Marc Wilkinson - Commercial Litigation
Summary: Specialist practitioner in commercial law in a variety of areas, especially claims for breach of contract.
The following are examples of recent subject areas in which Marc has acted:-
1. Disputes involving a range of different business agreements, especially claims for breach of warranty / misrepresentation. Examples include claims in relation to business sale agreements, business stocking agreements, franchise agreements and development management agreements.
2. Sale of goods and supply of services
3. Contracts of hire and credit agreements
4. Guarantees and other forms of security
5. PPI claims
6. Building disputes
7. Shareholder disputes
8. Title disputes, including the seizure of goods and interpleader claims
10. Bank accounts
11. Enforcement of judgments and orders
12. Claims involving mispresentation / mistake and the rescission of contracts
13. Claims involving exclusion clauses, entire agreement clauses, non-reliance clauses and unfair contract terms.
14. Penalties and liquidated damages claims
15. Partnership disputes.
16. Product recall / product liability.
17. Passing off
18. Fraud, including fraud against employers / breach of fiduciary duties
19. Claims for the recovery of professional fees, including solicitor’s fees and estate agents.
20. Claims relating to the construction of written agreements or instruments.
21. Specific performance and injunctions, including freezing orders.
Recent notable cases include:-
Metsa Tissue Ltd v Shield Hygiene  Ch D. Sale of goods claim, with £12m counterclaim for duress, breach of confidence and abuse of market position.
H Ltd v Kendrick  TCC, £1m building dispute.
Blakemore and Chell v Copley  £100,000.00 sale of goods claim.
Grichan v Sage  Ch D, £160,000.00 claim on a personal guarantee.
Derngate Property Developments v Ward  Ch D. £120,000.00 claim for breach of contract.
Work in these areas is undertaken regularly in the County Court, Chancery Division, Queen’s Bench Division, Court of Appeal. Work undertaken in these areas also covers arbitration and mediation.
Marc is an accredited mediator (LSM) and accepts instructions on a direct access basis.
Wolverhampton Grammar School
Selwyn College, Cambridge Ma (Hons)
Lincoln’s Inn (Major Award)
Member of MCCBA AND CBA