Helen Gardiner | Manchester, Leeds & Birmingham

Helen is regularly instructed in high-value commercial matters, particularly:

•  breach of warranty claims;
•  guarantees;
•  shareholder disputes, including unfair prejudice petitions;
•  matters pertaining to employment, such as breach of directors’ duties, restraint of trade, breach of restrictive covenants and/or confidentiality and database rights;
•  actions concerning banking and securities, including actions on behalf of mortgagees to obtain possession and sale of properties, recovery of assets held pursuant to finance agreements, allegations of fraudulently executed securities, subrogation, and undue influence.

Helen has a particular interest in matters concerning the lease, hire and sale of goods, together with ancillary claims such as conversion.

She regularly acts in equine cases, particularly involving title to horses, and purchase and sale disputes (especially with emphasis on the application of the Consumer Rights Act 2015).

Legal 500 (2021) : ‘I am always impressed with the way in which Helen can marshal the relevant facts and communicate her advice in an accessible manner. Helen is brilliant with clients and can instantly build up a rapport which puts the client at ease.’

Helen is experienced in a host of matters relating to company law, including:

• unfair prejudice petitions;
• springboard injunctions;
• database rights;
• breach of directors’ and fiduciary duties;
• matters concerning breach of restrictive covenants and/or confidentiality;
• restructuring, such as TUPE, solvent and insolvent liquidations and administrations.

She is particularly well-equipped to advise employers in cases where business decisions have wider ramifications for employees, such as in relation to the transfer of undertakings, outsourcing, and redundancy situations.

Legal 500 (2021): ‘Helen is always prompt in returning instructions and the quality of the written work produced is excellent.’

Helen regularly appears in the Employment Tribunal representing both claimants and respondents. She has significant experience in cases involving unfair dismissal, disability, race and sex discrimination, whistleblowing and TUPE and often appears in lengthy tribunal hearings. She also represents clients at judicial mediations.

Helen’s employment practice is complemented by her knowledge of commercial law, meaning she is well placed to advise businesses facing restructures or insolvency situations in relation to their obligations and liabilities as employers.

Helen is popular with clients and solicitors, thanks not only to her sound advice and skillful advocacy, but also her ability to put clients at ease very quickly.

Significant Reported Cases

Successfully representing a pharmacist dismissed for gross misconduct following his failure to notify his employer of malicious allegations made against him to his regulatory body.

• Representing a city council against a claim by a former employee for various forms of race and disability discrimination, harassment and victimization. All allegations were dismissed following a 10 day hearing.
• Representing a servicewoman in her claim against the Ministry of Defence for disability and sex discrimination.
• Successfully arguing that a company was responsible for the actions of its shareholder who had made comments which were allegedly discriminatory on grounds of religious belief. The comments were disclosed by an anonymous third party, in circumstances which were alleged by the Respondent to be illegal. Following lengthy submissions, the comments were found to be admissible.
• Advising a golf club on TUPE and redundancy following a change to the management structure of the club.
• Having stuck out the claims brought by a carer against an elderly woman for failure to pay minimum wage and holiday pay, disability discrimination and unfair dismissal.

Legal 500 (2021): ‘She is a strong advocate, quick thinking and yet incredibly personable, especially with clients.’ 

Helen’s practice incorporates all aspects of insolvency and restructuring litigation, with particular emphasis on:

• solvent and insolvent liquidations;
• winding up on the just and equitable ground;
• administration orders;
• transactions at an undervalue;
• misfeasance;
• preference;
• orders for sale of property by the liquidator;
• bankruptcy; and
• annulment applications.

Legal 500 (2021): ‘Helen is always prompt in returning instructions and the quality of the written work produced is excellent.’

Helen has a wealth of experience in dealing with matters concerning the Mobile Homes Act 1983 on behalf of site owners and residents, including:

• termination of Mobile Homes Act agreements;
• possession of pitches;
• recovery of pitch fees;
• site owners’ rights and responsibilities under the Torts (Interference with Goods Act) 1977; and
• challenges to utility charges.

Helen is regularly instructed to deal with possession actions and orders for sale, including applications for stays of execution. She is experienced in matters relating to securities, including challenges to the actions of receivers, actions on behalf of mortgagees to obtain possession and sale of properties, recovery of assets held pursuant to finance agreements, allegations of fraudulently executed securities, subrogation, and undue influence.

She also advises and acts in cases involving nuisance, Rylands v Fletcher, trespass to property, and boundary disputes.