Commercial
Penny regularly appears in the County and High Courts in interlocutory applications and trials on a diverse range of commercial matters including contractual & tortious disputes, company matters and debt recovery actions. In addition, Penny drafts pleadings, including particulars of claim, defences, application notices and supporting witness statements as well as advice both written and in conference. Penny acts for both Claimants and Defendants and also has experience in representing clients in mediation.
Examples of such matters include the following:
- Trials arising from contractual disputes including unpaid invoices, those concerning the Consumer Rights Act 2015/Supply of Goods and Services Act 1982, misrepresentation and delivery up of goods;
- Summary judgment and strike out applications;
- Default judgment applications;
- Charging order applications;
- Costs applications including for wasted cost and indemnity costs;
- Applications to restore a company to the register
- S216 Companies Act 2006 applications
Notable cases
- Penny successfully acted for the Claimant in a multi-day trial arising from a claim for (1) the repayment of loans worth c.£25,000 and (2) the recovery of wages in the sum of c.£16,000. The central issue was whether the monies loaned were indeed loans or whether the presumption of advancement applied such as to give rise to the payments being properly construed as gifts.
- In an application concerning the proper construction of CPR 20.5 & 20.7 as to when the Court’s permission is required to bring a counterclaim against an additional party, Penny successfully acted for the Respondent in having the application dismiss and permission to add the proposed Part 20 Defendant refused.
