Matthew Gillett

Matthew advises and represents clients at all stages of litigation from pre-action through to costs and enforcement. He is welcomes instructions in the following areas:

• Contract claims;
• Shareholder disputes;
• Companies Act matters;
• Consumer protection; and
• Costs.

Examples of Recent Work

• Matthew has recently successfully represented a large national supplier of minibuses in a contractual dispute concerning the interpretation and implication of terms arising from damage to the hired vehicles being discovered when the leases ended.
• Matthew has acted for a large bank in a case concerning the alleged securitisation and assignment of a portfolio of mortgage accounts.
• Matthew has recently advised a pet food distributor in respect of the labelling requirements under EU and domestic consumer protection law.
• He successfully acted for a fuel station in defence to a claim alleging fuel contamination.

Matthew is regularly instructed in bankruptcy and insolvency matters and welcomes instructions from creditors and debtors alike to attend hearings and to draft paperwork. Matthew often appears in the Winding Up List in the Companies Court, representing either creditors or debtors. Matthew has also drafted and attended applications for Validation Orders and to rectify the Register of Companies.

Matthew was interviewed in an episode of Radio 4’s ‘Law in Action’ broadcast on 25th June 2019 which discussed insolvency in a commercial context. The interview can be found here.

Matthew is also experienced in hearings in the County Court to secure charging orders and obtain orders for sale.

Examples of recent insolvency work

• Matthew has successfully obtained a reduction in the fees charged by the Trustee in Bankruptcy for a client who contended that the fees charged were excessive, pursuant to what is now Rule 10.134 of the Insolvency Rules 2016.
• Matthew has assisted in the restoration and winding up of a company in order that previously unknown assets could be distributed.
• Matthew volunteers for the City Law School’s Company Insolvency (CO:IN) scheme to provide free advice and representation to companies at the Winding Up Court. As the scheme assists litigants in person on the day of the winding up hearing, Matthew has become accustomed to providing practical and commercial advice quickly and effectively.

Matthew welcomes instructions across the full spectrum of property matters. He accepts landlord and tenant instructions relating to tenancies under the Housing Acts, TOLATA, service charges, break clauses, and forfeiture cases. Matthew also has experience in respect of mortgage arrears and possession matters and further welcomes work in the areas of nuisance, covenants, easements and boundary disputes. Matthew has experience of obtaining (and resisting) injunctive relief and understands the need for quick and practical advice as well as concise and robust advocacy.

Examples of Recent Work

• Matthew has recently advised an intermediary landlord of its options in respect of its tenant’s breaches of the lease which put the landlord in breach of the superior lease under the 1954 Act.
• He has also acted in a significant number of possession actions for residential property matters on behalf of both landlords and tenants.
• Matthew has experience in dilapidation and disrepair claims alleged against both landlords and tenants.
• He has successfully obtained judgments against tenants for their failure to pay ground rent and service charges in managed apartment blocks.

Matthew welcomes instructions in all areas of construction law, particularly adjudications.

Matthew has presented Chambers’ ‘Nuts and Bolts: Introduction to Construction Law’ workshop as well as further talks on ‘Smash and Grab’ adjudications.

Matthew is regularly instructed in negligence and other tort claims. He is experienced in personal injury, clinical negligence and employer’s liability cases on the small, fast and multi tracks, providing advice, drafting and representation at all stages of litigation.

Matthew is experienced in running mitigation, loss of profit and quantification arguments in respect of credit hire agreements entered into by car hire companies and/or taxi drivers. He did so successfully in the reported decisions of Sixt v Kelly and Conway v UK Insurance.

He has recently successfully defended the NHS in multi-track claim brought under occupier’s liability and employer’s liability.

As a ‘Junior Junior’ for the Government Legal Department, assisting the Ministry of Justice’s private law teams, Matthew played a significant role in preparing and drafting the evidence in the case of Razumas v Ministry of Justice [2018] EWHC 215 (QB) which is a significant authority in relation to non-delegable duty and fundamental dishonesty.

Matthew welcomes advocacy and advisory instructions from solicitors and airlines alike and has particular experience in the following areas:

• Carriage by air disputes involving EU regulations, Warsaw and Montreal Conventions and associated passenger, cargo, baggage and delay claims;
• Denied boarding claims; and
• Negligence claims, including personal injury, in an aviation and employment context.