Business & Commercial Law
Christopher has a commercial practice that encompasses the whole spectrum of business and commercial disputes, with a particular emphasis on insolvency, and disputes with banks and other financial institutions. He regularly advises and represents businesses in both the county and high court, and also has experience of alternative dispute resolution.
Christopher has experience of a wide range of commercial disputes, including claims relating to:
- Consumer credit agreements
- Construction of contracts
- Debt recovery
- Guarantees and Indemnities
- Sale of goods and supply of services
Recent and Ongoing Cases
- Advising and drafting in respect of enforcement of a legal charge given by a third party guarantor to a company’s debts. Issues of interpretation of the charge and knowledge of the guarantor.
- Advising and drafting in respect of a High Court claim arising out of loans to a property development company by a private bank. Issues of economic duress and conduct by the bank.
- Advising and drafting in respect of a claim by a professional indemnity insurer against a solicitor for failure to notify. Issues of interpretation of the insurance documents and limitation.
- Representing creditor in personal loan recovery action. Whether payments were loan or gift. Incapacity of Defendant and its effect on evidence and conduct of trial. Subsequent order for sale again raising issues of capacity.
- Representing taxpayer in business rates dispute. Whether landlord or tenant was in occupation of rented property.
- Representing guarantors under claim for monies due under a personal guarantee arising from hire purchase and hire contracts. Penalty clauses and automatic termination. Interpretation of damages clause in agreements.
Insolvency and Bankruptcy
Christopher has appeared in numerous matters relating to personal and corporate insolvency, including:
- Winding-up petitions, including creditors’ petitions and petitions on the just and equitable ground
- Bankruptcy petitions
- Applications to set aside statutory demands
- Acting for insolvency professionals during the course of bankruptcies and company insolvencies
Christopher has advised and acted in relation to numerous business disputes, including partnership and shareholder disputes. He has particular experience in relation to actions in the Companies Court, including unfair prejudice petitions and petitions to wind up companies on the just and equitable ground.
Christopher has particular expertise in claims relating to the mis-selling of Interest Rate Hedging Products (‘IRHPs’) such as swaps and collars. He has advised and drafted proceedings in numerous High Court cases relating to them including claims relating to:
- Breach of Statutory Duty, including breaches of COB and COBS
- Negligent advice, negligent misstatement and failure to explain fully and adequately (the Crestsign duty)
- Economic Duress
- Tailored Business Loans
- Submissions to the FCA Review of Interest Rate Hedging Products
- Advice on challenging decisions under the FCA Review through judicial review (Holmcroft Properties) or a claim for tort/breach of statutory duty (Suremime)
- Solicitors’ negligence arising from the mishandling of such claims
Recent and Ongoing Cases
- Dozens of claims relating to the mis-selling of IRHPs and claims under the, and arising from, the FCA redress scheme.
- Advising in respect of solicitors’ negligence in failing to issue by limitation date. Issues of legal and equitable assignment of cause of action.
- Advising in respect of solicitors’ negligence in failing to issue against financial advisor rather than mortgage company in respect of mortgage mis-selling claim.
- Advising in respect of limitation in relation to a bank’s failure to carry out an annual review of interest rates in a fixed term mortgage.