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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, Sussex

Within: Commercial litigation: Kent, Surrey, Sussex

Herrington Carmichael LLP's team 'excellent, professional and responsive'. It handles a broad range of breach of contract matters; professional negligence; protection of confidential information and conflicts arising from corporate relationships. Practice head Frankie Tierney is 'personable and experienced' and provides 'sound legal advice' and 'outstanding lawyer' Frances Kyle is also a key member of the team.

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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

The team at Herrington Carmichael LLP 'acts with great integrity and professionalism' and 'combines in-depth knowledge and precision with a very friendly, helpful manner'. The team draws on the firm's commercial, disputes and real estate expertise to advise on estate planning, trusts, wills and probate matters, as well as inheritance and capital gains tax issues. Its recent work has included an acrimonious probate dispute and handling a complex case concerning the domicile of a late client. Practice head  Anthony Tahourdin is ' very impressive' and managing partner Frankie Tierney is praised by clients for her 'knowledge and efficiency' and her ability to resolve family disputes. Other noted lawyers include Paul Denza, Minnaar Badenhorst and the 'exceptional' Andrew Smith, who specialises in Court of Protection work. Rachel Burnett is also noted for being 'very knowledgeable on trusts and the drafting of trust instruments'.

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