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MAY
09

Commercial and Litigation Department update

fcaApril was a busy month for the Commercial and Litigation Department with a host of successes for clients with a range of concerns;

  1. A 48 hour emergency injunction; Ian Coupland received instructions early on Friday 21 April 2017 stating that our Tenant client had attended his bespoke tailoring business premises that morning to find that the locks had been changed by his Landlord and that his 10 year lease had been forfeit. Together with the assistance of Annabelle Pantling and all within a very tense period of 48 hours, Ian prioritised and successfully obtained an urgent injunction at the Central London County Court which allowed our Tenant client back into his property just in time to obtain a bespoke suit required by a customer for his wedding the following day (!). Relief from forfeiture was subsequently granted, and our client is now back in his premises and trading as usual.

  2. New instruction by a client under investigation by the FCA; Ian Coupland and Adam Creasey have been working together to assist a client whose business practices are being scrupulously considered by the Financial Conduct Authority. Elements of Director disqualification are to be considered, together with third parties and their own business practices which add further complexity to a long history of behaviour currently falling into question.

  3. A fairly compensated but unfairly treated employee; Adam Creasey has obtained a commendable result for an Employee client who was dismissed after 20 years of service for his Employer, without reason. After a year of working diligently for our Employee client, Adam successfully brought this claim to its Tribunal Hearing on 12 April 2017, where our client was awarded in excess of £20,000.00 in recognition of the unfair treatment and incorrect procedures followed by his Employer in dismissing him so abruptly without reason. Our client has now obtained subsequent employment with a new Employer and is incredibly pleased with the result Adam achieved for him after his many years of previous service.

  4. Major business restructure; Ian Coupland has been proactively advising our Commercial client in a major restructure of his business interests, under section 110 Insolvency Act 1986 in relation to the voluntary winding up of our client’s company.

  5. Reaching settlements; Adam Creasey has assisting an reaching an out of court settlement for a client who stood before a £20,000.00 claim and further Counterclaim, had the deal not been made in the final hours before preparing for a forthcoming hearing. Adam skilfully negotiated with the Claimant in order to obtain a brilliant result for our client and avoid the need to increase costs or spend more time on ongoing court proceedings.

    

 

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MAR
03

Examples of some recent instructions for Ian Coupland, Director, and Head of our Civil Litigation and Professional Disciplinary Departments

  • shaking hands 1Successfully obtained an Admonishment (which is the lowest form of Sanction) for an Osteopath in regulatory proceedings brought by the General Osteopathic Council for failing to have in place Professional Indemnity Insurance;

  • Successfully acted for a London Property Owner in a Professional Negligence Claim against his former Solicitors who failed to properly comply with the Statutory Leasehold Extension procedural requirements;

  • Instruction by our linked Germany Law Firm to act in the Admiralty Court for a Hamburg based Boat Owner in connection with the arrest of his Boat following a dispute over the quality and standard of repairs done to it;

  • Instructed by the Directors of a Company to apply for its Restoration following its wrongful Dissolution;

  • Acted for the largest Company providing Digital Media on top of Taxis in London in connection with the purchase of further Media Units and Licenses from one of its Competitors.
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FEB
21

Current instructions for Adam Creasey of our Civil Litigation Department

commercial litigationThe below list details the breadth of civil cases and matters that Adam deals with, contact him directly by emailing acreasey@lewisnedas.co.uk.

Company

- Collective Enfranchisement;
- Replacement of Guarantor;
- Sale of Business - £100k;
- Business Dispute;
- Drafting Sub-Contractor Agreements;
- Litigation - Regulatory;
- Civil Litigation - Commercial Contract Dispute - £350k claim;
- Civil Litigation involving a £140k Bentley;
- Accelerated Possession Proceedings;
- Drafting employment contracts

Individual

- Lease Variation;
- Family Trust Dispute;
- Employment - Settlement Agreement;
- Landlord and Tenant Dispute;
- Neighbour Dispute/First Tier Property Tribunal;
- Possession Proceedings;
- Employment Tribunal Litigation;
- Civil Litigation - Specific Performance;
- Compulsory Purchase Order Dispute;
- Family Dispute/Contentious Probate;
- Contentious Probate;
- Shareholder Dispute - over £100k;
- Setting Aside Default Judgment;
- Credit Reference Agency Check;
- Debt Claim

     

 

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DEC
22

FCA regulatory success for Lewis Nedas clients and Keith Wood

fcaKeith was recently instructed to advise and assist the directors of an FCA registered company during a Firm Visit by the FCA. The regulator had a number of concerns about the conduct of certain aspects of the company and during the visit a number of issues were put forward including some very serious breaches of FSMA. At the end of the inspection we negotiated a settlement which involved a temporary restriction on one permission of the firm, rather than a full removal of all permissions which allowed the company to continue to provide services going forward much to the relief of the directors concerned.

 

 

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NOV
22

Another firearms appeal successfully resolved for Lewis Nedas client and Laura Saunsbury

firearmsOur in house expert in firearms licensing appeals, Laura Saunsbury, successfully negotiated a settlement of yet another appeal last month. Our client, an experienced shooter who had held his firearm and shotgun certificates for many years, sought Laura's help when his certificates were revoked in October 2015 following his arrest over a parking dispute.

In spite of our client being cleared of any wrongdoing in this and a number of other alleged incidents in the past, for a long time the Police continued to contest our client's appeal. The case had been scheduled for a 3 day hearing at Lewes Crown Court in mid October 2016. However, after two preliminary hearings and persistent pressure from Laura on the police to reveal further information about the background to the various allegations and the character of the complainants, the police eventually reconsidered their objections and agreed nearly a year later in September 2016 to reinstate both of our client's certificates. 

Our client was a member of two national shooting organisations, the CPSA (Clay Pigeon Shooting Association) and the NRA (National Rifle Association), and was fortunate to have legal expenses insurance through both organisations which between them funded his legal costs. In writing to both organisations to express his appreciation our client made the following comments;  

“I would like to express my absolute satisfaction with my solicitor Laura Saunsbury and the barristers Nick Doherty and Helen Dobby.

Throughout the case I received brilliant and excellent client care from Laura Saunsbury and very impressed with Laura's attention to even the smallest details in my case. Laura with no doubt at all is the top solicitor in firearms matters in the country.

I firmly believe it should be appreciated that Laura Saunsbury is a valuable and irreplaceable asset to the future of our sport.”

    

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