CASE STUDIES

Our barristers possess extensive experience in an array of sectors from Adjudication, Arbitration, Company & Commercial Law and Construction & Engineering Law to Private Client, Property & Planning Law, Public Law and Sports Law. Please see below for examples of our case studies.

CASE STUDIES

Our barristers possess extensive experience in an array of sectors from Adjudication, Arbitration, Company & Commercial Law and Construction & Engineering Law to Private Client, Property & Planning Law, Public Law and Sports Law. Please see below for examples of our case studies.

ADJUDICATION

Benson Construction Limited -v- Royal London Society for the Blind

Advice and representation of an employer against a repudiatory breach of contract claim by the principal contractor following determination of a JCT contract. This case also involved absolving the Quantity Surveyor/Project Manager of a claim of professional negligence liability for issuing the contract determination notices without express authorisation of the employer.

Ceilform Limited -v- Jonathan James Construction Limited

Advice and representation of a specialist trade contractor in a claim for variations and extension of time under a nominated sub-contractor agreement in respect of the development of the prestigious Rosewood London Hotel in Holborn.

May Gurney Construction Limited -v- London Docklands Authority

Advising a principal contractor in connection with substantial construction contract variations and extensions of time claims under a specialist civil engineering contract. Employer and principal contractor resolved to avoid litigation on strength of advice.

Wessex Construction Limited -v- Southern Water Services Limited

Advice and representation of a principal contractor in a claim for delay and disruption; loss and expense and extension of time under a JCT contract.

ARBITRATION 

Allan Hewitt -v- British Parachute Association

Advice and representation in challenging the refusal by the British Parachute Association to the renewal of an instructor’s license in sports arbitration proceedings with Sports Resolutions.

Ceilform Limited -v- Riverside Mouldings Limited

Advice and representation of a specialist trade contractor in connection with a bespoke manufacture and supply agreement engaging the issues of quality control and variation of contracted delivery dates.

CSM -v- Opare

Advice and representation in a claim valued in excess of £1 million by a sports management company against an international professional footballer for breach of contract and loss of earnings. This case involves proceedings in the courts and separate proceedings in sports arbitration under the FA rule K.

Kanu -v- Portsmouth Football Club

Advice and representation in a claim brought by an international footballer for breach of contract against a football club. This case also concerned issues of insolvency, football creditors rule and player image rights.

COMPANY & COMMERCIAL LAW 

Dr. Ronaghyon -v- Whitecross Dental Care Limited

Advising a specialist dental surgeon on issues of ongoing professional indemnity and subsisting corporate undertakings following the management buyout of a dental surgery.

Ilha Brazil Limited – Dooshimas Kitchen, London

Advising a master chef of speciality cuisine on all aspect of the acquisition of prime premises and the launch of a new upmarket restaurant.

Intertransfers Incorporated & Ors -v- Intertransfer Limited & Ors

Advice and representation of the owner of an unregistered trade mark in an intellectual property claim brought by a new entrant to the market with a similar mark. This case involved challenge to application to register a trade mark, trade mark infringement, revocation of a trade mark and passing off.

Optitech Optical Services Limited

Advising a specialist optometrist on the acquisition of an ongoing practice as a going concern including matters relating to the transfer of undertakings and non-compete agreements.

CONSTRUCTION & ENGINEERING

Benson Construction Limited -v- Royal London Society for the Blind

Advice and representation of an employer against a repudiator y breach of contract claim by the principal contractor following determination of a JCT contract.

This case also involved absolving the Quantity Surveyor/Project Manager of a claim of professional negligence liability for issuing the contract determination notices without express authorisation of the employer.

Ceilform Limited -v- Jonathan James Construction Limited

Advice and representation of a specialist trade contractor in a claim for variations and extension of time under a nominated sub-contractor agreement in respect of the development of the prestigious Rosewood London Hotel in Holborn.

Ceilform Limited -v- Riverside Mouldings Limited

Advice and representation of a specialist trade contractor in connection with a bespoke manufacture and supply agreement engaging the issues of quality control and variation of contracted delivery dates.

London Borough of Barnet -v- Mann Construction Limited

Advising a civil engineering and construction principal contractor in respect of the enforcement of a planning notice by a local planning authority regarding structures erected without the benefit of a planning permission.

PRIVATE CLIENT

George Samuel Lyons & Ors -v- Kerr-Robinson

Advice and representation of an Interim Administrator and a dozen beneficiaries in a highly contentious probate case.

In the Estate of Nadya Hartley

Advising the Trustee and beneficiaries in a non-contentious probate case.

Margaret Latham -v- Paul & Terrence Mullins

Advice and representation of a beneficiary in a contentious probate case to recover their just and proper share of the estate.

The Trustees of Mountain of Fire & Miracles Ministries International

Advising the Trustees of a religious charity in relation to their duties generally and in particular under Trusts Of Land And Appointment of Trustees Act 1996.

PROPERTY & PLANNING LAW

Aberfeldy Development, London SE5

Advising a buy-to-let property investor on off-plan acquisition of a residential development property using special purpose vehicles and effective tax-planning methods.

Anyimukwu -v- Crossrail Limited

Advising and representation of property owners adversely impacted by the Crossrail project for compensation under the Crossrail Act 2008.

Argyle Estates Limited

Advising a portfolio commercial property investor in respect of the financing, acquisition, leasing, redevelopment and disposal of commercial properties using special purpose vehicles both on and off shore.

Elixir Group Limited -v- London Borough of Enfield

Advice and representation of a property development company in challenging substantial monetary demands by a local authority in connection with Section 106 of the Town & Country Planning Act 1980 in return for granting a planning permission. Secured a 60% reduction in Section 106 contribution amount demanded by the local authority.

PUBLIC LAW

R (Payne and Cooper) v. Secretary of State for Work and Pensions [2012] 2 WLR 1 Supreme Court:

Test cases concerning the lawfulness of deductions from social security benefits after a Debt Relief Order is obtained

Oxford Diocesan Board of Finance v. Wokingham Borough Council [2013] EWHC 802 (Admin)

Failure of decision-maker to consider guidance and challenge to strategic environmental assessment

R (M and W) v. Hounslow London Borough Council [2013] EWHC 579 (Admin)

Meaning of ‘home’ for the purposes of a local authority’s home to school transport duties

R (Rogerson) v. Secretary of State for Defence [2012] EWHC (Admin)

Meaning of ”relevant change of circumstances” in war pensions legislation

SPORTS LAW

 Akaminko & Eskisehir Football Club

Advice and representation in a multi-million pound renegotiation and renewal of an international footballer’s employment contract plus additional sponsorship and image rights contracts.

Allan Hewitt -v- British Parachute Association

Advice and representation in challenging the refusal by the British Parachute Association to the renewal of an instructor’s license in sports arbitration proceedings with Sports Resolutions.

 CSM -v- Opare

Advice and representation in a claim valued in excess of £1million by a sports management company against an international professional footballer for breach of contract and loss of earnings. This case involves proceedings in the courts and separate proceedings in sports arbitration under the FA rule K.

Kanu -v- Portsmouth Football Club

Advice and representation in a claim brought by an international footballer for breach of contract against a football club. This case also concerned issues of insolvency, football creditors rule and player image rights.

VALUE ADDING APPROACH

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

 

However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

 

Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

MAKE AN ENQUIRY

    We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

    Please prove you are human by selecting the Star.

    MAKE AN ENQUIRY

      We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

      Please prove you are human by selecting the Key.

      VALUE ADDING APPROACH

      Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

       

      However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

       

      Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

      To find out more about how Chambers’ working practices have evolved to cope with Covid-19, please click here.

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