Profile description
Commercial law is Liam’s principal area of practice. He frequently appears in interlocutory and final hearings on the multi-track, fast track, and small claims track. Liam also advises in writing or conference and settles pleadings in all areas of commercial law.
AREAS OF PRACTICE
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Contractual disputes
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Construction disputes
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Debt recovery
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Claims based on economic torts, on mistake and misrepresentation, on bailment, and for money had and received
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Cases turning on limitation points
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Equitable remedies; for example, claims based on constructive, resulting, and Quistclose trusts
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Unjust enrichment claims; for example, claims based on failure of basis
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Sale of goods/supply of goods and services
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Personal and corporate insolvency
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Company law
HIS WORK
Liam accepts instructions directly from members of the public, as well as from solicitors. Besides appearing in court on an almost daily basis, he drafts pleadings and advises both in conference and in writing.
REPRESENTATIVE CASES
A series of claims on behalf of solicitors’ firms seeking to recover unpaid fees, including a recent successful application for summary judgment in a multi-track case.
Successfully acting for a recruitment consultancy in a claim for over £60,000 in unpaid fees. Liam has acted for employment businesses on many occasions, and is unusually well-versed in the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and the defences sometimes based on the regulations.
Choudhury v Luton Borough Council: An appeal to the High Court against the making of a bankruptcy order (case summary on Westlaw). Liam also acted at the permission hearing. Permission to appeal had been refused based on the Grounds of Appeal (drafted by other counsel), but was granted following a hearing at which Liam identified a possible error by the district judge, which had previously been overlooked.
Numerous proceedings involving the sale of motor vehicles; for example, concerning whether the vehicle was of satisfactory quality, or whether the vendor had good title to the vehicle.
Successfully acting in a dispute over the ownership of a prize-winning pedigree dog, which turned on the question of whether a retention of title clause had been incorporated into the contract for sale of the dog.
A successful application for summary judgment on behalf of a construction company, in a case turning on whether there had been a novation of the contract from one company to another.
Liam has specialised in employment law since 2009. Before joining Fenners he spent over four years working at a specialist employment law consultancy, undertaking advocacy, litigation, and advisory work in a broad range of employment disputes, on behalf of both employers and employees. He has appeared in the Employment Appeal Tribunal on many occasions times.
AREAS OF PRACTICE
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Unfair and wrongful dismissal, including constructive dismissal and ‘automatically unfair’ dismissals
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Discrimination claims, whether direct, indirect, victimisation, harassment, etc – covering sex, race, disability, age, religion or belief, sexual orientation, etc
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TUPE, including disputes about whether there has been a transfer, s. 4(9) quasi-constructive-dismissal claims, and claims by one employer against another in respect of employee liability information.
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Protected disclosure (‘whistleblowing’) claims.
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Disputes concerning employee status.
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Wages and breach of contract claims; holiday pay claims, including claims for accrued holiday pay following HMRC v Stringer
HIS WORK
Liam accepts instructions directly from members of the public, as well as from solicitors.
REPRESENTATIVE CASES
Fox v Ocean City Recruitment Ltd [2011] All ER (D) 108 (Aug): Successful appeal to the EAT concerning, inter alia, vicarious liability for sexual harassment, and the statutory defence afforded by s. 41 of the Sex Discrimination Act.
Defending a four-day unfair dismissal and race discrimination claim, brought by the former manager of the UK branch of an international accountancy business. The race discrimination claim was dismissed and while the unfair dismissal claim was conceded (the Claimant having been dismissed by e-mail, with no disciplinary procedure being followed), no compensation was awarded, as the tribunal made a 100% Polkey reduction.
Appearing for the Claimant in an unfair dismissal and sex discrimination claim brought by a security guard who had been dismissed for allegedly sleeping on the job. All claims succeeded, and substantial compensation, including 2.5 years’ lost earnings, was awarded.
Acting against a prominent sports governing body, in a constructive unfair dismissal claim. After Liam’s client won at the liability hearing, the case was settled for a significant sum.
Representing the Claimant in a whistleblowing dismissal claim which was extensively reported in the national and regional press (for example, The Times, The Daily Telegraph, and The Daily Mail).
Acting at a pre-hearing review, concerning issue estoppel and Henderson v Henderson abuse of process, on behalf of a nurse who was bringing race discrimination and victimisation claims against an NHS trust.
