Oral Agreement 

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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.

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Contract - Clawback Fees

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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

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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

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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.

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Appeal - Relief from Sanctions

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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."

Family

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Private Children - Final Hearing - Challenge of Cafcass Officer - No Contact

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I represented the Respondent at a final hearing on a direct access basis. I successfully persuaded magistrates that the Cafcass officer was recommending taking an inappropriate risk with a 13-year-old child in ordering that he should have indirect contact with his estranged father against his wishes. The child had a history of anxiety and mental health concerns linked directly to his father's behaviour. The court accepted that it was improper to risk a significant set back for the child and so ordered that there should be no contact at all. 

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Private Children - Finding-of-fact, Domestic Violence - Restoration of Contact

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I represented the Applicant in a two-day finding-of-fact hearing. Despite his admission that he had used words capable of being extremely threatening, the court found that they did not cause fear in the Respondet and there was accordingly no reason why direct contact should not begin immediately after an 18-month gap. 

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Private Children - Finding-of-fact, Domestic Violence

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I represented the Respondent in a two-day finding-of-fact hearing where allegations were of domestic violence and drug abuse. Significant cross-examination of the Applicant was required in order to prove that a single conviction for common assault was based upon facts that were far more serious and had placed the Respondent in significant danger. Significant findings were made, with referral for Children's Services to re-visit their conclusions that no risk was posed by the Applicant.

 

Financial Remedies - Maintenance Pending Suit

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I successfully resisted an application for maintenance pending suit in a case where it was clear that the assets and income of my client could not possibly meet even a modest sum for maintenance.

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Non-molestation order - Final order, plus costs

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Successfully obtained a non-molestation order following a relationship of only a few months which escalated to domestic violence and coercive conduct very quickly. It was particularly important to my client because the two parties worked in the same team at the same place of work. Cross-examination of the Respondent exposed his abusive attitude and behaviour towards women (and my client in particular), and a final order was granted. Exceptionally, the court accepted my submission that the Respondent should pay my client's costs of the hearing.  

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Private Children - Final Hearing, opposition to shared care

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I represented the Respondent across several hearings where the Applicant sought to justify an order of shared care and residence. The parties had separated many years ago but there remained a very acrimonious relationship between them because of the Applicant's perpetration of domestic violence. I had to persuade the magistrates to allow me to cross-examine the Applicant in order to expose the flaws in both the logic in his approach and his character. In just ten minutes I was able to succeed in both and he refused to answer any more questions. The application was dismissed, and my client thanked me for keeping her family together.

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Private Children - Final Hearing, change of residence

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I represented the Respondent at a hearing where Cafcass had recommended that a shared residence order should be made to place the existing arrangement of weekend contact with the other parent. I cross-examined the Cafcass officer at length to demonstrate both that he had pre-judged matters and failed to keep an open mind, and also that he had reached conclusions which were illogical on the facts.

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