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case studies

Summerfield Browne acted on behalf of a packaging company issuing a claim for £12,000.00 in relation to a breach of contract, for the return of a deposit over disputed software works to a Client’s website. Summerfield Browne were able to fully investigate, negotiate and settle the claim outside of Court proceedings for over 60% of the original claimed amount due to our expertise in commercial litigation and breach of contract claims. We instructed Jennifer Brenton from 33 Bedford Row chambers to prepare particulars of claim on this matter.

Commercial Litigation

Property Litigation

In a recent case Tom Lathom obtained a possession order in 14 days on behalf of his client (the landlord of a property in Northamptonshire). The tenant owed over £5,000.00 and Tom obtained a county court judgment (or CCJ) for the rent arrears. The client was happy with the outcome in the knowledge that once the 14 days expired eviction proceedings could be commenced. Tom assisted the client with issuing the claim, writing the relevant witness statements and conducted his own advocacy at the hearing. By representing his clients in court Tom can often save his clients from paying expensive barristers’ costs.

Chinese Biotech Company

 

Christian Browne advised a Chinese Biotechnology Company in relation to whether CE mark certification was required in connection with the importation of biotech products into the EC. Chris Browne said that “Summerfield Browne has strong regulatory experience and expertise in many diverse fields, which was of significant benefit in advising on CE certification”. He stated that “we also have significant biotech capability and advise a broad range of biotech clients on a wide range of matters including intellectual property matters and also collaborations and partnering arrangements”.

Sale of Business

 

Christian Browne advised the owner of an accident repair business in relation to the sale of the business as a going concern. The consideration was well in excess of £1 million. Christian Browne said that “Summerfield Browne solicitors have a strong corporate team which can provide expert advice in relation to all aspect of a business sale including property, employment and general commercial law”. He also said that “the parties wanted to conclude the deal in a few weeks which, given the complexity of the transaction was certainly interesting, but we managed to get it over the line within the very short timescale, which pleased our client”.

Winning a Litigation case in the County Court

 

There have been two recent notable cases where our Senior Solicitor, Tom Lathom, has achieved excellent results for his clients. The first case involved a boundary dispute. Tom specialises in property litigation and met with the clients face-to-face at the Birmingham office. The clients had been made subject to a CCJ (a County Court Judgment) as they had failed to file a Defence. Tom’s clients had been representing themselves as litigants in person and had found the court process both stressful and daunting. When the clients initially met with Tom it appeared that all hope was lost and they had resigned themselves to losing the claim. After discussing their position and Tom advised the clients to make an application to set aside the County Court Judgment. Due to his extensive County Court experience Tom represented the clients in Court himself (avoiding the need to instruct a barrister).

 

The County Court Judgment was set aside and this means that Tom’s clients can defend the claim and have the opportunity to participate in alternative dispute resolution (i.e. attempt to settle “out of court”). The clients have been extremely impressed by Tom’s handling of their case and feel more confident in fighting their corner.

 

Tom specialises in property dispute litigation and the lawful recovery of property (commonly known as “eviction proceedings”). In a recent and notable case Tom was instructed in relation a landlord and tenant dispute where the tenants had stopped paying the rent. Tom was instructed on behalf of the landlord of a residential property in Northamptonshire. The tenant was refusing to vacate the Property and owed over £5,000.00 in rent arrears. Tom took the client’s instructions, prepared and served the Section 8 notice on the tenant and, when the tenant refused to move out of the property, issued possession proceedings. The case was listed in the Northampton County Court and Tom represented the landlord in court. The Judge Ordered possession and the landlord obtained a County Court Judgment against the tenant.  Tom is now advising the landlord on enforcement options. By preparing the Court documents and representing the client in Court himself Tom’s approach is both personal and cost-effective. Since obtaining the Order for Possession (also known as a Possession Order) the tenant has moved out. The client was extremely happy with the result in Court and is even more happy to have their property back!

Sale of Share in a Company

 

Christian Browne of Summerfield Browne Solicitors acted for the sellers of shares in a SME tooling company to a French buyer. Christian Browne commented that “this transaction was technically quite complex and involved quite a lot of legal and commercial due diligence, and also negotiation of extensive warranties and tax covenants. However the deal ran relatively smoothly and completed on the projected completion date which made the clients very happy indeed. We also managed to protect our clients’ interests with limited ongoing liabilities which was fantastic”.