Solicitor
Karen qualified as a Solicitor in 2007 having completed her training contract with the firm. She specialises in most aspects of commercial litigation, including director and shareholder disputes, contractual disputes, partnership and commercial agency issues.
Karen has experience of all levels of Court hearings including the Court of Appeal, and regularly conducts her own County Court applications.
Specialisms:
- Commercial disputes
- Debt recovery
- Insolvency
Experience to date includes the following;
Director / Shareholder Disputes
- Acting for shareholder petitioners in unfair prejudice actions in circumstances where the shareholder considers that their shareholding has been devalued through actions of the other shareholders. The basis of such claims has included excess remuneration paid to other shareholders, failure to pay appropriate dividends, misapplication of company funds or property and diversion of business to another company.
- Advice to both companies and directors, as well as bringing and defending claims, in relation to actions taken by company directors amounting to potential breaches of fiduciary duties including inducement to breach of contract, diversion of business and failing to act in the best interests of the company.
IT Disputes
- Acting for various clients in relation to contracts for the provision of IT / software services, recent work includes; assisting in a complex IT dispute defending a claim brought by the prime contractor and systems integrator against a sub-contractor client pursuant to a software development agreement. The value of the claim and the defendant’s counterclaim exceeded £1.1m and related to breaches of the subcontract and additional costs incurred by the parties in defect fixing after go-live.
Intellectual Property
- Advising on as well as bringing and defending proceedings on behalf of companies arising out of breach of copyright, design right, confidential information and breach of employment / contractual duties involving former employees and contractors, obtaining wide-ranging undertakings from defendants preventing further misuse and loss.
Contract Disputes
- Bringing and defending proceedings arising out of breach of contract including alleged unlawful termination, failure to supply goods or services in accordance with the agreement and failure to comply with other contractual obligations. Matters often involve the consideration of limitation of liability clauses and an analysis of loss suffered. In many cases successful settlements have been achieved without the need for recourse to the Court.
Commercial Agency
- Advising principle clients generally on termination of agency agreements to minimise exposure arising from the Regulations. Conducting negotiations with solicitors acting for commercial agents in relation to claims for compensation or indemnity payments.
Partnership Disputes
- Providing general advice to business partners in dispute in various industries. Matters include consideration of partnership agreements and relevant provisions of the Partnership Act in circumstances where no formal agreement exists. An in-depth knowledge and understanding of partnership accounts and the remedies available to individual partners is often necessary.
Defamation
- Bringing and defending proceedings as well as drafting and responding to letters of claim on behalf of client companies arising from defamatory comments and malicious falsehoods appearing on websites, publications and in other forms of communication. Work has also involved the successful removal of defamatory website content through correspondence with the Internet Service Provider in the USA;
Debt Recovery and Insolvency
- Advising clients on debt recovery and where appropriate preparing formal demands for payment pursuant to the Insolvency Act;
- Commencing and defending winding up proceedings.
