Neil Berragan
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Year of Call: 1982
Commercial litigation, including: Sale and carriage of Goods He is regularly instructed in claims by and against directors and employees in claims involving fraud, breaches of fiduciary duty, post termination covenants and confidential information. He also has also advised and represented numerous solicitors and other professionals in partnership and LLP disputes. Neil appears regularly in the specialist business divisions of the High Court in Manchester, Leeds, Liverpool, Birmingham and Chester (Mercantile, TCC and Chancery), as well as in the High Court in London and the Court of Appeal. Neil has also advised defendants in high level issues arising out of credit hire claims, and appeared in test cases. Neil will accept instructions directly under the public access scheme. He also undertakes pro bono work. Smithv Butler and Contact Holdings Ltd (LTL 2/9/2011) Powers of board to suspend majorityshareholder / chairman. Authority of managing director. Order under s.306 CA2006 for member's meeting to be held against wishes of other directors, and towaive quorum requirement. WesternLogs Ltd and another v Viance Ltd and CSI Wood Protection Ltd (2011) TCC claimfor substantial damages arising out of the supply of wood preservative andinvolving detailed technical evidence. Meridian Business Support v Jared and Kennedy (2010) Enforcement of restrictive covenants against former employees setting up rival recruitment business Hawksford Trustees (Jersey) Ltd v Botterill (2010) Refusal of interim injunction to restrain exercise of "gatekeeper" provision under share sale agreement Pirtek (UK) Ltd v Joinplace Ltd (2010) Enforcement of restrictive covenants against former franchisees raising defences under competition law. Computer Software Group Ltd v Sanderson (2009) Share sale agreement. Indemnity for claims arising out of alleged mis-selling of Microsoft OEM licences. Murray Vernon Holdings Ltd v Hassall (2010) Duties of director selling his shares to company. Liability of co-directors. Chief Constable of Greater Manchester Police v Wigan Athletic AFC plc [2009] 1WLR 1580 Trial and appeal on obligation of football clubs to pay for special policing services under s.25 of the Police Act 1996. Impact of competition law on obligations of police to football clubs. Limits of quantum meruit. Shaw v API Group plc and Ferguson (2010) Claim by unsuccessful bidder for damages arising out of alleged misuse of confidential information and other economic torts in relation to a company sale. Steadman v TNT Express Ltd (2008) Applying the avoidable loss rule in mitigation to credit hire claims. DDT Trucks of North America Ltd v DDT Holdings Ltd (2007) Arbitration under AAA rules, involving issues of corporate identity, fraud and construction of international supply agreement, and an appeal to the Commercial Court. Chattan Developments Ltd v Reigill Civil Engineering Contractors Ltd [2007] EWHC 306 Appeal under s.69 of the Arbitration Act 1996 upholding arbitrator's finding that an agreement to delete clause 24 from JCT80 excluded both LADs and unliquidated damages Promar International Ltd v Clarke [2006] EWCA Civ 332 correct orders for costs following compromise at trial where costs not agreed Salford City Council v Torkington [2004] EWCA Civ 1646 correct approach to the measurement of damages for loss of profit in loss of business claims Re Bhullar Bros Limited [2003] BCC 711, BCLC 241 (CA) fiduciary duties of directors Chambers UK 2012 Chambers UK 2011 Chambers UK 2010 Chambers UK 2009 Chambers UK 2008 Legal 500 2011 Legal 500 2009 Legal 500 2008 Legal 500 2007 Northern Circuit Commercial Bar Association University: Oxford (Pembroke College)
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