Alexander Whatley > Chambers of David Berkley KC > Bournemouth, England > Barrister Profile

Alexander Whatley

01202 292 102 alexander.whatley@3pb.co.uk View profile View profile

Work Department

Commercial; Property and Estates.

Position

Alexander Whatley is a commercial, chancery and property barrister. He has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation.

Before joining the Bar, he worked in a City advisory firm conducting investigative corporate intelligence for global merchants and hedge funds in the field of international commodity trading.

Alexander is also available for instruction through Direct Access.

Commercial 

‘Alexander is an experienced trial advocate and regularly acts in complex High Court litigation. Clients note his tactical judgment and targeted pursuit of both their strategic and commercial objectives.’

Recent cases include:

• S & S v D [2023] – Successfully represented the Claimants in a three day trial. The Defendant had fallen asleep at the wheel and subsequently collided with the Claimants’ house. The Defendant insurer denied any of the structural damage was caused by the collision due to cosmetic nature of the exterior damage. After days of cross examination of experts in the fields of structural engineering and building pathology the Court awarded the Claimants over £120,000 in addition to punitive costs and interest.
• T Ltd v G Ltd [2022] – Representing the Defendant in a High Court Recruitment Agency dispute valued at £1.5m.
• SF Ltd v DC, LB & Others [2022] – Representing three Defendants in a High Court dispute concerning claims of conspiracy, breaches of fiduciary duties and directors duties, constructive rusts and unjust enrichment.
• TP Ltd v GR Ltd [2022] – Representing the Defendant in a High Court King’s Bench Division agency dispute.
• C’s v H, H & L [2021] – Successfully represented 22 Claimants as lead counsel in a 7-day trusts trial involving donors in a Muslim prayer group each of whom were alleging the Defendants had committed breaches of trust, failure to account and fraud.
• IR v TR [2022] HF Ltd v RF Ltd [2020] CS v HH Ltd [2019] FP Ltd v LT Ltd [2018] A T Ltd v M C Ltd [2018] W K v CWC Ltd [2018]; et al – Represented both Claimants and Defendants in a sequence of recruitment agency litigation – ATOW Alex has not lost a recruitment trial.
• LG Ltd v HD Ltd [2021] – Ongoing. Representing the Claimant in a High Court estate agency claim valued at £1.1m.
• BP Limited v MM Ltd [2021] – Ongoing. Representing the Claimant in a High Court planning contract dispute.
• CHS Ltd v TL Ltd [2021] – Ongoing. Representing the Defendant in a £460,000 recruitment agency claim.
• P v D [2021] – Successfully represented the Claimant in a dispute with his accountant concerning allegations of fraud, misrepresentation and unjust enrichment.
• L v C [2020] – Successfully struck out the defective pleadings of an unrepresented party and secured a costs order for the Defendant.
• M v R [2020] – Successfully represented the Claimant in High Court proceedings to recover a judgment debt through enforcement.
• C & C v D [2019] – Represented the Claimants in a 3-day misrepresentation trial involving an alleged village conspiracy, abusive neighbours and the existence of ghosts.
• Bank v R & R [2019] – Successfully acted for two individuals in a misrepresentation action against a national bank concerning a £250m fraud.
• R v M [2019] – Successfully defended a contract claim arising out of a university start-up venture which had transformed into a multi-million-pound media company.
• In the Matter of W E PLC [2018] – Successfully acted for the company in the High Court over the course of several months in an application to reduce their share premium account and transfer to special reserve in the amount of £6m.

Contract

Alexander provides representation and advice in the following areas:

• Agency law with a sub-speciality in recruitment and estate agency litigation
• Energy. Acting in trials concerning the ECO/ Green Deal and the supply and installation of energy-generating equipment.
• Franchise agreements including advising on a dispute with an international franchising company in the milkshake industry.
• Utilities with sub-speciality in water supply contracts for individuals and companies including extensive experience with the OFWAT guidance.
• Reputational damage arising out of breach of contract including a successful recovery of damages arising from a horse trainer being labelled dishonest after feed purchased from a supplier was found to contain prohibited substances
• Consumer law advising and acting in cases concerning consumer contract regulations, consumer protection and UCTA.
• Residential and commercial construction disputes
• Misrepresentation in both tort and contractual claims.

Commercial Litigation, Insolvency and Company Law

• Commercial Agents Regulations
• Competition and Pricing regulations
• Reduction in Share Capital Applications
• Shareholder Misfeasance including illegal conduct arising out of the Companies Act 2006
• Breach of fiduciary duty claims
• Professional Negligence with extensive experience against architects, surveyors and estate agents
• Claims in restitution relating to business and commerce
• Extensive experience in conducting and opposing relief from sanctions applications
• Product liability including advising on a defective paint grenade
• Travel-related claims including international timeshare agreements
• Libel claims arising from online defamation and reputational damages.
• Limitation
• Part 36 disputes
• Restitution Claims including Unjust Enrichment.

Property and Estates

Alexander Whatley’s Property and Estates practice focuses on disputes between landlords and tenants and he is regularly instructed to advise on property disputes involving Breach of Covenants, Relief from Forfeiture, Construction Contracts and Service Charges.

Commercial Landlord and Tenant

Alexander has a wealth of experience acting for large retailers, developers, pension trusts and public  authorities, as well as commercial tenants.

Alexander’s experience covers matters including; lease renewals (incl.1954 act matters), forfeiture, disrepair, dilapidations, and service charge disputes. Understanding the commercial pressures both landlords and tenants are under, Alexander works with his clients to resolve issues and disputes as quickly and efficiently as possible.

Residential Landlord and Tenant

Acting for both landlords and tenants, Alexander advises in all aspects of this sphere from disrepair, breach of covenant, unlawful eviction, trespass and quiet enjoyment to anti-social behaviour nuisance, and harassment including housing related issues, such as homelessness.

Career

Year of call 2014

Memberships

• London Commercial Bar Association
• BPP Civil Forensic Accountancy Course
• Commercial Bar Association

Education

• Kaplan Law School BPTC
• University of Southampton LLB Law
• Inner Temple Profumo Scholarship
• Inner Temple Major Exhibition Award
• Inner Temple Duke of Edinburgh Award
• Kaplan BPTC Future Potential Scholarship