| Call 2005
Profile: Commercial Disputes
Dawn’s commercial practice covers a broad spectrum, including business sale agreements, shareholder disputes, breach of warranty, guarantees, insurance and professional negligence.
Her recent work includes:
- Kaziewicz v Oliver (ongoing) – Representing the claimant in relation to various claims including: (i) A declaration of trust and entitlement to trace, an account, equitable compensation and/or damages in respect of a secret profit retained by D when acting as C’s agent regarding a horse purchase; (ii) An account, equitable compensation and/damages for D’s breach of trust, contract and/or wrongful conversion for the sale of a horse box; (iii) Damages for breach of contract in failing to deliver ‘replacement horse jumps’; (iv) Damages for breach of contract and/or wrongful conversion in failing to deliver ‘exclusive horse jumps’. Claim has been listed for 4 day trial in 2019.
- Meisels v Friedlander – Opposing an application in the Commercial Court to enforce the terms of an arbitration award (“Award”). In addition, acting on behalf of the Respondent regarding his cross-application to challenge the Award pursuant to section 68(2)(d) of the Arbitration Act 1996 on the ground of serious irregularity affecting the Award. Namely, the tribunal had failed to deal with several ‘fundamental’ issues which had been put to it thereby causing substantial injustice to the respondent.
- A v B – Advising in connection with various contractual construction arguments and the scope of the contract(s) entered into between the parties, together with the interplay between arbitration agreements in construction contracts and insolvency proceedings.
- A v B – Acting in connection with the enforcement of a guarantee and to refute claims concerning: (i) various alleged oral agreements concerned purported oral extensions/variations to the underlying facility agreement and the terms of the guarantee; (ii) alleged undue influence; and (iii) allegations concerning other unrelated facility agreements and debentures. Dawn was ultimately successful and a bankruptcy order was obtained against the debtor.
- Alekseev v Mofrad – Opposing a bankruptcy petition, in an insolvency case where the main issues were contractual in nature. The c. £1 million petition debt was based upon a guarantee executed in Russia (subject to an exclusive jurisdiction clause in favour of the courts of England and Wales). The respondent claimed he had been forced to execute the guarantee under duress (by virtue of threats and psychological pressure). The allegations of duress were refuted. Furthermore, even if there had been duress, it was claimed that the respondent had affirmed the transaction by virtue of his subsequent conduct, together with the lengthy delay before seeking to challenge the guarantee.
- Connaught Digbeth Limited – Defending a claim regarding the proper construction of the terms of an exclusivity agreement regarding the sale of a £6.5million property and a claim for the return of a deposit.
- Advising investors regarding $9million investments, by way of Convertible Loan Agreements, in a Russian company controlled by an influential Ukrainian oligarch.
- SWP Group PLC v Ulva Limited (in Liquidation) – Advising and appearing in a dispute as to the construction and meaning of an asset sale agreement and the assignment of certain causes of action.
- Periotti v McGarry – Acting for Claimant regarding a claim for monies due under a loan agreement and the delivery up (or damages) of various vehicles used by the Defendant, a former director of a Luxembourg company. The case involved allegations of tobacco smuggling, fraud, HMRC investigations, together with arguments concerning ex turpi causa.