Neil Fawcett

Call: 2006

Introduction

Neil advises regularly in relation to all aspects of commercial litigation in addition to drafting pleadings and attending directions hearings, application hearings, including for summary judgment and strike-out and attending trials and appeals, often where there are complex or highly technical issues of law to be resolved on the multi-track in the High Court or County Courts.

The areas of commercial litigation in which Neil had particular experience include those within his banking and financial and commercial property practices in addition to:

  • All types of commercial/business contracts, especially where contentious issues have arisen to do with construction of terms, formation, breach and termination, the adequacy of consideration, the law of compromise, penalty and exclusion clauses, misrepresentation, mistake, fraud, forgery, estoppel arguments, assignment and the imposition of trusts and fiduciary duties.
  • Contracts for services, including software-development, advertising, internet services and professional services.
  • Contracts for the the sale of goods between businesses or to consumers, ranging from software packages, materials, vehicles and theatre costumes to plant and heavy industrial machinery.
  • Construction contracts.
  • Business-sale agreements.
  • General credit and security matters including commercial asset-finance agreements, consumer-credit agreements, hire-purchase agreements, conditional-sale and credit-sale agreements involving complicated litigation over the construction of such agreements and claims for delivery-up, following and tracing.
  • Bills of exchange and banking contracts, dealing especially with the relationship between banker and customer, the duties of bankers, bank-mandates and breach-of-mandate claims, overdrafts, interest and charges, the payment of cheques, direct-debits and principles governing countermand, joint accounts and the effect of partnerships and their dissolution on contracts of banking.
  • Enforcing or challenging contracts of suretyship (guarantee and indemnity clauses), dealing with defences thereto, discharge of sureties and construction of clauses as either guarantees, indemnities or letters of comfort.
  • Agency of all types, but particularly in relation to banking and financial services, the parties Debtor-creditor-supplier Consumer Credit Act agreements and professional agency.
  • Partnership litigation.
  • Freezing (Mareva) Injunctions in the Mercantile Court to secure compliance with contractual obligations.

Qualifications and Appointments

  • BSc (Hons) Chemistry – University of Birmingham
  • GDL – University of Birmingham
  • BVC – Inns of Court School of Law
  • Public Access Accredited
  • Deputy District Judge (Midland Circuit)

Professional Associations

  • Midland Commercial and Chancery Bar Association
  • Lincoln’s Inn

 


My Expertise