Alexander Goold

Call:1994

Introduction and Contact Details

Alexander has been a member of chambers at Hardwicke throughout his professional career.

Alexander specialises in all aspects of commercial dispute resolution, whether in the High Court or County Court, international or domestic arbitration, mediation or other ADR.  He holds a Diploma in International Commercial Arbitration and is a Member of the Chartered Institute of Arbitrators.  He is an accredited Mediator.  He is a member of chambers’ specialist franchising team.  He is able to accept direct instructions on Public Access in appropriate cases.

Outside the law, he enjoys cycling, ski-ing and playing the piano.

Tel:   0207 691 0019 ddi
Mob:  07776137979
Fax:   020 7691 1234

Email: alexander.goold@hardwicke.co.uk

COMMERCIAL

Alexander has experience of a wide range of commercial cases.

Arbitration

Alexander has experience of arbitration, mediation and other ADR as ways of resolving disputes. He is accredited by ADR Group as a Mediator.

Recent work

• An ICC Arbitration for c.US$4 million, brought by a corporate finance house for its unpaid success fees, following the sale of a majority shareholding in a national telecoms company. The dispute concerned the correct interpretation of the provisions of a corporate finance mandate.

Banking, finance & credit

Alexander’s banking experience particularly relates to corporate finance

Recent work

• Acting for the sellers of the shares of a business in a claim for payment of sums due under loan notes issued in part-payment of the purchase price, where the buyers were counterclaiming for damages for breach of warranty.
• Disputes concerning the termination of a financial adviser’s engagement and the recovery of payments made.
• Advising a former employee of an investment bank as to the terms of his remuneration under a consultancy agreement with the bank, following the termination of his employment.
• A claim by a corporate financier for c.€1.5 million for effecting the introduction of a corporate finance house to handle the sale of Europe’s largest yacht manufacturer.
• A claim for c.US$10 million on the sale of an Airbus A340 owned by a member of the Saudi Royal family to a Middle-Eastern Head of State.  Responsibility for both settling pleadings and a substantial witness statement in support of an application to serve out of the jurisdiction in Saudi Arabia.

Other significant experience

• A multi-million euro (c. €100m) dispute arising out of a failed consortium to buy out a small arms manufacturer from its parent company.  Issues included the enforceability of ‘lock-out’ agreements;, restraint of trade, deceit, conspiracy, the fiduciary duties owed by Joint Venture Partners, constructive trusts, and, exceptionally, an account of profits/‘restitutionary damages’ for breach of contract.
• One of the leading decisions on the duties owed by the giver of a reference to the subject of that reference (a claim arising out of an alleged negligent reference about a former appointed representative in the financial services industry, given by his former principal, a well-known financial services provider).

Alexander also undertakes non-contentious advisory work, such as advising a litigation funder as to the viability of developing a scheme to target loan mis-selling that was defective under the Consumer Credit Act 1974 or bearing single premium payment protection insurance.  An earlier significant matter was advising the PIAOB/FoS both as to the principles on which compensation is to be awarded in cases of endowment mortgage mis-selling and in individual claims for compensation of difficulty or complexity.

Reported cases

Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz Al-Saud [2009] EWCA Civ 353
Service out of the jurisdiction and whether England or Libya is a more convenient forum.

Compere Associates Limited v Keith Halsey & others [2004] EWHC 1317 (Ch) Morritt VC
The enforceability of a ‘lock out’ agreement between Joint Venture Partners.

Kidd v Axa Equity and Law Life Assurance Society plc & Another [2000] IRLR 301
The duties owed by the giver of a reference to the subject of that reference.

Franchising

Alexander has always undertaken franchising work and it forms an important part of his practice.  He acts for both franchisors and franchisees.

Recent work

Franchisor

• Successfully defending at trial, a claim brought by a former franchisee for the recovery of initial fees paid for a fitness club franchise.  Issues included fraudulent/negligent misrepresentation, whether there was a concluded agreement, existence/breach of collateral contract and total failure of consideration.
• An appeal on behalf of a franchisor of a refusal to strike out/grant summary judgment.
• Proceedings on behalf of a franchisor concerning the enforcement of post-termination restraints and the franchisee’s ability to dispose of the franchise business at the end of the agreement.
• A mediation on behalf of a franchisor to settle a group action brought by approximately 20 franchisees.
• Successfully enforcing post-termination covenants in restraint of trade by way of High Court injunction.
• Prosecuting proceedings for committal in the High Court for breach of undertakings.

Franchisee

• Advising a potential action group of approximately 70 franchisees as to their position in the light of the pending sale and re-branding of their franchisor, a national chain of Estate Agents.
• Advising franchisees as to their position following the sale of the brand and the assignment of the franchise agreements immediately prior to the liquidation of the franchisor.
• A dispute as to a franchise consultant’s entitlement to payment for advising a potential franchisor how to franchise its business.
• Advising a franchisee as to a franchisor’s right to terminate where the agreement contained no express term as to termination.
• Advising a franchisee as to his entitlement to insist on delivery up/inspection of financial records of the franchisor.
• Advising a franchisee as to his claim for misrepresentation concerning his statutory licensing requirements.
• Advising a franchisee of a chain of Kashmiri restaurants in Yorkshire as to the terms for renewal and the enforceability of post-termination restraints, as well as ‘in service’ restraints.
• Advising, a group of franchisees as to the viability of a group action against the joint venture partner of their franchisor.
• Advising a former franchisee as to the enforceability of post-termination restraints outside his former territory.

Construction & engineering

Alexander acts for both construction professionals and contractors, often on the instructions of insurers.

Recent work

• Instructed by insurers acting on behalf of a specialist sub-contractor in a claim brought against them as well as designers and architects, arising out of the refurbishment of a school’s swimming pool.
• A claim by a liquidator on behalf of a contractor for its unpaid works for the supply and installation of temporary accommodation at a number of railway stations in the South East.  The dispute concerned responsibility for damage caused by a cable strike incident on Network Rail property.
• A claim for fire damage by the tenant of a neighbouring unit, following a fire at a warehouse used to store animal meal.
• A mediation about the suitability and installation of specialised rubber flooring for a commercial swimming pool for children’s classes.
• A contractor’s defence of abatement/claiming breach of contract from its sub-contractor for the non-supply of labour/plant in connection with works at a London Underground depot.
• A dispute as to whether a contract was for a lump sum or subject to measurement and valuation, also in connection with works at a London Underground depot.
• A round-table settlement of a dispute concerning the defective refurbishment of a salsa club.
• A dispute over the design and installation of an HVAC system for an office building in a business park.
• A mediation about claim for payment of sums due on loans following the development and refurbishment of a residential property.
• A dispute concerning the extension and renovation of a farmhouse.
• A mediation about the defective extension and refurbishment of a house.

Other significant experience

• One of the leading decisions as to the enforceability of a clause providing for a reference to ADR (conciliation through the NHBC) as a condition precedent to arbitration.
• Particular experience of design and construction in a marine environment, including an understanding of MDPE pipeline design, wave climate modelling and the behaviour of sub-sea soils.  He was retained, on behalf of consultant engineers, on the instructions of insurers, for over 12 months, in a document-heavy (+75 lever-arch files) complex and substantial dispute (c. £10m) concerning the design and installation of a long sea outfall pipeline off the North West coast of England.  The case was settled successfully by mediation.
• Experience of cases concerning asbestos contamination to both land and buildings.  Acted for a well-known national house builder regarding asbestos contamination to development land (this was the subject of an application to stay to arbitration and settled at a mediation) and in a trial in the TCC in Leeds concerning asbestos removal works during the refurbishment of a Police Headquarters.
• At an early stage in practice retained in a large dispute in the TCC between Hilton Hotels and Hotel Services Ltd., ‘Robobar’, concerning the supply of defective ammonia-based in-room mini-bars.

Reported cases

Holloway v Chancery Mead [2007] EWHC (TCC) 2345 Ramsay J
The enforceability of a reference to ADR as a binding condition precedent to arbitration.

Professional Negligence

Alexander’s professional negligence work has included the negligence of Solicitors, Valuers and Independent Financial Advisers, (including advice to the PIAOB/FoS, both as to the principles on which compensation is to be awarded in cases of endowment mortgage mis-selling and in individual claims for compensation of difficulty or complexity), as well as the negligence of construction professionals, such as Consulting Engineers and Architects.

Recent Work

A claim for an Architect’s unpaid fees giving rise to allegations of defective design and supervision of works over the course of a number of building projects.

• Advice (under direct access) as to a consultant’s position arising out of the construction of a carbon-fibre plant in China.

Trade

Alexander has experience of a wide variety of cases relating to trade.

Recent work

• A c.€2.4 million claim for breach of restrictive covenant in a non-disclosure and confidentiality agreement, arising out of the provision of facilities for a global conference for the telecoms sector.
• A claim for the recovery of a large over-payment made by a national chain of newsagents during the course of a supply agreement.
•  A claim for recovery of a loan made to fund a property development joint venture.

Reported Cases

Posner v Shah [2005] EWHC 1063 (Ch)
The exercise of the court’s discretion as to costs reserved on a freezing injunction where proceedings were subsequently settled.