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Profile: Commercial Disputes
Experience and Expertise
Ulick has extensive experience of advising and acting in relation to commercial disputes. He has a particular interest in cases where equitable remedies are made available in respect of guarantees and also for abuse of confidence. Although he does not practise in criminal law, he has considerable experience of claims concerning equitable frauds.
He is recommended as a leading junior for Commercial Chancery, Traditional Chancery and Commercial Dispute Resolution matters by Chambers UK and for Commercial Litigation by The Legal 500.
Cases and Work of Note
- Favor Easy Management v Wu  EWCA Civ 1464, appeal dismissed, the judge in deciding what was the true intention concerning ownership of a bearer share in Seychelles company had correctly decided that the solicitor’s files were only snapshots of the instructions received from the Defendant, and the true intentions of the parties could only be derived from the evidence as a whole. The judge was no bound simply to construe the documents in isolation from the realities of the case
- Citibid Securities v Maidment Judd appeal reference CH/2011/0496. Whether the no reflective loss principle explained in Johnson v Gore Wood as extended to creditors by the Court of Appeal in Gardner v Parker  EWCA Civ 781 applied to claims by secured creditors.
- Hydropool Hot Tubs v Roberjot  EWHC 121 (Ch) whether in respect of a mandatory injunction the court could waive the requirement that the order be served with a penal notice endorsed.
- Favor Easy Management v Wu  EWCA Civ 1630 and  1 WLR 1803, Court of Appeal, deciding that Thorpe v Chief Constable of Greater Manchester  1 WLR 665 applied also to the CPR and 31.6CPR did not require parties on standard disclosure to disclose documents going to credit, query specific disclosure.
- Drake v Harvey  EWHC 1664 (Ch) in calculating the sum payable to a retiring partner for his share, should one use the book values of assets as appear in the accounts or use current market values where the partnership deed was silent on the issue.
- Paxman v Hughes  EWCA Civ 818, whether a shareholder and co-director can complain to the court about a breach of fiduciary duty of another director or whether only the company can complain, whether the dead-lock of a company released a director from his fiduciary duty owed to the dead-locked company.
- Witherdale Ltd v Registrar of Companies  EWHC 2964 (Ch)  BCC 412, s653 application to restore a company, applicant had been a director at the date of dissolution, but subsequently made bankrupt, whether he could apply because he was a director at the date of the dissolution despite subsequent bankruptcy, see Re Timbiqui Mines  Ch 319, or whether the company had provisional existence after dissolution of the company, see Re H Clarkson  3 BCC 606 such that his bankruptcy during that period resulted in him being removed from office.
- Gardner v Parker  EWCA Civ 781, Court of Appeal, breach of fiduciary duty and the no-reflective loss principle. The Court of Appeal extended the principle to claims by creditors.
- Colas Ltd v Binns (2004), Chancery Division, breach of warranties on share sale agreements. Runcorn Stone Ltd v Aram Resources Ltd, substantial transactions with parties connected to directors, s320 of the Companies Act and breach of fiduciary duties.