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Herrington Carmichael LLP

BUILDING 9, RIVERSIDE WAY, WATCHMOOR PARK, CAMBERLEY, GU15 3YL, ENGLAND
Tel:
Work 01276 686222
Fax:
Fax 01276 28041
DX:
161412 CAMBERLEY
Email:
Web:
www.herrington-carmichael.com
Camberley, London, Wokingham

Frankie Tierney

Tel:
Work 01276 686222
Email:
Web:
www.herrington-carmichael.com
Herrington Carmichael LLP

Work Department

Dispute Resolution

Position

Managing partner and head of dispute resolution department. Commercial litigation to include contract disputes, shareholder disputes, eg unfair prejudice and minority shareholder claims, intellectual property disputes, partnership disputes. Property litigation to include dilapidations disputes for commercial premises, commercial L&T disputes, residential land development disputes, Lands Tribunal restrictive covenant disputes, TOLATA disputes. Probate litigation to include capacity disputes, inheritance (Provision for Family and Dependants) Act claims, Court of Protection litigation. Strong believer in mediation. Examples of commercial cases: acted for an international haulage and freight forwarding company in a dispute regarding a share sale agreement concerning a subsidiary whereby the buying party then traded in breach of the agreement, with particular reference to breaches of licences of intellectual property rights. Successfully forcing the defaulting party to cease the breaches and revoking the licences to protect the client s position in the industry. Acted for a corporate client in a claim by commercial agents for commission following its purchase of commercial premises for a sum in excess of £2m. Successfully resisting the claim and securing an order removing the client from the court proceedings at an early stage. Acted for a manufacturing company in respect of an application to the Lands Tribunal for adverse possession of unregistered land crucial to its long-term plans to re-develop its commercial premises to residential. Despite the application being actively opposed by Network Rail, a settlement was achieved shortly before the full hearing with ownership of the land conceded to the client. Advised the sellers of the share capital in a company registered abroad (but where the specified jurisdiction of the Share Purchase Agreement was England and Wales) following a failure by the buyers to carry out obligations under the Agreement. Liaising with lawyers also instructed in the country the company was registered in to coordinate steps to protect the sellers from possible liabilities in either jurisdiction. The dispute eventually being resolved to the client s satisfaction without the need to issue proceedings in the English Courts. Acted for a commercial land agent in opposing a dispute over £1.5m in overage sums relating to a longstanding and complicated land development project. Extricating the client from the dispute and his contractual obligations without having to make any payments to the other parties in the dispute.

Career

Trained Herrington Carmichael; qualified 1985; assistant solicitor, litigation department Herrington Carmichael; equity partner 1989; partner in charge of Wokingham office; head of dispute resolution department Camberley office; managing partner 1998; COLP 2012 to date. Current directorships: board director Surrey Chamber of Commerce. Publications of note: regular contributor of articles to Surrey Chamber publications.

Member

Law Society.

Education

Leicester Polytechnic (now De Montfort University) (1982 BA Hons Law); Guildford College of Law.

Leisure

Hockey – long-term member and continue to play for Basingstoke HC; vice-chair of Hampshire Hockey Association; chair of South Clubs Womens Hockey League; qualified umpire; hill Walking; reading; golf (member of Weybrook Park GC).


South East: Dispute resolution

Commercial litigation: Kent, Surrey and Sussex

Within: Commercial litigation: Kent, Surrey and Sussex

Frankie Tierney is the practice head and managing partner at Herrington Carmichael LLP. She has long experience of commercial litigation in the High Court and of mediations. The team's work covers a range of contractual disputes, especially in the real estate sector in addition to areas such as professional negligence, corporate relationships and the protection of confidential information. Robert Syms, working with senior associate Frances Kyle, has a focus on the technology and  construction arenas and insolvency-related disputes.

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South East: Private client

Personal tax, trusts and probate: Kent, Surrey, Sussex

Within: Personal tax, trusts and probate: Kent, Surrey, Sussex

Herrington Carmichael LLP's personal tax, trusts and probate practice serves a range of clients including high-net-worth individuals with assets based abroad. In addition to areas such as estate planning and tax, Alexander Mulroe , who joined from Paris Smith LLP, assists elderly and vulnerable clients. Managing partner Frankie Tierney handles a range of disputes involving wills and trusts and undertakes Court of Protection work where mental capacity is in issue. Anthony Tahourdin offers decades of experience in probate and the range of matters affecting high-value estates.

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South East: Real estate

Property litigation

Within: Property litigation

Frankie Tierney, who heads up Herrington Carmichael LLP's real estate litigation group, represents clients in particularly complex matters before the High Court, the Technology & Construction Court and the Property Tribunal. Clients include real estate developers, landowners, investors, corporate and commercial entities and private individuals. The firm has a demonstrable record of handling cases of a commercially sensitive nature. Robert Syms is another notable individual in the team.

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