Steven Flynn | Manchester, Leeds & Birmingham

COMMERCIAL LITIGATION

Steven’s practice is directed towards business protection. He has particular experience of dealing with issues arising from employment contracts, breach of confidence, partnerships, restrictive covenants, and shareholder rights/obligations. He is regularly instructed by both national and international companies including banks, airlines, construction companies, car manufacturers and those within the financial services industry.  Steven also represents directors, company secretaries, office holders and shareholders, as well as individuals in disputes with corporate bodies and other individuals.  

A summary of recent work can be found below:

 Directors’ Contracts & Duties 

Steven represents directors and companies in matters relating to bonuses; breach of fiduciary duties; claw-backs; misuse of confidential information; removal; and restrictive covenants. Due to Steven’s strong employment law background, he is also regularly instructed to represent both companies and individuals in contractual negotiations.

Examples of recent work include:

• Breach of fiduciary duty – Representing a company in a claim for substantial damages arising where a director had set up in competition whilst still in office.
• Misuse of confidential information - Representing a large insurance broker in a claim against its former CEO who had used its database and pricing formulas to set up in competition.
• Speedy trial – Representing a former director who was alleged to have set up in competition and misused company resources to do so.
• Worldwide Freezing Order – Successfully obtained a WFO against the CFO of a large PLC who had been misappropriating funds for 15-years.
• Representing a company secretary who was alleged to have received high value gifts from a third party as a reward for ensuring a deal was completed.
• Delivery-up – Representing an online property website in a claim against former directors for delivery up of confidential information and data that was essential to the operation of the website.

Restrictive Covenants

Steven has considerable experience in dealing with cases involving the enforcement of restrictive covenants.  He is often instructed to seek/resist injunctions and damages in both the High Court, as well as being instructed to provide advice during mediation. 

Examples of recent work include:

• Obtaining a springboard injunction against a PLC that had unlawfully poached a senior executive.
• Resisting an injunction application on the grounds that the senior executive had a very strong argument that he had been constructively dismissed so as to render void the restrictive covenants contained within his employment contract. 
• Representing a solicitors’ firm in circumstances where an associate who had been made redundant set up in competition and attempted to poach clients.
• Poaching – Obtaining an injunction where a senior employee had been poaching customers prior to the termination of his employment.
• Confidential information – Obtaining an injunction for delivery-up and restricting use the of confidential information.

 Media & Entertainment

Steven also has niche expertise in the media and entertainment sector, regularly instructed by TV personalities and talent agencies to deal with commercial issues arising from appearance contracts, music and endorsement deals, and management agreements.

Shareholder Rights

Steven regularly advises individuals and companies on the rights, roles and duties of shareholders.  This includes both contentious and non-contentious issues such as share sale agreements, minority shareholder’s rights and unfair prejudice petitions.

Examples of recent work include: 

• Share Options – Advising a company whether employee share option entitlements were discretionary or not so as to allow for the accurate valuation of the Company prior to sale.
• Assisting a worldwide chocolate brand to resist an unfair prejudice petition presented by a shareholder who objected to the redesignation of shares and the removal of the right of redemption.
• Representing the owners of a football club in resisting an unfair prejudice petition presented by a fans’ group.
• Representing a CEO of a publicly traded company who alleged that he was the subject of anti-Semitic comments by directors in an attempt to force him to resign and sell his substantial shareholding.

 Partnerships & LLPs

Steven has considerable experience in advising on the establishment and dissolution of partnerships and LLPs.  He is often instructed to advise partners on their legal obligations and, when necessary, to assist them in disputes arising from said partnerships.  Steven is also one of a limited number of practitioners who has experience of representing partners and LLP members in claims alleging discrimination against the partnership.

Examples of recent work include:

• Advising a large medical partnership in circumstances where a group of partners were seeking to oust the CEO.
• Representing a member who was unlawfully expelled from an LLP because of his age.
• Advising as to the division of assets following the dissolution of a partnership.
• Providing guidance to an individual who believed he had entered into partnership with a solicitor only for it to become apparent that the solicitor was prevented from doing so by the Code of Conduct (as in operation at the time).
• Representing a former partner in a dispute over whether she was liable to make payment towards an unfair dismissal award where she had opposed the other partner’s decision to dismiss.

Sale of Goods/Supply of Goods and Services

Steven is regularly instructed by both Claimants and Defendants in actions involving the sale of goods and/or the supply of goods and services.  These cases range from the sale of horses, to disputes relating to the supply and carriage of large quantities of steel to Asia; many of which are in the High Court.  He also has experience in assisting in the recovery of possessions that have been the subject of conversion.

Examples of recent cases include:

• Representing a boxing manager in a claim for £30m against his former client.
• Advising a rider who purchased a horse that she intended to compete. Upon purchase it became apparent that the seller had withheld the material fact that the animal’s leg had been operated upon; thereby making it unsuitable for show jumping.
• Representing a potato farmer in his dispute with an international crisp manufacturer who refused to pay for the goods on the basis that a foreign object in the potatoes had caused substantial damage to their factory.
• Representing an individual who purchased what he understood to be a fully restored EType Jaguar. The vehicle turned out not to have been restored and the individual was allowed to reject the vehicle and recover the money he had paid out.
• Representing a football agency before the Court of Arbitration for Sport in a £multi-million claim against a Malian company, arising from a contract that was governed by Swiss law.