Company & Commercial Law

Contractual Disputes

Samuel Okoronkwo Jr

COUNSEL ADVISES CLIENT ON UNPAID VEHICLE TAX, COMMERCIAL DISPUTE, AND WHISKEY INVESTMENT STRUCTURE

Facts

The client instructed Counsel, Mr. Samuel Okoronkwo Jr, regarding three distinct matters. First, a motoring offence involving unpaid vehicle tax; second, a commercial dispute with Swindon Power Trains over legal costs; and third, the structuring of a whiskey investment venture based in South Africa. In the first matter, the client received a Single Justice Procedure Notice (SJPN) for failing to tax a newly purchased vehicle. The tax was subsequently paid via direct debit. The client expressed concern about acquiring a criminal record. In the second matter, the client had received an offer from Swindon Power Trains to contribute half of the legal fees in an ongoing dispute. The client rejected the offer, asserting that the company should bear the full cost due to the potential for extended litigation. In the third matter, the client and a business partner had invested approximately £1.5 million in whiskey casks and were preparing to formalize a business relationship with a third party, including equity and salary arrangements.

Issues

The motoring offence raised questions about whether a conviction under the SJPN process would result in a criminal record. The commercial dispute required strategic handling of settlement negotiations and potential litigation. The whiskey investment required legal structuring through shareholder and director agreements to formalize roles, responsibilities, and equity distribution.

Advice and Solution

Mr. Okoronkwo advised that the SJPN process typically addresses minor offences and does not automatically result in a criminal record unless the offence is recordable. He recommended pleading guilty with mitigation, explaining the honest mistake and prompt payment of the tax. Regarding Swindon Power Trains, Counsel agreed to issue a final deadline for response and confirmed that proceedings had been drafted and were ready to be filed. The client also confirmed the cost of returning the engine was £97. For the whiskey venture, Counsel advised that both a shareholder’s agreement and a director’s agreement would be necessary to protect the parties’ interests and formalize the business structure. Further advice would be provided following review of the proposed terms.

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