Luke is an accomplished and experienced commercial litigator and an Associate in the Business Services team. He is known for his entrepreneurial flair and ability to think outside of the box. Where required he takes a robust approach to litigation but often will seek to resolve disputes quickly through the use of Alternative Dispute Resolution.

He is actively involved in the local community and volunteers each year as a Dragon for the local Dragons Apprentice competition. In 2010 he mentored the winning team.

Luke is fluent in French and German and sits as a member of the Franco British Lawyers Society management committee. He has links with lawyers and other professionals in Mauritius, regularly visits the island and has spoken at events concerning the Mauritius International Arbitration Centre.

Skills & Expertise

Luke’s practice comprises all aspects of commercial disputes and litigation ranging from disputes within the Small Claims Track to multi million pound actions involving complex legal and factual issues.

He has experience of all form of Alternative Dispute Resolution including mediation, arbitration and expert determination. Where appropriate he conducts his own advocacy and has experience of advocacy in both the County and High Courts including Fast Track Trials, Injunctions, Interim Applications and Case Management hearings.

Case examples
Commercial

• Acting for the former CFO of easyGroup UK Ltd in a successful High Court claim against easyGroup Holdings Ltd (“easyGroup”) for breach of a consultancy agreement. The case involved issues of alleged breach of fiduciary duty. easyGroup sole witness was Sir Stelios Haji-Ioannou. The case was reported as Nick Manoudakis v easyGroup Holdings Ltd [2011] All ER (D) 171 (Oct) and under Lawtel document number AC9501895. The case was also extensively reported in The Daily Telegraph.
• Acting for a sportswear manufacturer in a claim against a football club arising out of a breach of a sponsorship and supply agreement
• Acting for a major UK subsidiary of a Japanese electronics manufacturer to recover losses arising out of a commercial fraud.
• Acting for the Managing Director of company in respect of a claim bought by his former employer for an alleged complex fraud where the allegations of fraud were denied.
• Acting for a national debt management and IVA
• provider in respect of a claim and counterclaim for £800,000 arising out of reselling of sales leads by its supplier to its competitors.

Construction

• Acting for a high net worth individual in relation to multiple claims arising out of a £8million residential development project including a £1million architect’s negligence claim.
• Acting for a developer in respect of a statutory demand served for the contractor’s final account and a claim against the contractor for breach of a JCT contract. Case involved whether or not the developer had served a valid withholding notice.
• Acting for a developer in respect of a claim by a sub contractor following the main contractor being placed into liquidation. The case involved issues of privity of contract in view of an express clause in the JCT contract which prevented novation.
• Acting for the management company of a St John’s Wood mansion block in respect of the proposed termination of the main contractor’s JCT contract due to it entering into a CVA.
• Acting for an individual in respect of a claim against a contractor and gas engineer arising out of the defective construction of a flue and negligent installation of a gas fire. Case involved a complex application to set aside an assessment of damages following judgment in default and an appeal of that decision involving issues of res judicata.

Insurance

• Acting for a commercial insured in respect of a claim against a well known insurer pleaded at £9million. Case involves issues of alleged non-disclosure, construction of proposal form and the liability for consequential loss arising out of failure to pay an insurance claim.
• Acting for a commercial insured in a dispute concerning when a gradually operating cause claim had been notified.
• Acting for a commercial insured in respect of policy coverage issues arising out of a Part 20 claim bought against it for £3million (plus costs of £2million) in respect of a liability event that took place 5 years before the Part 20 claim was issued. Policy liability denied by insurer. Case involved alleged failure to notify liability event. Claim against insured struck out and insured fully indemnified for substantial defence costs following round table meeting.
• Acting for a householder, funded by insurers, in respect of a successful short notice application for a mandatory injunction for the removal of a Monterrey Cypress tree. Case reported in the Daily Gazette.
• Acting for an insurer, on a subrogated basis, in respect of proceedings against Royal Mail for an injunction and damages arising out of tree root nuisance leading to a successful recovery. The case pioneered the recovery of loss adjusters fees relating to the recovery as inter partes costs.
• Assisted a Partner on a matter that involved defending an insurer following a claim by an insured where the insured was in breach of conditions, warranties and there had been material non-disclosure in the reported case of Ansari -v- New India Assurance Ltd [2008] EWHC 243 CH.
• Advising an insurer as to whether damage caused by the collapse of an adjoining building was an insured peril.
• Advising an insurer in relation to a claim for storm damage to a mosque where there most likely case of the damage was an uninsured structural defect.
• Acting for an insurer in respect of a £180,000 recovery claim against an electricity distributor which was liable for a fire due to a faulty consumer board.
• Acting for an insurer in respect of a £120,000 claim against an adjoining property owner in respect of a flood caused by a blockage to a culvert on his land.

Insolvency

• Acting for a construction company in respect of a successful application to rescind a winding up order where the company was wound up following its accountant’s negligence. The company was able to pay off its creditor’s through the realisation of book debts during the winding up.
• Acting for a haulage company in connection with the realisation of a contractual lien over goods held in its warehouse to the value of unpaid invoices where the owner of the goods had entered into administration.
• Acting for an insurer in connection with a proposed claim against a company in CVL and its liquidators arising out of non payment of insurance premium collected by the insolvent insurance broker and due to be held on trust in a client trust fund account.
• Acting for a liquidator in respect of a claim for wrongful trading, transactions at an undervalue and preferences against the former directors of an events company gone into compulsory liquidation.