Commercial

Alfred is a sought after advocate and advisor for litigation, arbitration and other forms of dispute resolution.  He has a broad depth of expertise across the various causes of action that feature in commercial litigation, but particular specialisms include:

• Commercial contract disputes in all guises, including breach of warranty disputes, franchise disputes, and claims for rectification
• Commercial fraud in all guises, including bribes and secret commissions
• Company law, including claims against directors
• Economic torts
• Employment related and/or business protection disputes involving issues concerning database rights, restrictive covenants, breach of confidentiality, fiduciary duties
• Limitation
• Partnership disputes
• Professional negligence claims, particularly involving solicitors, counsel, accountants, architects, engineers, surveyors, and financial advisors
• Restitution/unjust enrichment
• Shareholder disputes, in particular s.994 petitions
• Urgent injunctive relief, including proprietary injunctions and freezing injunctions

His practice involves particularly complex and high value matters, either as sole trial Counsel, or as a senior Junior to Leading Counsel.  He is often instructed on appellate matters where he has not appeared at first instance, in order to assist with his particular expertise.  He has appeared and/or is currently instructed in a number of national and international arbitrations, including under the ICC Rules and the LCIA, and is familiar with matters where there is a cross-border element.

As an illustration of Alfred’s practice, the following are examples of matters he has recently been or is currently instructed in:

• Commercial contract. Currently instructed in various commercial contract and franchise disputes, including one recently settled matter (£5m claim) involving the construction of an agreement for the transfer of various insurance policies.
• Commercial fraud, bribes, business protection and urgent injunctive relief. Acted for the claimant in a claim concerning the receipt of bribes by a senior employee, who was also alleged to have diverted business away from his employer to a shadow company under his control.  Successfully obtained a freezing injunction before a s.9 Judge, following which the case settled.
• Company law. Instructed in various claims against directors brought by assignees of the claims, often involving mixed causes of action either for breach of fiduciary duty, breach of creditors’ duty, and Insolvency Act claims.
• Economic torts. Instructed as sole Counsel defending a multi-million pound unlawful means conspiracy claim against numerous individuals.
• Limitation. Recently appeared in a complex application in the High Court and obtained permission to substitute a party outside of the primary limitation period.  Recently addressed numerous limitation arguments raised in the context of an international arbitration in a multi-million dollar misrepresentation claim brought under the ICC Rules.
• Partnership disputes. Instructed with leading Counsel in an ongoing appeal to the Court of Appeal concerning the application of interest under the Partnership Act.
• Professional negligence. Instructed as trial Counsel in a claim concerning the negligent drafting of a clause in a share purchase agreement.
• Restrictive covenants. Recently instructed to advise a company facing allegations of procuring a breach of contract as an employee it had engaged was in breach of his restrictive covenants.  In a separate matter, instructed to pursue breaches of restrictive covenants by a former director and employee now trading in unlawful competition following a share sale.
• Restitution. Acting for a land agent bringing a claim for breach of contract and/or restitution arising from when development land in respect of which he had been retained was sold to a developer but the principal failed to pay the commission, alleging repudiatory breach.  Argued that notwithstanding the allegation of repudiatory breach, there would in law be a restitutionary entitlement to payment.  Case successfully settled at mediation.
• Secret commissions. Advised energy brokers facing claims alleging payment of unlawful commissions.
• Shareholder disputes. Currently instructed in numerous multi-million pound s.994 petitions,  both as sole advocate (including against Leading Counsel), and as a team with Leading Counsel, ranging from disputes involving a dental practice; a fast fashion brand; an industrial manufacturer; a care agency provider; industrial maintenance provider; a business engaged in demolition, haulage and contracting.