Colin’s commercial work includes contractual and carriage disputes, insolvency and commercial debt recovery and partnership and shareholder disagreements. In addition to contentious work he enjoys drafting of commercial agreements and other platforms designed to avoid dispute. He is also an accomplished practitioner in the field of mediation and other forms of ADR. He is skilled at obtaining settlement on terms better than solicitor or client had expected.
Related cases of interest
Karagozlu v Commissioner of Police of the Metropolis [2006] EWCA Civ 1691, Lawtel 12.12 — Loss of liberty (or existing residual liberty) of a serving prisoner gives rise to general damage hence a claim for misfeasance causing that loss will lie even in the absence of special damage.
Kooltrade v XTS [2001] ADRLR 07/11 — Threat of proceedings for breach of IP rights is not actionable if made in “without prejudice” negotiations but the claim to privilege must be sustainable
Mullen v Conoco [1997] 3 WLR 1032 — Application of the principle of res judicata in cases where there has been a default judgement.
Lazenby & Co v McNicholas Construction Co Ltd [1995] 1 WLR 615 — Discretion to strike out for want of prosecution in commercial arbitration under section 13A of the Act is confined by rule in Birkett v James.