Neil has provided comprehensive advice on SWAPs mis-selling to a number of corporate clients, leading to successful claims against various banks.

He recently represented a group of Iranian customers who brought claims for race discrimination against high street banks. He represents banks and customers in loan disputes and recovery claims.

A significant part of Neil’s practice involves applications for pre-emptive injunctions in fraud cases (freezing and search orders, restraining breaches of fiduciary duty, misuse of confidential information etc). Neil has a recognised ability to identify the crucial evidence, and advise accordingly. He is acknowledged as an effective cross-examiner of difficult witnesses, building on thorough trial preparation.
 

Significant Reported Cases

Ticket2Final OU v Wigan Athletic AFC  [2015] EWHC 61b (Ch) LTL 2/2/2015. Successfully defended allegations of fraud in connection with a commercial sponsorship deal.

Ececo Ltd v Eco Installer Funding & others [2015] (Merc.) Obtained freezing injunctions for an installer of home insulation which had been conned into “banking its carbon” under the Green Deal / ECO scheme with a sham company.

Anthony McGill v SEM Group  & others [2014] EWHC 3000 (QB) (Merc.) Successfully defended a football club, executives and senior coaching staff against a football agent’s claim that he had been fraudulently ‘cut out’ of a transfer agreement.

Kammac plc v Hancox [2013] (Ch), successfully defended a former factory manager against claims of fraud and theft

UECL & Birwelco Ltd v Hirst & Guest (2013) successfully resisted a claim for £2M damages for deceit and fraudulent misrepresentation arising out of a share sale agreement, raising complex contractual, commercial and engineering issues.

CVS v Cooper [2013], successfully defended claim to set aside a prior compromise allegedly obtained by fraud

Shaw v API Group plc and Ferguson  LTL 11/6/2008 (Merc.) Successfully defended the company against various claims claim including fraudulent misrepresentation  by the unsuccessful bidder for the purchase of a subsidiary company

DDT Trucks of North America Ltd v DDT Holdings Ltd (2007) Arbitration under AAA rules, defending allegations of fraudulent termination of an exclusive supply agreement

Neil is widely recognised as a leading junior for business disputes in the North West. As comments in the professional guides testify he is recognised for his ability to focus on the central issues, and to explain them to clients. He appears regularly in the specialist courts on interim applications and substantial trials, where he is recognised as a very effective cross-examiner.

Significant Reported Cases

Currie v Brooks [2015] (Merc.) Successful claim for damages for breach of a non-circumvention and confidentiality agreement by a property developer; issues of interpretation and application of the contract.

Hanlon v Rayson and Quadrant Holdings Ltd  [2015] (Ch) Successfully represented an investor recovering a loan from a borrower who had already repaid the company which acted as intermediary; issues of agency and the without prejudice rule.

R (May) v CIMA [2013] EWHC 1574 (Admin), successful application to quash finding of professional misconduct arising out of a charge of misuse of confidential information. Led by Richard Clayton QC. We demonstrated that the information in question was not “confidential” contrary to the views of the disciplinary tribunal, and to the approach adopted by the client’s previous advisors.

Smile Better Ltd v Travis Perkins [2012] (Merc), successful claim for breach of a series of marketing contracts

Waste Tec v H.W. Martin Waste Ltd [2012] EWCA Civ 859, successful claim and appeal on behalf of waste management licensees; issues of construction of the contract

Sayce v TNT [2011] EWCA Civ 1583, unsuccessful attempt to persuade CA to grant permission to appeal Copley v Lawn credit hire decision to SC, on issue of mitigation  of damages

Meridian Business Support v Jared and Kennedy [2010] (Merc), successful claim to enforce post-termination employment covenants, raising issues of enforceability

Pirtek (UK) Ltd v Joinplace Ltd [2010] EWHC 1641 (Ch), successful claim against former franchisees, raising issues of enforceability

Neil’s expertise and experience in civil fraud and commercial disputes mean that he is well-placed to advise and represent both IPs, directors and other in contentious insolvency claims, particularly involving ROT, recovery of assets, breaches of duty and fraud.
 

Significant Reported Cases

Powerhouse Golf Ltd Neil acted for administrators appointed by Sports Direct on an urgent application for an injunction to prevent the directors of Direct Golf Ltd from interfering with the administrator’s functions.

Portland Commercial Bodies Ltd acted for the directors who were sued by the liquidator for £500k in connection with a share buy back and alleged financial assistance

Currie v Brooks [2015] (Merc.) (see above). One issue at trial concerned the effect of the claimant’s bankruptcy on the claim, whether the claim became part of his bankruptcy estate, and the effect on a partnership.

Templeton Insurance Ltd v Brunswick & Booth [2012] EWHC 3319 (Ch), successfully defended personal claim against trustee in bankruptcy who had received tainted funds.

Neil has represented a number of football clubs in a variety of commercial disputes. He acted for a rugby league player caught up in a contract dispute between Leeds Rhinos and Bradford Bulls, and currently represents a group of former Spanish and Argentinian PL players in a large film scheme claim. Neil has chaired the AGM of the British Wrestling Association and is the current chair of the BWA Selection Appeals Committee.

Significant Reported Cases

Ticket2Final OU v Wigan Athletic AFC  [2015] EWHC 61b (Ch) LTL 2/2/2015. Successfully defended the club against allegations of fraud in connection with a commercial sponsorship deal.

Anthony McGill v SEM Group, Bolton Wanderers  & others [2014] EWHC 3000 (QB) (Merc.) Successfully defended the club, executives and senior coaching staff against a football agent’s claim that he had been fraudulently ‘cut out’ of a transfer agreement.

Henning Berg v Blackburn Rovers [2013] EWHC 1070 Ch, unsuccessful attempt to withdraw admission of liability for manager’s severance pay made by the club’s managing director without authority of club owners – praised by judge for brave attempt to argue the impossible.

Chief Constable of Greater Manchester Police v Wigan Athletic AFC [2009] 1 WLR 1580 (CA), defining rights of police to charge for policing football matches.