Alexander Whatley oct 2020 2

Alexander Whatley

Year of Call: 2014
Email Address: alexander.whatley@3pb.co.uk
Telephone: 01202 292 102
Clerk Name: Abi Griffin
Clerk Telephone: 01202 292102
Clerk Email: abi.griffin@3pb.co.uk

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Overview

Alexander Whatley has a busy civil practice incorporating Commercial, Personal Injury and Property.

Alexander joined 3PB after successful completion of his pupillage. Before commencing his career at 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.

Competitions:

  • Finalist in the Thomas A. Finlay International Mooting Competition
  • Winner of Southampton Law Society Negotiation Competition
  • Winner of Southampton Speed-Mooting Competition

Expertise

  • Commercial
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    Alexander Whatley regularly conducts Fast and Multi-Track commercial trials in addition to representing parties in mediations and other forms of alternative dispute resolution.

    Recent cases include:

    • 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.
    • 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.
    • 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 is a contract specialist providing 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.
    • Claims in restitution relating to business and commerce
    • 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
  • Personal Injury
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    Personal injury forms the centre of Alex’s practice. He regularly appears in matters in the Multi-Track and Fast Track concerning:

    • Road traffic accidents
    • Employer’s liability
    • Occupier’s liability
    • Product liability
    • Vicarious liability
    • The Highways Act
    • Psychological Injuries
    • Chronic pain injuries
    • Fundamental Dishonesty

    Alex regularly conducts multi-track matters involving fraud, exaggerated claims, low velocity impacts and fundamental dishonesty.

    Alex has considerable experience drafting pleadings and advices in complex personal injury cases including matters involving permanent conditions and provisional damages.

    Credit Hire

    Alex has extensive knowledge in credit hire matters through regular instructions in high value fast track disputes. He undertakes work on both claimant and defendant sides and has dealt with cases covering the complete range of credit hire issues.

     

  • Property and Estates
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    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.

  • Articles
    • Vicarious liability for fraud and reliance-based torts

      In 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.

      View Article

Academic qualifications

  • Kaplan Law School BPTC
  • University of Southampton LLB Law

Scholarships

  • Inner Temple Profumo Scholarship
  • Inner Temple Major Exhibition Award
  • Inner Temple Duke of Edinburgh Award
  • Kaplan BPTC Future Potential Scholarship

Professional qualifications & appointments

  • London Commercial Bar Association
  • BPP Civil Forensic Accountancy Course
  • Commercial Bar Association