Case Studies

  • Family Dispute Resolved
    David acted for an elderly lady who ran an agricultural partnership with her son.  The partnership was originally set up as a family business with father, mother and eldest son in order to promote the family business of dairy and arable farming. There was no formal partnership agreement.

     Unfortunately, the eldest son caught a debilitating disease and his health deteriorated rapidly.  Also at that time, the father died.  The son outlived the father by a matter of days and was pushed by his wife, the daughter-in-law, to dissolve the partnership, which had been a partnership at will with no form of documentation.  

     The daughter-in-law sought the dissolution and winding-up of the partnership and took very aggressive steps to obtain an inflated share of the business.  This was of great concern to the elderly lady client.  David guided this dispute away from expensive Court proceedings to a mediation.

     The effect of this was that the client was able to cherry-pick some of her favoured assets and not have them sold in order to meet a Court-induced winding-up.

     The dispute was concluded a lot quicker than protracted litigation would have allowed, and with a great saving of costs. 
  • Quickly Ending Frivolous Proceedings
    David was instructed by a firm of accountants, who had become members of an association of accountants providing aggressive tax planning schemes to high net worth individuals and celebrities.  Such aggressive tax schemes were made infamous by the involvement of the comedian, Jimmy Carr.

     When HMRC outlawed the schemes, the association sued his client for breach of implied confidentiality.

     The rules governing pre-action conduct as set out in Practice Direction for Pre-action Conduct (PDPAC) had been completely ignored; no adequate Letter before Action had been sent to the client and therefore the client did not know the extent of the case against them.

     David first made enquiries at Companies House and established that the claimant company was virtually insolvent. It was a great concern for a professional partnership to be on the receiving end of legal proceedings, especially when the proceedings appeared to be without merit.  David immediately sent correspondence to invite the provision of voluntary security for costs, ie to cover the client’s costs if the claimant was unsuccessful.

     As the claimant had failed to substantiate its claim, a voluntary request for further information and for documentation was made.  This was ignored. Applications were made to the Court to strike out the claim and/or seek summary judgment (in reverse) with an alternative application for security for costs.  The costs were assessed for security purposes at over £20,000 for the first stage in the litigation and if successful, that amount of money must be provided by the claimant in order for it to continue with the action. 

     The immense pressure of these applications upon the claimant caused it to discontinue proceedings.  A discontinuance is always on the basis that costs will be paid and the client received a large contribution towards its costs.  

     Therefore, the proceedings brought against the professional firm client were brought to an early conclusion to the relief of the client.

 

Testimonials

  • Service is excellent, communication is very good and advice/instruction is exactly what I need. I would recommend their services to anyone who needs them.

    Mr Twidale
    Wrexham
  • Having used David Whiting on a number of occasions over recent years I have always found his advice to be clear, concise and accurate. I believe that where possible he has advised on when to settle claims and when to pursue ensuring our cost exposure is kept to a minimum. This year I have also utilised the services of other departments within Spratt Endicott and have experienced high quality advice throughout.

    David Bickley - Arden Windows Limited
    Coventry, Warwickshire
  • "Whenever I need commercially sound and authoritative legal advice, I turn to David Whiting and his team at Spratt Endicott. With them, I know they will tell me honestly where I stand, recommend a course of action that is in my best interests and see the matter through professionally and diligently. I have no hesitation in recommending David or his colleagues to anyone wanting first class and professional legal services."

    Marc Ingram
    (CEO), Ioniq Capital Partners Ltd

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