Paul Ashwell

Commercial

Selected Cases

Contracts

• Successfully acting for introducer of investors to European biotechnology funds in court an action outside the UK for unpaid commission for the introductions.
• Acting in Hamburg-based ICC Arbitration for UK purchaser of machinery manufactured in Romania under UN Convention on Contracts for International Sale of Goods.
• Representing home-owner in claim against building contractor who walked off site after demolition and before construction began.
• Acting in dispute over timber shipped from the Baltic where the UK buyer was a fraudster.
• Premia Marketing Ltd. v Regis Mutual Management Ltd. [2021] EWHC 2329 [QB]: Winning commission for commercial introducer of insurer to client, making new law on Interest under the Late Payment of Commercial Debts [Interest] Act 1988.
• Acted for a public authority in dispute over liability for defective terra cotta cladding of car park.
• Dispute over  payment for aircraft parts destined for end-users in Middle East that were detained by Federal Authorities in the US.
• Dispute over contract for provision of computer-based EU monitoring of emissions and purchase of carbon credits for large fleet of aircraft following expansion of aircraft operator by reverse takeover.
• Acting in High Court for managing agent of owner of multi-storey car park against surveyor and contractor after resurfacing fails and leaks occur.
• Dispute over recovery of underpaid manufacturing royalties by a licensor.
• Defending contractor when ceiling fixings fail not long after a school was renovated and contractor was not given opportunity to rectify
• Drafted complex assignment of substantial judgment debt.
• Advising on dissolution of partnership owning care homes and interpretation of partnership agreement.

Directors, Companies & Partnerships

• Representing in mediation an equal shareholder in a company owning a chain for children’s nurseries on a buy-out by the other equal shareholder.
• Variation of undertakings given on restoration of company to register.
• Advising directors on personal liability in event of company incurring substantial uninsured liabilities.
• Acting for minority shareholders where the sole director was making a claim against the company and not defending it. Succeeded in devising a fast and economical solution without an expensive and time-consuming Companies Act 2006 section 994 petition.
• Advising shareholders of company in a large group which was voluntarily dissolved forgetting that it was the commercial lessee of spaces at shopping malls. What was the effect on leases of disclaimer by Crown?
• Effect of guarantee executed by attorney under power of attorney.

Insolvency

• Represented creditor in high profile bankruptcy petitions against James Stunt.
• Action against liquidator to accept creditor’s claim for £2,000,000.
• Getting high value statutory demands against a married couple set aside.
• Advising a company when third party trying to rely statutory demand on incorrectly served on it.
• Advising former members of Limited Liability Partnership on disclaimer of leases under which LLP was the tenant.