GENERAL :

Born: 1972

University of Teeside Bachelor of Law LL.B (Hons) 1995
Chester College of Law – Post Graduate Diploma in Legal Practice 1996
Chartered Insurance Institute – Certificate of Financial Planning 2000-2002
Advocate Isle of Man 2007

MEMBERSHIPS :

Chairman of Young Lawyers Association 2007

Isle of Man Young Lawyers Association 2006
Committee Member of Manx Variety Club

DIRECTORY MENTIONS :

Ranked in the category of "Dispute Resolution" as being "very proactive" and recognised as "one of the up-and-coming advocates on the Island".
Chambers Europe (2012 edition)

Ranked in the category of "Associates to Watch".
Chambers Europe (2011 edition)

'Clients say that he "gives common-sense advice".'
Chambers Europe (2011 edition)

"approachable and dedicated to his clients".
Chambers (2011 edition)

ARTICLES & PUBLICATIONS :

International Law Office:
Winding up of debtor companies - April 2010
Strike out on non pre-emptory order - May 2009
Non recovery of UK solicitor costs in IOM actions - February 2009

M&P Review:
Cast off those bad debts in 2010 - December 2009
Strike out possible even where unless order - May 2009
Manx debt recovery: When, Where and How - November 2007

Published locally in press

SIGNIFICANT CASES :

Craig Linden Sims v DHSS:

Acted in the application to strike out the claim of the plaintiff on the basis of non-compliance with rules of court and a non pre-emptory order. Although the application was dismissed the court found, as argued, that failure to comply with an order of the court (whether or not pre-emptory) is capable of founding a successful strike out application.

Knox D'arcy Limited v Anthony Corlett (2008):

It was successfully argued that a higher court does have the jurisdiction to entertain applications to set aside interlocutory order made in the small claims court.

Traditional Builders Ltd v Modena Lifestyles Ltd and Paul Mellor (2010):

An offer stated to be made under chapter 6 of Part 7 of the rules of court (akin to part 36 offers in England) must comply with the terms of rule 7.54 and if so will have the costs concsequences set out in rule 7.61.

RPS Consultants Ltd v Hexagon Enterprises Ltd:

Rules of court as to the discretion of the court on the issue of costs act to limit the statutory discretion afforded per the High Court Act 1991. Costs awarded above fixed costs usually ordered only in circumstances where behaviour of the Defendant warranted it. It was also found that a contractual provision for payment of legal expenses of recovery of a debt does not override the discretion of the court but is a starting point for the exercise of that discretion.

EMEA Oil Limited v Petrodel Resources Limited (2010):

Application for the winding up of the defendant company. Whether counter claims raised were bona fide. Demonstration of solvency by the defendant company.

EMEA Oil Limited v Petrodel Resources Limited (2010):

Defendant company avoided an order for winding up by placing monies in its advocates' bank account subject to an undertaking that said monies could only be removed by agreement with the Claimant or by order of court. As a result of the undertaking the Claimant withdrew from the winding up proceedings and the Defendant sought to argue that the undertaking had served its purpose and that the court should order it discharged. It was found that the undertaking continued to operate in circumstances where the claimant company had commenced fresh proceedings for the recovery of the monies subject to the undertaking.

EMEA Oil Limited v Petrodel Resources Limited (2010):

Contractual claim against an oil exploration company involving construction of contracts, employment, discovery issues, confidentiality and corporate governance. Damages awarded to the Claimant in full. Claimant made part 7 offer (akin to part 36 in England) which was beaten at trial. As a result of the offer costs were awarded to be assessed on the standard basis prior to expiry of the relevant period of the offer and thereafter on the indemnity basis. Interest on damages was awarded at the rate of 10% above base from the date of expiry of the relevant period prior to which it was applied at 4% per annum. Interest on costs was also awarded at the rate of 10% above base over the same period. In addition the court ordered an interim payment to be made to the Claimant on account of costs to be assessed.

Mr and Mrs B:

Divorce Case. Appropriate level of maintenance. Party ordered to pay maintenance at a level above that which current earnings may support on the basis that said party had a much higher earnings potential.

Petition of Friends Provident Limited:

Insurance contracts and negligent investment advice. The policyholder of the petitioner had, upon advice of a third party financial advisor, effected a savings policy using qualifying funds from various pension policies. There was no suggestion of wrongdoing on the part of the policyholder. It was not possible to transfer benefits back to the originating schemes. The court ordered that benefits could be transferred to another qualifying scheme set up for the benefit of the policyholder.

Corkill and Corkill v Philip Walmsley and CWD Limited:

Building Contracts. The second defendant had contracted for certain building works for the Claimants. The company ceased trading and the first defendant (an employee of the second defendant) represented that he would finish the building works at no extra cost. Although the majority of the cost of the building works had been paid by the Claimants a small retention had been withheld on account of snagging and the court found this sufficient consideration to give effect to a contract between them and the first defendant.

FSC v Brunswick:

Acted for the FSC in director disqualification proceedings following conviction for conspiracy to defraud, procuring breaches of contracts and knowingly assisting another party to breach its fiduciary duties.

Various unreported mediated cases:

Unreported:

Acting for a government department following a third party disclosure application made against it by the defendant in criminal proceedings. Public interest immunity and ECHR issues involved.

Unreported:

A personal injury claim following death of motorcyclist. Inquest returned verdict of accidental death. Contributory negligence. Damages for future losses to dependants.

Unreported:

Acting for large insurer in subrogated claim of building negligence. Negligent underpinning of property adjacent to development by the developer as a condition of planning permission. House unsafe. Measure of damages. Damages for stress and inconvenience.

Unreported:

Acting in winding up proceedings for custodians of a private investor fund following a failure of one of the underlying funds to redeem moneis upon valid request.

Unreported:

Opinion on rights of account holder to recover money from collapsed bank upon the bank going into liquidation and in circumstances where account holder had acted as guarantor in respect of a loan granted by the bank to a third party, there being dispute as to whether the guarantee was satisfied/lapsed.

LANGUAGES :

English