Areas of responsibility
Commercial and complex litigation for both businesses and individuals.
This includes contract disputes, property ownership disputes, Commercial Landlord & Tenant disputes, dilapidations claims, intellectual property disputes, Professional negligence claims, shareholder disputes and “unfair prejudice” claims in the Companies Court, Property Chamber (Lands Tribunal) claims and Land Registry adjudications with particular emphasis on restrictive covenant issues, Court of Protection disputes, Inheritance disputes.
Experience / recent projects
- Frankie Acted for a Residential Property Development Company in two acrimonious disputes worth in excess of £2 million with the two former landowners in respect of a complex site whereby the acquisition deal had included obligations to build two high quality residential properties for the landowners on two plots on the site itself. Successfully representing the Developer Client in extensive Adjudication proceedings to include applications to the Technology & Construction Court to enforce the Adjudicators decision. Possession proceedings being commenced against each of the former landowners in complimentary proceedings in the County Court which were then transferred to the Technology & Construction Court and joined with the existing proceedings. Each matter being settled on favourable terms to the developer requiring the bulk of the disputed money to be paid by the former landowners immediately and a small retention pending snagging issues being attended to.
- Another Residential Property Development Company also needed urgent injunctions proceedings to ensure it had access along a right of way blocked by a resident who was active in a local protest group opposing further development in the area. Ensuring that the injunction was obtained quickly to enable works required under the planning consent to be carried out in the timetable required by the Planning Committee and securing a costs order against the resident.
- Acting for the daughter and sole executor of the deceased in an acrimonious dispute opposing claims brought under the Inheritance (Provision for Family & Dependants) Act 1975. The matter being complicated by various trust provisions whereby employees of the deceased’s Company were to receive shares in the Company, but where the Company had to be sold realising significant sums and resulting in the Estate being worth in the region of £4 million. The Court proceedings being disposed of by the case settling at a formal Mediation on terms that closely followed offers previously made on behalf of the Client to the Claimant
- Acting for a high end Hotel & Leisure Group in a breach of contract/ negligence claim against a leading provider which had supplied and installed a specialist WiFi cordless telephone system without proper security measures being applied and which resulted in the Client’s system being hacked and significant sums incurred in phone charges during the period of the hack The Claim was robustly disputed but settled with a payment to the Client and the system being re-installed correctly at the expense of the provider.
- A highly acrimonious ownership dispute relating to a number of residential properties linked with various unsecured loans. Judgment being obtained for the client following a 5 day Trial in which all the properties were confirmed as belonging solely to the client along with a money judgment and costs order against the defendant in excess of £100k. Taking successful enforcement action in respect of a property owned by the defendant to secure payment.
“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.” – Legal 500 2019
Interests and Hobbies
Director of Surrey Chamber of Commerce for many years and for the period from September 2015 to September 2017 President of the Chamber, Frankie is now active in the Chamber Board role of Immediate Past President . Keen hockey player and also heavily involved in Hockey administration at County and Regional level. Plays golf, but regretfully not enough to get handicap down beneath 18. Also enjoys hill walking, reading, and most importantly chocolate.