Harriet Fear Davies

Call 2007
Email harrietfear.davies@3pb.co.uk
Download PDF version

---

Business & Commercial Law

Harriet has been involved in a wide range of commercial disputes and advisory work since joining 3PB. She provides commercial advice, drafts the full range of pleadings and is an effective advocate.

She has undertaken a number of cases concerning the Consumer Credit Act 1994, acting for both creditors and debtors in relation to regulated agreements. Recent cases include:

• Advising on the effect of a defective default notice;
• Advising on whether a specific agreement was covered by the CCA;
• Acting for a petitioning creditor in insolvency proceedings in which issues arose concerning the applicability of the CCA and the business exemption in s.16B.

Harriet is regularly instructed in insolvency matters, often appearing in the Companies Court in relation to petitions for the winding up of companies and before Bankruptcy Registrars in personal insolvency proceedings, as well as taking instructions relating to applications to set aside statutory demands. Harriet has also appeared in the High Court seeking permission to appeal in the context of a statutory demand.

Since Harriet also practises in employment law, she is ideally placed to advise on issues with an employment-commercial cross-over, for example where fiduciary duties are involved in the matter or where breaches of confidence are alleged.

Harriet regularly receives instructions relating to disputes concerning the provision of utilities (gas, electricity and water), applying the relevant statutory regimes where applicable, and in this respect builds on experience she gained when she worked in the legal team at Ofgem.

Prior to joining the Bar Harriet had a successful career within the media division of Reuters. After completing the BVC she also spent a year as a Legal Advisor at Ofcom. She is familiar with the Ofcom Broadcasting Code and is able to provide advice and prepare written submissions in relation to potential breaches of its requirements. She is also able to advise on other aspects of Ofcom’s licensing regimes.

Harriet also provides advice in Competition Law matters. In addition to her practice in this respect she also has the following experience gained whilst a pupil and at Ofcom:

• Assisting in a case concerning whether a price charged for licensing was Fair Reasonable and Non-Discriminatory (FRAND).
• Providing an initial advice as to whether a public body had acted anti-competitively in a procurement context.
• Considering whether competition law issues arose in the context of withdrawing a major sporting event from a particular venue, in particular whether there was abuse of a dominant position.
• Assisting her pupil supervisor with matters arising in the vitamins cartel case of Devenish Nutrition Ltd v Sanofi-Aventis SA
• Preparing Ofcom’s defence in proceedings in the Competition Appeal Tribunal in relation to mobile number portability (see Vodafone & ors v Office of Communications [2008] CAT 22).

Harriet has experience in matters concerning both the Data Protection Act 1998 and the Freedom of Information Act 2000. She prepared written submissions on behalf of Ofcom to successfully resist an appeal to the Information Commissioner (ref: FS50187452).

Harriet is happy to take instructions in matters concerning the contractual aspects of holiday claims, including those arising under the Package Travel, Package Holidays and Package Tours Regulations 1992, and damages for distress, disappointment and loss of amenity.

Harriet gained a range of experience in private international law matters whilst a pupil, including assisting in a number of choice of law cases, and an application for security for costs where assets were held out of the jurisdiction (Ovlas Trading S.A v Strand (London) Ltd v Anr [2008] EWHC 3236 (Ch)).

As a pupil Harriet assisted in several cases concerning financial regulatory issues, including rare proceedings brought by the Panel on Takeovers and Mergers. She assisted in preparing for, and then attended, hearings before the Regulatory Decisions Committee of the FSA and the Financial Services and Markets Tribunal. She also assisted in preparing for LSE/AIM disciplinary proceedings, and in advising in the context of FSCS compensation.

During pupillage Harriet was also involved in two of the high profile cases involving the Russian oligarch Boris Berezovsky: his dispute with Roman Abramovich, and his claim for a share of the estate of Arkady ‘Badri’ Patarkatsishvili. She also assisted in the Technology Investors v Collyer-Bristow & ors proceedings which are included in the Lawyer’s list of Top 20 cases of 2011.

Harriet also has experience of Group Litigation work, having assisted in the case of Barr and Ors v Biffa Waste Services Ltd including preparing for a Case Management Conference and application for a cost capping order (see Barr and Ors v Biffa Waste Services Ltd (No. 2) [2009] EWHC 2444 (TCC)).

Other commercial matters in which Harriet assisted as a pupil include:

• SRM Global Master Fund LP v Commissioners of Her Majesty’s Treasury [2009] EWCA Civ 788, [2010] BCC 558 (Northern Rock shareholders’ appeal to the Court of Appeal)
• Spring Finance Ltd v HS Real Company LLC [2009] EWHC 3580 (Comm) (application for summary judgment: contractual dispute raising issues of estoppel by convention)
• Assisting with the drafting of a skeleton argument in a dispute concerning the value of a rock band’s name as an asset following dissolution of the partnership.
• Without notice ex parte applications for search orders.