Matthew has a wide-ranging commercial and civil law practice, with particular expertise in contractual disputes, product liability & consumer law, procurement law and employment law.  He acts as sole counsel across a variety of courts and tribunals, both at first instance and on appeal, and is equally at ease working within a team of lawyers in substantial litigation. He speaks French, German and Spanish.

Commercial

Matthew regularly appears in and advises on disputes embracing all aspects of commercial contract law, including sale of goods and supply of services, consumer credit and financial services claims. He provides clear advice on the proper construction of contracts and is experienced in work with an international dimension involving conflicts of laws issues. Examples of recent High Court experience include:

  • Advising and successfully representing a director and a company, resisting claims of fraudulent misrepresentation, dishonest assistance in breach of trust, knowing receipt of trust money and monies had and received in nine day Chancery Division trial (Gabriel v Little and Others [2012] EWHC 1193 (Ch))
  • Acting for investment banking fund in part 8 proceedings in Chancery Division relating to proper construction of the word “debt” within a company sale and purchase agreement
  • Advising and acting for a Korean company in a breach of contract claim involving a counterclaim for misrepresentation and for the defective supply of goods (Philjin Co Ltd v VM Fabrics Ltd (QBD))
  • Obtaining an urgent worldwide freezing injunction
  • High value multi-party litigation involving company law autonomy issues, including the liability of a parent company for the acts of its subsidiaries and conflicts of laws/private international law issues
  • Acting in high value economic torts claim alleging conspiracy & procuring a breach of contract
  • Acting in solicitors professional negligence claims and advising on associated insurance coverage issues

Product Liability and Group Actions

Matthew has broad experience of claims involving defective products.  He authored the chapter "Product Recall in the EU" in the International Product Law Manual 2011/12 and has advised on the adequacy of product recalls in various contexts, including in fire and property damage claims, some of which have litigated in the Technology & Construction court.

His product liability work is often commercial in nature. Recent instructions include advising and acting for a brick manufacturer in a substantial claim involving complex expert evidence centred on the sale of allegedly defective aggregate used in the production of concrete bricks. He has also advised and acted on a variety of Consumer Protection Act claims and has acted for high street fashion retailers, manufacturers and publishers in relation to such claims.

He was instructed as junior counsel in the following high value multiparty product liability actions:

  • Sabril Litgation: Representing (with Charles Gibson QC, Prashant Popat QC & Noel Dilworth) Sanofi Aventis in relation to a group action brought by claimants alleging injuries following taking anti epilepsy medication.
  • Petrol Contamination Litigation: Acting (with Andrew Prynne QC and Geraint Webb) for one of the producers of contaminated petrol supplied to thousands of supermarket customers in the spring of 2007.

Over 2010 – 2011 Matthew was instructed ( with Charles Gibson QC and Toby Riley-Smith) on behalf of the Defendant in Guerrero & 30 Ors v Monterrico Metals Plc (reported at [2010] EWHC 3228 (QB)), an international tort claim brought under Peruvian law for personal injuries sustained in the course of a protest against the mining activity of the subsidiary of an English parent-company.  Matthew worked closely with the solicitor team and in the course of his instructions advised on conflicts of law, reviewed extensive materials in Spanish and travelled to Peru for meetings in Spanish with lay and expert witnesses. The case recently settled. 

He is currently instructed in relation to another proposed international tort group action.

Employment

Matthew’s commercial and employment practices complement one another. He acts as sole Counsel in high value High Court restrictive covenant and fiduciary duties claims and is well experienced in dual High Court/Employment Tribunal proceedings.

Matthew acts on all types of employment disputes, including wrongful and unfair dismissal, discrimination, TUPE and redundancy claims.  He appeared in the EAT and before the Court of Appeal in St Albans Girls' School v Neary [2009] EWCA Civ 1190; [2010] IRLR 124, overturning a line of established EAT authority and appeared before the EAT in Agbodo v Hertfordshire County Council [2010] LTL 4/3/2010, upholding a costs award of £10,000.

Over 2010-2012 he has been providing ongoing advice to various local authorities on changes to employees' terms and conditions, including collectively agreed "Green Book" terms.

Other recent instructions include:

  • Acting in a high value investment bankers’ bonus claim, brought as an unlawful deductions from wages claim
  • A mediation of dual High Court / Employment Tribunal proceedings
  • Urgent High Court injunction proceedings seeking to restrain the alleged abuse of confidential information/ breaches of restrictive covenants
  • Defending a lengthy disability discrimination claim involving cross-examination through sign language interpreters
  • Advice and conduct of wrongful dismissal and breach of contract claims brought by a former CEO
  • Dual High Court / Employment Tribunal proceedings brought by a former CEO for reputational loss and unfair dismissal

Procurement and Public Law

Matthew acts for and advises local authorities and contractors on public procurement and administrative law matters.  In his first year in practice he was instructed as junior counsel in relation to the defence of a £6m public procurement claim in the Technology & Construction Court relating to an aborted PFI tender process and has continued to advise on procurement matters since. He is experienced in bringing Judicial Review proceedings, particularly those involving local authority contractors.

Property

Matthew is experienced in all types of property and landlord & tenant disputes, including claims involving constructive trusts and TOLATA, boundaries and easements, disrepair, service charges, nuisance and harassment. 

Representative Cases

Call: 2004   

Education & Scholarships

  • MA (Hons) (Oxon) 1st Class
  • PgDL, City University
  • Lord Woolf Scholar (Daily Telegraph/1 Crown Office Row)
  • Hardwicke, Haldane & Thomas Moore Scholar (Lincoln’s Inn)
  • Phoenicia Scholar (Bar European Group)

Appointments

Memberships

  • London Common Law and Commercial Bar Association
  • The Commercial Bar Association
  • Employment Lawyers' Association
  • Employment Law Bar Association
  • The Health & Safety Lawyers' Association

Publications

  • Author of "Product Recall in the EU" chapter in the International Product Law Manual 2011/12 (Kluwer)
  • "Passing the Ordinary Residence Buck" Solicitors Journal, 14 September 2007
  • "Working practice - the unfairness of procedural fairness" Solicitors Journal, 2 December 2005
  • "Are the media now above the law?" The Daily Telegraph online 10/04/2003 (Woolf Scholarship essay prize)