Alexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute.
Clerk Details
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Overview
Alexander Whatley is a commercial, chancery and property barrister. He has been recommended in Legal 500 as a ‘Tier 1 Leading Individual’ in Commercial Litigation in 2023 and 2024 as well as a Leading Junior in Commercial Dispute Resolution in Chambers and Partners 2024.
Before joining the Bar, he worked in a City advisory firm conducting investigative corporate intelligence for global merchants and hedge funds in the field of international commodity trading.
Alexander is also available for instruction through Direct Access.
Expertise
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Commercial Add this expertise to your shortlist ‘Alexander is an experienced trial advocate and regularly acts in complex High Court litigation. Clients note his tactical judgment and targeted pursuit of both their strategic and commercial objectives.’
Recent cases include:
- T & AUD Ltd [2023]: Represented a Chief Executive in a defamation action against his former employer following allegations of improper financial reporting.
- S & S v D [2023] - Successfully represented the Claimants in a three day trial. The Defendant had fallen asleep at the wheel and subsequently collided with the Claimants' house. The Defendant insurer denied any of the structural damage was caused by the collision due to cosmetic nature of the exterior damage. After days of cross examination of experts in the fields of structural engineering and building pathology the Court awarded the Claimants over £120,000 in addition to punitive costs and interest.
- T Ltd v G Ltd [2022] - Representing the Defendant in a High Court Recruitment Agency dispute valued at £1.5m.
- SF Ltd v DC, LB & Others [2022] - Representing three Defendants in a High Court dispute concerning claims of conspiracy, breaches of fiduciary duties and directors duties, constructive trusts and unjust enrichment.
- TP Ltd v GR Ltd [2022] - Representing the Defendant in a High Court King’s Bench Division agency dispute.
- C’s v H, H & L [2021] - Successfully represented 22 Claimants as lead counsel in a 7-day trusts trial involving donors in a Muslim prayer group each of whom were alleging the Defendants had committed breaches of trust, failure to account and fraud.
- IR v TR [2022] HF Ltd v RF Ltd [2020] CS v HH Ltd [2019] FP Ltd v LT Ltd [2018] A T Ltd v M C Ltd [2018] W K v CWC Ltd [2018]; et al - Represented both Claimants and Defendants in a sequence of recruitment agency litigation – ATOW Alex has not lost a recruitment trial.
- LG Ltd v HD Ltd [2021] – Ongoing. Representing the Claimant in a High Court estate agency claim valued at £1.1m.
- BP Limited v MM Ltd [2021] – Ongoing. Representing the Claimant in a High Court planning contract dispute.
- CHS Ltd v TL Ltd [2021] - Ongoing. Representing the Defendant in a £460,000 recruitment agency claim.
- P v D [2021] - Successfully represented the Claimant in a dispute with his accountant concerning allegations of fraud, misrepresentation and unjust enrichment.
- L v C [2020] - Successfully struck out the defective pleadings of an unrepresented party and secured a costs order for the Defendant.
- M v R [2020] - Successfully represented the Claimant in High Court proceedings to recover a judgment debt through enforcement.
- C & C v D [2019] - Represented the Claimants in a 3-day misrepresentation trial involving an alleged village conspiracy, abusive neighbours and the existence of ghosts.
- Bank v R & R [2019] – Successfully acted for two individuals in a misrepresentation action against a national bank concerning a £250m fraud.
- R v M [2019] – Successfully defended a contract claim arising out of a university start-up venture which had transformed into a multi-million-pound media company.
- In the Matter of W E PLC [2018] – Successfully acted for the company in the High Court over the course of several months in an application to reduce their share premium account and transfer to special reserve in the amount of £6m.
Contract
Alexander provides representation and advice in the following areas:
- Agency law with a sub-speciality in recruitment and estate agency litigation
- Energy. Acting in trials concerning the ECO/ Green Deal and the supply and installation of energy-generating equipment.
- Franchise agreements including advising on a dispute with an international franchising company in the milkshake industry.
- Utilities with sub-speciality in water supply contracts for individuals and companies including extensive experience with the OFWAT guidance.
- Reputational damage arising out of breach of contract including a successful recovery of damages arising from a horse trainer being labelled dishonest after feed purchased from a supplier was found to contain prohibited substances
- Consumer law advising and acting in cases concerning consumer contract regulations, consumer protection and UCTA.
- Residential and commercial construction disputes
- Misrepresentation in both tort and contractual claims.
Commercial Litigation, Insolvency and Company Law
- Commercial Agents Regulations
- Competition and Pricing regulations
- Reduction in Share Capital Applications
- Shareholder Misfeasance including illegal conduct arising out of the Companies Act 2006
- Breach of fiduciary duty claims
- Professional Negligence with extensive experience against architects, surveyors and estate agents
- Extensive experience in conducting and opposing relief from sanctions applications
- Product liability including advising on a defective paint grenade
- Travel-related claims including international timeshare agreements
- Libel claims arising from online defamation and reputational damages.
- Limitation
- Part 36 disputes
- Restitution Claims including Unjust Enrichment.
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Property and Estates Add this expertise to your shortlist Alexander Whatley’s Property and Estates practice focuses on disputes between landlords and tenants and he is regularly instructed to advise on property disputes involving Breach of Covenants, Relief from Forfeiture, Construction Contracts and Service Charges.
Commercial Landlord and Tenant
Alexander has a wealth of experience acting for large retailers, developers, pension trusts and public authorities, as well as commercial tenants.
Alexander’s experience covers matters including; lease renewals (incl.1954 act matters), forfeiture, disrepair, dilapidations, and service charge disputes. Understanding the commercial pressures both landlords and tenants are under, Alexander works with his clients to resolve issues and disputes as quickly and efficiently as possible.
Residential Landlord and Tenant
Acting for both landlords and tenants, Alexander advises in all aspects of this sphere from disrepair, breach of covenant, unlawful eviction, trespass and quiet enjoyment to anti-social behaviour nuisance, and harassment including housing related issues, such as homelessness.
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Articles -
Incorrect invoices: the consequences of failing to name your price
18th Aug 2023View Article -
The sound of silence in contractual interpretation
16th Feb 20233PB commercial, chancery and property barrister Alexander Whatley has written about the impact of the decision in Barton v Morris [2023] UKSC 3. He has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation.
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Vicarious liability for fraud and reliance-based torts
12th Dec 2018View ArticleIn torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. Alex Whatley analyses the Court of Appeals recent decision in Winter v. Hockley Mint Ltd [2018] EWCA Civ 2480.
Alex Whatley is a Commercial Law barrister specialising in business disputes and Agency. Click here to view his profile.
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Recommendations Alexander Whatley is a highly respected barrister with expertise in a range of commercial disputes. He is sought after for expertise in areas including breach of trust, contractual disputes and property matters.
Strengths:
“Well prepared and quick on his feet.”
“Alex has the ability to deal with all situations and can think on his feet to get a great result.”Chambers 2024/Commercial Dispute Resolution /Western Bar
'Alexander Whatley is a strong and persuasive advocate, with an excellent grasp of the facts and an ability to cut through to the heart of a matter. Exceptionally well prepared with a calm, analytical approach. He delivers clear, concise advice in a client-friendly manner.'
Legal 500 2023/Commercial Litigation/Leading Juniors/Western Circuit - Ranked in Tier 1
‘Alexander has a very analytical mind. He is an extremely well prepared barrister who knows the client's case inside out. He provides his advice in an approachable and user-friendly manner.’
Legal 500 2022/Commercial Litigation/Leading Juniors/Western Circuit
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3PB Commercial law barrister Alexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute. In reaching its decision, the High Court examined the cases of Ruttle Plant Hire Limited v Secretary of State for...
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