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Chancery, Commercial and Insolvency

Helen Swaffield

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Clerk Enquiries:

Barrister

(Year of Call 1988)

Joined Chambers: 2014

Background:

Company /Commercial Law and Insolvency

Having spent a number of years serving industries in the engineering, aeronautics, IT, manufacturing, distribution and retail sectors as both a contentious and non-contentious lawyer, Helen has a strong commercial focus. Helen worked in the EU Commission and is currently a regular lecturer and broadcaster in commercial and is the Editor of the Commercial Litigation and the Procurement Journals, both published by Legalease.

  • Contract disputes, adjudication and arbitration including a recent multi-million public sector  outsourcing dispute
  • Competition, agency and procurement – Helen has recently advised on a significant international joint venture agreement  
  • Intellectual property – Helen has successfully prevented a trade mark infringement of a leading software brand
  • Company applications, shareholder actions, TUPE and warranty claims - Helen was instructed to pursue a significant warranty claim following a disposition in the automotive sector against a leading Japanese manufacturer
  • Insolvency: corporate and personal – Helen was instructed on behalf of the employees in a high profile diet company’s administration
  • Director’s disqualification  and breach of fiduciary duty – Helen has negotiated advantageous undertakings  on behalf of Directors
  • Restraint of trade and confidentiality – Helen has obtained an injunction to prevent the misuse of company secrets and overseen its delivery up
  • Sale of goods (B2B and B2C) – Helen has re-drafted B2C agreements for an American company in the EU to include the new CRD cancellation rights
  • Partnership disputes – Helen has recently been instructed to terminate  a partnership and resolve interests in property, an account and TUPE
  • Mortgages and guarantees – including successfully acting for the guarantors to an unenforceable deed against a high street bank
  • Drafting a range of commercial agreements – for public bodies and business

Chancery and Civil law

Helen lectures regularly on civil procedure and costs and undertakes direct access work.

  • Professional negligence,  including architects, accountants and solicitors, economic torts and insurance.
  • Unfair trading, weights and measures, consumer protection and product liability – Helen has recently acted for a trader against another using Unfair Commercial Practices legislation to prevent an illegal trading practice.
  • Property and estate claims including contentious probate– including the division and succession of agricultural land following an allegation of a forged will
  • Trusts and remedies including tracing, bailment and delivery up- Helen has acted for hirers of equipment in its retrieval
  • LVT, dilapidations, licences,  leasehold and enfranchisement-including appearances on behalf of  Wolverhampton leaseholders in the LVT
  • Commercial property, adverse possession, boundaries  and easements – such as a recent claim against a leading national property company
  • Costs – Helen has appeared and advised in costs only litigation based on part 36.

Further Information:

Helen is the Editor of the Commercial Litigation Journal published by Legalese and is a regular lecturer and broadcaster on commercial topics.

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