Pearson Hinchliffe - commercial law - Advising - Supporting - Delivering

Our Work

Breach of contract

Pearson Hinchliffe’s Commercial Litigation department has a wide range of experience in all types of breach of contract claims.

1. Successfully pursuing claim for damages for breach of contract for college against a national building contractor for the defective installation of a sports hall floor.  Claim settled on terms satisfactory to client.
2. Acting for property developer in defending claim brought by main contractor for over £250,000 in the Technology and Construction Court – action ongoing.
3. Representing local kitchen supplier in claim brought by a national wholesaler.  Successfully defeating claim.  Succeeding in counterclaim and obtaining order for costs.
4. Pursuing a claim in the County Court on behalf of an electrical contractor on recovery of monies due from main contractor.  Action proceeded to trial whereupon contractor successfully obtained judgment and costs order against the Defendant.
5. Acting for manufacturer in claim for damages for breach of contract against a national courier due to damage caused to goods.  Successfully arguing courier’s terms and conditions unreasonable until satisfactory settlement achieved for client.

Professional Negligence

1. Successfully suing solicitors firms for damages for negligence, including claims brought against solicitors for:-
   (i) Failing to advise client re existence of private right of way.
   (ii) Failing to advise client of existence of public right of way across back garden.
2. Claims against surveyors for negligent surveys.

Claims against experts in respect of negligent open market valuation.

Company Commercial

Our Commercial litigation department works closely with our Company Commercial department and has acted for a number of large companies when disputes arise.

1. Acting for national company in connection with claim for damages for breach of warranty under the terms of a share sale agreement.
2. Successfully representing company in Court of Appeal on the preliminary issue of whether an individual was a partner in a former solicitor’s practice.  Successfully obtaining declaration that he was and order for costs.
3. Representing group of companies, firstly in the County Court and then on appeal and, ultimately, in the Court of Appeal in action for £1m brought by HM Revenue & Customs.  Client obtaining costs order against HMRC.
4. Successfully pursuing claim for house owner against building company on failure of retaining wall.  Matter concluded following issue of proceedings with wall being rebuilt and order for costs in favour of client.
5. Acting for numerous employers and employees in claims brought by employers for injunctive relief against former employees in breach of restrictive covenants within employment contract.
6. Acting for company in claim brought by minority shareholder alleging unfair prejudice.  Proceedings brought in Manchester High Court.  Claim settled following valuations from forensic accountant.
7. Acting for company in successful recovery of damages due under share sale agreement wrongfully withheld by vendor company.
8. Acting for partner in solicitor’s firm in recovery of monies due from former partners under partnership agreement.

Commercial Property

Working closely with our Commercial Property department, the Commercial Litigation department advises commercial landlords and tenants when disputes arise.

1. Advising commercial landlords and tenants on all aspects, including obtaining possession of property, service of Section 25 Notices, recovery of rent arrears and damages for breach of covenant.
2. Acting for landlords/tenants in relation to dilapidations claims.
3. Acting for commercial client in respect of urgent removal of trespassers from car park on three occasions.  Obtained order for possession within days on each occasion forcing the removal of those trespassers until site secured.
4. Acting for commercial landlord against former tenant in claim for damages for alleged misrepresentation on service of a Section 25 Notice.  Those proceedings currently ongoing in the Manchester High Court.
5. Successfully pursuing claim for damages for nuisance for commercial property owner against neighbouring property owner due to water ingress.

Intellectual Property

1. Representing international company in respect of breach of registered trademark.
2. Acting for former employee of company in respect of allegation of breach of design right.  Successfully defending injunction proceedings and substantial claim for damages until settlement reached in terms that enabled client to remain in business.

Chancery Claims

 

Contentious Probate

Pearson Hinchliffe’s specialist litigation department successfully represented a number of individual clients in respect of contentious probate claims.  This has included claims under the Inheritance Act, successfully defending an application by an objector to prevent the registration of an Enduring Power of Attorney in favour of client, removal of executors and representing claimants and defendants in respect of disputes over wills.

Boundary Disputes

The litigation department currently act for a number of claimants and defendants in respect of boundary disputes.  These include claims for adverse possession.

The department recently successfully represented a claimant against her neighbour which proceeded through to a final hearing in the Manchester High Court and concluded with our client obtaining a declaration as to the boundary in her favour and an order for costs against her neighbour in the sum of £26,000 which was recovered successfully following enforcement action being taken against the defendant.

Pearson Hinchliffe have also recently represented another party in proceedings in the Court of Appeal on a boundary dispute.

Residential Landlord and Tenant

The department has a solicitor who specialises in landlord and tenant matters.  He acts for landlords in the recovery of possession of premises and recovery of rent.

 

To speak to a specialist in this area, please contact us.

Pearson Hinchliffe Commercial Law | Hollinwood Business Centre, Albert Street, Hollinwood, Gtr Manchester, OL8 3QL
Telephone: +44 (0)161 785 3500, Fax: +44 (0)161 624 2589