Edward Morgan

COMMERCIAL AND PROPERTY PROFILE

The areas of work undertaken are complementary and span a wide range of commercial litigation in High Court, Arbitration and Mediation proceedings.

High Court litigation has involved particular emphasis upon director responsibilities and corporate governance; breach of fiduciary duties, constructive trusteeship and related restitutionary claims; directors disqualification; shareholder disputes; restrictive covenants; confidentiality; passing off ; Pension and PHI related issues; the rights and obligations of trustees; partnership and related fields. Mediator and Arbitrator appointments are also accepted in these areas.

Advisory work and advocacy is also undertaken in relation to property transactions with particular interest in transactions susceptible to challenge on the grounds of undue influence, breach of trust and knowing assistance or receipt.

In the field of Canon Law, work has been undertaken on behalf of a wide variety of ecclesiastical organisations in relation to property and regulatory issues, including restitution of property; hierarchical relationships and the canonical position of Diocesan Trustees.

NOTABLE CASES

In the Matter of BTP (Commercial Arbitration £17m)
Re Essa Tabra (Arbitration Act Appeal involving application of Sharia)
HMCE v Wilson (Evasion of Anti dumping Duty/EC Customs Code)
Re Millwall FC [1998] 2 BCLC 272 (re Defi nition of “liability” within CVA)
R v Leicester CC Ex P HMCE EWHC Admin 33 (Judicial Review)
Everson v Flurry (Classifi cation of insurance contract)
McMullen v Gibney (Northern Ireland CA) (Subrogation)
Harrison v Preston BC and Driver (Agency/SDA/Public Law)
AL Barnes Ltd v Time Talk (UK) Limited [2003] EWCA Civ (illegality/knowing assistance)
Crown Garages And Ors v Staff ordshire Police Authority (Private law challenge to Police Vehicle Recovery Scheme)
VGC Clements v Smith and Ors (WTR within the construction industry)
Oldham BC v Kwik Fit PLC (Validity of Prohibition Notice)
Amec Developments Ltd v Jury’s Hotel Limited (UK) Ltd (2001) 82 P & CR 22 (Damages in lieu of final injunction following breach of covenant)
Nawaz & Hussain v Crowe Insurance Group [2003] EWCA Civ 316 (Service of Statutory Notices and Agency)
In the Matter of a Religious Institute of Diocesan Right (Petition for Suppression)
Darnell and Ors v Hertel (UK) Ltd [2006] EWHC (Deductions to be made in assessing quantum following conversion of commercial equipment)

INTEREST

Family; Classical music; Rugby

QUALIFICATIONS

Fellow of the Chartered Institute of Arbitrators (FCIArb)
Fellow of the Royal Society of Arts (FRSA)

PUBLICATIONS

Contributor to Th e Sweet & Maxwell Encyclopaedia of Employment Law