Commercial

Commercial

print

Toby Gee has broad experience of acting in business disputes, ranging from simple breach of contract claims to disputes relating to complex transactions and commercial relationships between companies of national significance, involving multiple parties and causes of action, and/or complex or novel legal issues.

  • Junior counsel for the successful defendant in Holliday Pigments v WBB. Supply of kaolin china clay – allegations: clay mineralogy out of specification, causing failure of chemical process for producing ultramarine blue pigment. £2.6M claim. Result: Claim discontinued shortly before trial.
  • Represented the successful contractor Amey in LB Silica Sand v Central Bedfordshire Council / Amey LG Ltd. Landslip in quarry allegedly due to highway drainage maintenance works. Up to £3.4M claimed. Claim against highway authority and highway maintenance contractor. Negligence / Rylands v Fletcher/strict liability under s.100 of the Highways Act 1980. Ex turpi causa in relation to claimant’s alleged breach of the same section. Breaches of planning requirements. Whether an easement existed in relation to the relevant drainage. Geotechnical evidence – cause and severity of landslip. Result: After late vacation of two successive trial dates, claim struck out for non-compliance with order for security for costs.
  • Alleged negligence in the supply / installation / upgrading of corona discharge equipment for the treatment of polythene film. £1M claimed.
  • Finance company claiming return of loans under block agreement with CFA claims providers, c. £1.25M claim.
  • “Battle of the forms” contractual dispute after destruction of railway maintenance equipment by vandals.
  • Sale of goods, supply of services including skilled services. E.g. sole distribution agreement for computer hardware, design and installation of computer system.
  • Contamination of wine bottling plant allegedly by defective water softener / absence of adequate filters – claim against manufacturers and designers of plant.
  • Contamination of pharmaceutical powder during grinding.
  • Escape of domestic fuel oil due to tank failure during delivery causing contamination and possible contamination of aquifer.
  • Pipeline for sewage outfall, alleged defects.
  • General construction; instructed as one of large team of counsel in Norwich Union v Schal (claim pleaded at £124 million – alleged professional negligence of construction manager, architects, engineers, quantity surveyors).
  • Negligence of burglar-alarm monitoring company. Contractual chain. Duty of care to property owner where not in direct contractual relationship.
  • Disputes relating to dairy cows (robotic milking machines; agistment of dairy cows on unsuitable ground).
  • Disputes relating to wine industry (alleged wrongful transfer of water permit used for irrigating vines; allegedly negligent design of wine bottling plant causing contamination of wine; shattering sparkling white wine bottles).
  • Advising an international company in relation to a substantial underpayment of Fire Insurance Levy.