Alison is secretary to Nina Rajani in the Commercial Property department of our London office
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Paul is a Trainee Solicitor working within the Company and Commercial team at our in London. Paul assists in the management of his team’s work and enjoys helping clients to achieve the best possible outcome. He studied Law at the University of York and enjoys sport and travelling.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Paul Martin
Partner
Business
Charity
Chinese Investment
International
Legal services for Chinese clients
020 7481 6381 Email PaulPartner - Commercial & Charity Law
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Teresa Johnston
Solicitor
Construction Dispute Resolution
Corporate Litigation & Dispute Resolution
020 8464 4242 Email TeresaTeresa works out of our Bromley and London offices. She was admitted as a solicitor in 2004 and started her career at a defendant insurance litigation firm in London where she was made a Partner, dealing predominantly with high value claimant commercial litigation work.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Senior Solicitor - Commercial Property
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Nina specialises in employment law. She qualified in 2007 and advises clients on a broad range of contentious and non-contentious matters
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Neil Sandy
Chief Executive Officer
International
Investment and Capital Raising
Investment Structuring and Capital Raising
020 7481 2422 Email NeilNeil Sandy joined Wellers as CEO in 2016, having known the practice partners and been a client of the firm for a number of years.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
James Manning
Senior Solicitor
Corporate Litigation & Dispute Resolution
Personal Litigation & Dispute Resolution
02074816399 Email JamesJames was admitted as a Chartered Legal Executive in 2007 and as a Solicitor in 2018. He works out of our London and Kent offices. Prior to joining Wellers Law Group, he was an Associate Director at a Local Authority ABS law firm, a Senior Associate at a Legal 500 rated commercial law firm and a Large Loss Partner at a national insurance law firm. He has also been seconded to several major UK and global insurers, the Financial Services Compensation Scheme, John Lewis Partnership and two London Councils.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Secretary to Jennifer O'Brien in our London City office.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
Kate was admitted as a solicitor in Canada in 2017 and has over four years’ experience advising charities and social sector clients on a wide range of legal matters including in relation to establishment and incorporation, governance practices, fundraising, mergers, restructures, regulation, and compliance.
Before joining Wellers, Kate worked as a lawyer in a top-tier charity practice in Sydney, Australia where she advised a number of household name charities on various aspects of their operations.
Kate is the co-author of the ‘Community Organisations’ chapter of The Law Handbook: Your practical Guide of the law in NSW (15th ed).
In her spare time Kate enjoys yoga, spinning classes and travelling.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Insolvency
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Motor
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
Notable Cases
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd [2014] EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.
Nina advises clients in a variety of sectors. She primarily advises individuals in non-contentious matters (for example advising on Executive Service Agreements and Settlement Agreements including in connection with high level negotiated exits) and a number of contentious matters (for example contractual disputes, unfair dismissals, TUPE matters, and discrimination claims).
She also assists SME clients with day-to-day HR queries, dealing with business-wide projects such as restructuring, redundancies and advising on contractual issues such as bonus arrangements and restrictive covenants. She also regularly advises on settlement negotiations.
Teresa has acquired the appropriate expertise to handle complex, high value, domestic and multi-jurisdictional litigation. She has also acted for a number of conglomerates, construction companies, small businesses and entrepreneurs. If disputes cannot be resolved, she provides advice upon methods of dispute resolution to include, litigation, adjudication and mediation.
Her specialist areas include:-
- Contractual disputes
- Multi-party actions in the High Court
- Contentious Construction: Adjudications, Mediations
- Enforcement of Adjudicator’s Decision in the TCC
- Professional negligence
- Judicial Reviews
- Property Litigation, Landlord & Tenant
- Planning Enquiries
- Intellectual Property, Trade Mark/Copyright
- Partnership Disputes
- Debt Recovery/Insolvency
- Civil, fraud and asset recovery/tracing
- Injunctive proceedings
- Contentious Probate
Advocacy in County Courts, interim applications at the High Court, Queen’s Bench, Commercial Court, Technology & Construction Court, Administration Court and Chancery Division.
Memberships
- Society of Construction Law
- TeCSA
- Adjudication Society
- Professional Negligence Lawyers Association
Notable Cases
Contentious Construction Law
- Numerous Adjudications relating to breach of contract, termination of contract, professional negligence, interim payments, delay and disruption, extension of time for completion of the works, defects and final account.
- Acted for a US/UK security protection and fire conglomerate, in relation to a multi-party claim issued in the Technology and Construction Court following a fire at a retail distribution centre at Magna Park, Leicestershire. Three claims were consolidated claiming losses in excess of £140m. Teresa was the lead Partner with a team of five fee The claim successfully concluded prior to a four-week trial, following a second mediation at CEDR.
- Acted for the Claimant for breach of contract of a Software Development Agreement. The Claimant retained the Defendant to develop an E-commerce website. The Claimant sought damages in excess of £9m.
- Acted for three Claimants for misrepresentation and breach of contract in relation to a Sale Agreement entered into with the Defendant who was a housing association. The Claimants’ land was situated within proximity of the Olympic Village, Stratford. Following the Olympics, the land would be used as a residential The claim was issued in the High Court in the sum of £20m.
- Wakil (t/a Orya Textiles) v Hammersmith & Fulham LBC, 2013 WL 5336550 (2013), the Public Local Inquiry into the London Borough of Hammersmith & Fulham (Shepherds Bush Market Area) Compulsory Purchase Order 2013 & Challenge against the Secretary of State’s Decision to proceed with the CPO despite the Inspector’s Decision
Two reported Judicial Reviews and a two-week Public Planning Inquiry relating to the Shepherd’s Bush Market Compulsory Purchase Order 2013, where several Objectors, the Goldhawk Road Traders. It was held by the Planning Inspector that the CPO Order should not be confirmed. The Inspector found that the guarantees and safeguards were not sufficiently robust to ensure that genuine opportunities existed for the current shopkeepers to continue trading in Goldhawk Road.
- Acting for a construction client regarding a Worldwide Freezing Injunction issued against him by his former business partner.
Commercial Litigation
- Turner v Jacob, 2006 WL 1635020 (2006)
A contentious Probate claim heard over a period of two weeks in the High Court, Chancery Division, relating to an Order for Possession. The Defendant issued a counterclaim and claimed that she was either beneficially entitled to the property under a constructive trust or that the property should be conveyed to her under the doctrine of proprietary estoppel. Teresa acted for the Claimant whose claim was successful. She was also instructed to enforce the Judgment, where assets were traced to the Republic of Panama.
- Bakhtiar v Keoshgerian, 2003 WL 23014946 (2003)
Acted for the Claimant in a claim against a firm of solicitors relating to the illegal transfer of Cartier jewels. The retail valuation of the three jewels taken together was said by Cartier’s expert to be worth £3m. After a five-day trial, Judgment was entered against the Second Defendant, a law firm that was vicariously liable for the acts of its employee solicitor.
- Jaffar v Governor of Brixton Prison, 2003 WL 22826882 (2003)
Acted for the Applicant in an Application for a Writ of Habeas Corpus. The Claimant challenged the Order of the Bow Street Magistrates’ Court that he be committed to await the decision of the Secretary of State for the Home Department, regarding his extradition on five charges of conspiracy to defraud alleged to have been committed between 1987 and 1992, when the Applicant was an officer of Grupo Torras SA owned by the Kuwait Investment Office.
- Beiersdorf AG v Ramlort Ltd, 2004 WL 229258 (2004)
This was an Application by the Claimants for Summary Judgment in respect of infringement of its trademark. The Claimant manufactured and sold a range of products under the trademark Nivea. The Defendant wished to relabel and sell in the UK. These items were out-of-date stock and sent for destruction by the Claimant. Teresa acted for the Second Defendant at the Summary Judgment hearing where the Claimant’s claim was unsuccessful, as there was an arguable defence.
- Union Bank (UK) Plc v Pathak, 2006 WL 2402837 (2006)
Teresa acted for the Appellant Bank who appealed against a decision of the Registrar in the Companies Court to set aside a Statutory Demand. The Respondent Debtor was the Director of a company, which had obtained a Letter of Credit from the Bank. The Respondent Debtor applied to set aside the demand under the Insolvency Rules 1986 r.6.5(4)(a) ,(b) and (d) which at first instance was successful. The Bank’s Appeal at the House of Lords was allowed.
- Teresa has acted on behalf of a number of Claimants in bringing professional negligence claims against solicitors, accountants, architects, engineers and designers.
- Acted for a leading worldwide manufacturer of electronic computer goods in relation to the seizure of counterfeit goods at UK airports. Preparing Letter of Claim, In the absence of an Undertaking, Injunctive proceedings were issued against the Defendant in the High
- Judicial Review proceedings against a Local Authority relating to a planning decision, which resulted in the removal of the client’s advertising hoarding. An Interlocutory Injunction was obtained as a protective measure, whilst the Judicial Review claim was heard in the Administration Court. The client would have been subject to a claim for breach of contract and significant
- Teresa has acted for both Claimants and Defendants in Civil Fraud relating to breaches of the Bribery Act and VAT Carousel Fraud where injunctive proceedings were issued to include Worldwide Freezing Injunctions.
- Teresa has acted for a number of clients in relation to a Partnership disputes. An example included Partners at a firm of solicitors where a dispute arose as to their respective financial entitlements arising out of the dissolution of the
- Teresa was formerly on the Solicitors Panel of the British Railways Board and under took all their property litigation matters.
Teresa also assisted with the working draft of a Jordans publication entitled: Local Authority Liability (1st Edition).
Her aim is to ensure that capital invested in sustainable businesses globally facilitates the transformation of lives and communities. She has provided consultancy services to a number of clients including Investment Advisory for Wellers Impact, preparing and implementing a client expansion strategy for GivingWorks, interim COO for Alquity Transforming Lives Foundation among others. Prior to focussing on impactful projects, Roopal spent a decade at Citibank in Credit Risk, Structuring, Sales and Trading Positions in London and Sydney.
Roopal holds a First Class BSc (Hons) in Computer and Management Sciences from the University of Warwick and is currently based in London.
Having qualified in 2017, Aarti has developed a wealth of knowledge and specialises in the preparation of wills and succession planning, lasting powers of attorney, trusts and probate work including contentious probate. Aarti also specialises in estate administration where there is a cross-border element, having previously successfully completed the re-sealing of a Malaysian Grant of Probate and a Dutch Grant of Probate.
In her spare time, Aarti is an ‘Access to Practice’ Mentor through BPP Law School, mentoring current law school students. As well as this she enjoys spending time with family and friends.
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