Wendy Parker

Call:1978

 
Introduction and Contact details

Wendy is a member of Chambers’ Commercial, Property and Insurance Divisions and undertakes most areas of work within those fields.  She has developed a strong practice both as an adviser and advocate and has experience of appearing in the specialist commercial and property forums as well as in County Courts and the Court of Appeal.

Wendy has been involved in many technically complex cases. Wendy has a strong academic background which she combines with a practical and common sense approach in order to assist clients in achieving their objectives.

 ‘a strong advocate, whose analytical approach unravels complex legal problems’ – Legal 500 (2009)

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: wendy.parker@hardwicke.co.uk

COMMERCIAL

Wendy is an experienced advocate in all arenas and is a keen exponent for a business-like approach to legal disputes and their early resolution. The major element of Wendy’s commercial practice relates to commercial disputes involving recovery, title retention, and disputes arising from construction contracts; Wendy also undertakes work in all aspects of commercial litigation including; agency and commercial agency; claims for restitution; debt factoring and debt recovery;

Wendy’s practice covers a wide range of contractual and professional negligence claims.  The contractual side includes agency, bailment, sale of goods, supply of services, exclusion and limitation of liability clauses, guarantees and indemnities, misrepresentation, quasi contract and restitution and conflict of laws.  She is experienced in all forms of resolution, whether by litigation, arbitration or ADR.
Arbitration

Wendy’s experience lies in domestic arbitration, often in partnership disputes. 

Recent Work

• Dispute between family members (former business partners) following dissolution of partnership.
• Dispute concerning the treatment of payments towards acquisition of assets in one partner’s name.

Banking, Finance & Credit

Wendy has a wide knowledge of banking and finance and regularly advises financial institutions and investors alike.  She has an extensive knowledge of the law relating to mortgages, loan agreements and 'risk'.

Recent Work

• Representing Tulip Holdings Plc, the (first) successful under-bidder in a multi-million pound take-over battle, advising on strategy and the financial documentation required by The Panel.
• Advising in the recent case of Protec Scaffolding v Deborah Services Limited, a case involving a comprehensive review of the (historic) reversal of costs orders in winding-up petitions.

Civil Fraud

Wendy deals with all aspects of civil fraud such as obtaining injunctions, recovering assets, establishing or challenging the jurisdiction of the courts, and enforcing any judgment obtained. When working in this area, she is able to draw on her knowledge of company, partnership, insolvency, and property law.

Relevant Cases

McCreanney v McCreanney and others [2003] All ER (D) 161 (Apr)
Case concerning economic duress, an unconscionable bargain and the validity of a property transfer.

Companies

Wendy undertakes a broad range of corporate work including disputes arising from the sale of businesses or companies, disputes between those involved in the running of business through the medium of companies, quasi partnership and derivative claims and actions for breach of director’s duties.

Recent Work

• Restitutionary claims by creditors and individual directors regarding  assets held in legal ownership of various companies,
• Minority shareholding dispute based on quasi partnership
• Minority shareholding dispute between members of the same family as to treatment by controlling shareholders of income and assets of property owning company.
• Derivative claim brought by executors of  former director
• Claim against liquidator of company arising from the loss of goods the subject of bailment on company premises on the basis that the liquidator knew or ought to have known that goods did not belong to company.

Insolvency & Restructuring

Wendy Parker is an established name in the field of Insolvency, both corporate and personal, with particular specialisations in reconstructions, solvent and insolvent schemes of arrangements, asset recovery and related professional negligence, including solicitors and accountants, director’s duties and disqualification. Recent cases have included substantial building and construction disputes, charter-party agreements and liens, many of which have an international or cross-border dimension.
Wendy regularly appears in the High Court, and advises Companies on effective strategies for both hostile and management- led takeovers and disputes.

Wendy handles all aspects of company, regulatory and insolvency law, advising companies on both nationally and internationally. Corporate, partnership and individual insolvency forms the bedrock of her practice. She has advised on numerous partnership issues including dissolution and Section 459 applications. She has experience in the drafting of partnership and LLP agreements as well as advising on take-overs and acquisitions. Wendy regularly appears in the High Court, and advises Companies on effective strategies for both hostile and management- led takeovers and disputes.

Wendy has particular interest in insolvency work, both corporate and personal, with particular specialisations in reconstructions, solvent and insolvent schemes of arrangements, asset recovery and related professional negligence, including solicitors and accountants, and director's duties and disqualification. Recent cases have included substantial disputes concerning charter party agreements, liens and building disputes which have an international or cross-border dimension.

Recent Work

• Advising on the re-structure and management buy- out of a multi- national soft ware company.
• Advising a major building contractors on the presentation of  winding up petitions in relation to final account statements under  JCT and Design and Build Contracts
• Advising Trustees in relation to complex property and carousel frauds
• Advising a Trustee in relation to misfeasance allegations.
• Representing Tulip Holdings Plc, the  (first) successful under-bidder in a multi-million pound take-over battle, advising on strategy and the financial documentation required by The Panel.
• Advising in the recent case of Protec Scaffolding v Deborah Services Limited, a case involving a comprehensive review of the (historic) reversal of costs orders in winding-up petitions.
• Advising on the use of prohibited names

Relevant Cases

Re a Company No 8943 of 2004 [2006] All ER (D) 85 (Dec)
Case involving the dispute of a compulsory winding-up of a company, by a creditor and the company representatives.

Best Beat Ltd v Rossall [2006] EWHC 1494 (Com)
Represented the tenant of business premises to which Part II of the Landlord & Tenant Act 1954 applied. They requested a new tenancy but Best Beat Ltd served a notice opposing the same which Mr Rossall decided not to contest, giving rise to the right to compensation payable by Best Beat Ltd to Mr Rossall. Best Beat Ltd did not pay Mr Rossall who petitioned for the winding up of Best Beat Ltd. Best Beat Ltd applied to stay the winding up petition under s 9 of the Arbitration Act 1996 based upon certain provisions contained in the lease referring to arbitration.

Panther Platforms Rentals Ltd v Access Rentals Ltd [2004] All ER (D) 35 (Dec)
Case in which the petitioner argued that  there had been evidence before the registrar of an undisputed debt which a company had shown itself unwilling to pay, that there was no requirement that the petitioner serve a statutory demand in order for it to be entitled to present a winding up petition.

Gustavi v Moore [2003] EWHC 3101 (Ch)
Appeal against dismissal of their application to set aside statutory demands presented against them by the respondents.

Re a debtor (No 41 & 42/SD/2003) [2003] All ER (D) 82 (Dec)
Represented the guarantors of a company in respect of the purchase of premises owned by the respondents. When following completion of the sale, £130,000 remained outstanding, a wind-up petition was served.

Re Shamash [2003] All ER (D) 243 (Oct)
Case concerning a bankrupt's application to transfer property back to her.

HM Customs and Excise v Tony Newcombe Ltd [2003] All ER (D) 406 (Jul)
Company seeking to rescind a winding up order.

Partnership

Wendy deals with a variety of partnership disputes.

Recent Work

• Advising partners in litigation over value of dissolved partnership.
• Acting in a case involving the concealment of assets and contracts by one Partner
• The benefits or otherwise of LLP’s and Solicitor’s practices

Professional Negligence

Wendy’s experience of working for solicitors has gained her expertise in property-related professional negligence disputes where the defendants are solicitors or surveyors.

Recent Work

• Advising lenders and solicitors in relation to mortgage fraud;
• Acting for the claimant purchaser in a solicitor’s negligence case where the defendant had failed to identify restrictions in title and/or defective leases..

Trade

Wendy has extensive experience of contractual and connected disputes whether between companies, partnerships and individuals.  She deals with matters of agency, bailment, supply of goods and services, conflict of laws, exclusion and limitation of liability clauses, misrepresentation, guarantees and indemnities, quasi contract and restitution.

INSURANCE

Wendy is experienced in the interpretation of insurance policies and in matters of coverage.  She has dealt with a number of claims against insurers on the policy, including claims defended on the grounds of non disclosure or that the event was not covered or that the premium was not paid; also claims where the issue is the quantum of loss or level or quantification of a business interruption claim.  

Recent Work

• Acting in a claim against the liquidator of company arising from the loss of goods the subject of bailment on company premises on the basis that the liquidator knew or ought to have known that goods did not belong to company.

PROPERTY & PRIVATE CLIENT

Wendy advises a wide variety of clients, statutory authorities, companies and individuals on real property issues such as title and competing proprietary interests The interpretation of leases is also a significant element of this area of her practice

Wendy’s property practice has continued to develop with a particular emphasis on cases involving elements of insolvency and its impact on property rights. In particular she has advised in relation to the appointment of Administrators and Liquidators and the priority of charges and their enforceability
As she has done for many years, Wendy regularly prepares and presents seminars on a variety of topics during 2008. She is a keen participant in Hardwicke’s Insolvency for Property Lawyers Seminars.

Recent Work

• Advising in relation to the  beneficial interests dispute between brother and sister
• Breach of user covenants
• A ten day trust dispute over valuable development land with a chronology ranging over 45 years
• Limitation in mortgage arrears claims

Land – Real Property

Wendy has significant experience of all aspects of real property including easements, boundaries and trusts of land.

Landlord & Tenant – Commercial

Wendy focuses on all aspects of commercial landlord and tenant disputes including lease renewals, construction and enforcement of covenants, rent review, alienation and non-payment of rent.

Relevant Cases

Best Beat Ltd v Rossall [2006] EWHC 1494 (Com)
Represented the tenant of business premises to which Part II of the Landlord & Tenant Act 1954 applied. They requested a new tenancy but Best Beat Ltd served a notice opposing the same which Mr Rossall decided not to contest, giving rise to the right to compensation payable by Best Beat Ltd to Mr Rossall. Best Beat Ltd did not pay Mr Rossall who petitioned for the winding up of Best Beat Ltd. Best Beat Ltd applied to stay the winding up petition under s 9 of the Arbitration Act 1996 based upon certain provisions contained in the lease referring to arbitration.

Re a debtor (No 41 & 42/SD/2003) [2003] All ER (D) 82 (Dec)
Represented the guarantors of a company in respect of the purchase of premises owned by the respondents. When following completion of the sale, £130,000 remained outstanding, a wind-up petition was served.

Finsbury Park Mortgage Funding Ltd (t/a Kensington Mortgage Company) v City Properties Ltd [2002] All ER (D) 170 (Mar)
Claimant seeking subrogation under rights of a third party's charge and whether the claimant's interest had priority over the defendant's interest in the property.

Trusts

She has a wide knowledge of the Court of Protection and its workload, and regularly advises on property related trusts and duties relating to commercial trusts.  Wendy also undertakes the drafting of Deeds of Variation.

Trusts of Land

Wendy accepts instructions for advisory and practical work in this subject area and has a great deal of experience in relation to property trusts.

Relevant Cases

Simpson v Simpson and another [2005] All ER (D) 132 (Sep)
Dispute between the parties in relation to the issue of beneficial title to the property.