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Neil Fawcett

Year of Call: 2006
Email Address: neil.fawcett@3pb.co.uk
Telephone: 0121 289 4333

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Commercial

Neil is an experienced commercial litigator, specialising in disputes involving high value contracts, as well as company, partnership and LLP law and claims against professionals.

  • Freezing Injunctions in the Commercial Court to secure compliance with contractual obligations.
  • Partnership litigation, including disputes within the financial, legal and construction sector. He has advised on the full panoply of disputes that can arise including dissolution, partitions, buy-outs. Claims under the Partnership Act 1890  and detailed accounts and inquiries.
  • Agency of all types, but particularly in relation to banking and financial services, the parties Debtor-creditor-supplier Consumer Credit Act agreements and professional agency.
  • Commercial and business contracts, especially where contentious issues have arisen to do with construction of terms, formation, breach and termination, the adequacy of consideration, the law of compromise, penalty and exclusion clauses, misrepresentation, mistake, fraud, forgery, estoppel arguments, assignment and the imposition of trusts and fiduciary duties.
  • Contracts for the sale of goods and services, and construction specific contracts with specific experience with in the engineering and technology sectors.
  • General credit and security matters including commercial asset-finance agreements, consumer-credit agreements, hire-purchase agreements, conditional-sale and credit-sale agreements involving complicated litigation over the construction of such agreements and claims for delivery-up, following and tracing.
  • Bills of exchange and banking contracts, dealing especially with the relationship between banker and customer, the duties of bankers, bank-mandates and breach-of-mandate claims, overdrafts, interest and charges, the payment of cheques, direct-debits and principles governing countermand, joint accounts and the effect of partnerships and their dissolution on contracts of banking.
  • Enforcement or challenging contracts of suretyship (guarantee and indemnity clauses), dealing with defences thereto, discharge of sureties and construction of clauses as either guarantees, indemnities or letters of comfort.

Business financing

Neil has acted on a wide range of litigation for banks/financial institutions as well as for companies and sometimes individuals defending banking and possession claims against them.

His experience covers all aspects of banking litigation in addition to drafting pleadings and attending directions hearings, application hearings, including for summary judgment and strike-out and attending trials and appeals, often where there are complex or highly technical issues of law to be resolved on the multi-track in the High Court or County Court.

Practice areas:

  • Mortgages and Charges over Land.
  • Possession claims.
  • Claims based on undue influence, duress and fraud (especially involving problems with possession orders arising under Albany Homes v Massey).
  • Land Registration (including detailed advice regarding notices, restrictions and priorities).
  • Consumer Credit Act claims.
  • Mis-selling claims and other breaches of MCOBS by mortgage lenders.
  • Claims under indemnity and guarantee agreements.
  • Breach of mandate claims.
  • Defending negligence claims against banks.
  • Recovery of overdrafts and loans.
  • Professional negligence actions against conveyancing solicitors in mortgage cases.
  • Hire-purchase, leasing and conditional-sale agreements.
  • Publications
    • 29th Apr 2020

      Two of 3PB’s specialist commercial litigation barristers, David Berkley QC, 3PB’s Head of Chambers and Neil Fawcett have reviewed business insurance claims arising from the current Coronavirus pandemic. Their review points out that some insurance companies deliberately sought to exclude respiratory diseases from their policy following the outbreak of SARS in 2003; and recommends that businesses should conduct a detailed examination of their business interruption policy wording.

      View Publication
    • 29th Nov 2019

      Neil Fawcett analyses the case of Venson Automotive Solutions Ltd v Morrison's Facilities Services Ltd and others [2019] EWHC 3089 (Comm) (9 October 2019), in which the High Court considered the interpretation and purpose of ‘no set-off’ clauses and how they impact on parties’ rights and remedies.

      This article was first published by Lexis®PSL on 29/11/2019.

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    • 24th Dec 2019

      Neil Fawcett analyses the decision in Wilson (as administratrix of the estate of the late John Wilson) and others v Beko plc [2019] EWHC 3362 (QB) which considered whether strict liability claims could be brought under section 41(1) of the Consumer Protection Act 1987 (CPA 1987) in the context of the Directive of the Council of the European Communities, dated 25 July 1985 (No 85/374/EEC), on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products(‘the Products Directive’).

      This article was first published by Lexis®PSL on 24/12/2019

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    • 29th Oct 2019

      Neil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well principles of construction in relation to contracts of good faith.
      Neil is a Commercial Law barrister specialising in Commercial Contracts and Business Financing.

      This article was first published by Lexis®PSL on 29 October 2019.

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Academic qualifications

  • BSc (Hons) in Chemistry, University of Birmingham
  • Graduate Diploma in Law, University of Birmingham
  • Bar Vocational Course, Inns of Court School of Law, London

Professional qualifications & appointments

  • Deputy District Judge, 2015
  • Called to the Bar, Lincoln’s Inn, 2006

Professional bodies

  • Property Bar Association

Direct Access

Neil Fawcett is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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