Commercial; Property and Estates.
Alexander Whatley is a commercial, chancery and property barrister. He has been recommended in Legal 500 as a ‘Tier 1 Leading Individual’ in Commercial Litigation in 2023 and 2024 as well as a Leading Junior in Commercial Dispute Resolution in Chambers and Partners 2024. He also takes instructions in costs disputes.
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: Contract/ FraudHS Limited v S Ltd & Others [2023]: Acted for the Claimants in a £420,000 franchising dispute against an international fast-food chain.
M Ltd v TM [2023]: Acted for the Defendant in a High Court injunction for a Freezing Order against a high net worth individual whose business was bringing an action against him for fraud.
LFC Ltd v DH [2023] Acted for Defendant in action against a director of a football club including allegations of breach of director duties and fraud valued at £190,000.
HP Ltd v ZC & others [2023] Acted for the Claimant in a dispute between an event planning and stage production company, successfully struck out the Defence and secured judgment of £110,000.
RB v JK [2024]; EB v HB Ltd [2024] BB Ltd v PB [2023] et al. Representing Claimants and Defendants in various construction disputes ranging in value up to £160,000.
M & Others v H [2024] Ongoing: Represented the Claimants in the High Court successfully securing a freezing order and costs against the Defendant following the attempted dissipation of assets to avoid paying a judgment debt.
LR Limited v M Limited & Others [2024]: Successfully acted for the Claimant in High Court injunction proceedings for breach of restrictive covenants.
AgencyM & Others v FG Limited [2024] Ongoing. Acting for the Claimants in a high value estate agency commission dispute.
HS v DR Limited [2023]: Representing the Defendant in an unpaid commercial agency fees dispute including allegations of breaches of fiduciary duties and fraud.
RF v AG Ltd [2024]: Representing the Defendant in a brokerage fee dispute valued at £160,000.
Professional NegligenceGFAP Ltd v BS [2023]: Acting for the Claimant against a firm of solicitors following a number of failures in their conveyancing services including not advising on an SPV, restrictive covenants and Section 106 liabilities.
DC v WP LLP [2024]: Acting for the Claimant against a firm of Surveyors in a dispute concerning alleged failures in a property survey.
PR & GB v KBFS Ltd [2023]: Acting for the Defendant in two separate claims brought against a financial services firm following allegations of negligent pension advice.
AM v RJS [2024]: Acting for the Claimant against a firm of solicitors for defective conveyancing services.
DefamationT & AUD Ltd [2023]: Represented a Chief Executive in a defamation action against his former employer following allegations of improper financial reporting.
MA & Others v IM [2023]: Acting for four Claimants in a defamation Action acting for five individuals bringing an action against one of the largest body of churches in the UK.
AppealsFitzroy Place Residential Limited & Others v Lovitt & Others [2024] UKUT 63 (LC): Alexander successfully represented the Respondent Company and the appeal was dismissed. The appeal concerned the meaning of a standard form of lease used in a large and prestigious development in Central London comprising approximately 290 residential flats and commercial premises. Specifically, it related to the proportions in which the leaseholders of private apartments in the development are required to contribute towards the cost of services provided by the landlord to the development as a whole, and the extent of a discretion given to the landlord to vary those proportions.
O v E [2024]: Alexander successfully represented the Respondent in an Appeal of a decision to set aside a judgment. The appeal turned on the proper exercise of discretion in relying upon matters not in evidence.
Other recent casesS & 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.
AS v C T Limited [2024]: Representing a private individual in an action against a five-star hotel for failing to protect him against the criminal actions of third parties.
RS v SB [2023]: Acted for the Claimant in a dispute concerning fraudulent astrology services against a celebrity astrologer.
Notable previous casesT 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 trusts 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.
Advisory workAlexander Whatley provides representation and has given 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 Extensive experience in conducting and opposing relief from sanctions applications Product liability claims, including advising on a defective paint grenade Travel-related claims including international timeshare agreements Libel claims arising from online defamation and reputational damages Limitation periods Part 36 disputes Restitution claims including Unjust EnrichmentProperty 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
Alexander has a wealth of experience acting for large retailers, developers, pension trusts and public authorities, as well as commercial tenants.
Service Charge Disputes High value boundary disputes including adverse possession Unlawful forfeiture and relief from forfeiture in high value commercial property Easements and Restrictive Covenants Opposed lease renewal under the Landlord and Tenant Act 1954 Rent review Land registration disputes in the High Court, County Court, Property Tribunals and the Land Registry Rectification of documents and titleResidential
Acting for both landlords and tenants, Alexander has extensive experience across the following areas:
Service charges in high value residential property Mortgage and Tenancy Possession proceedings Tenancy Deposit disputes Injunctions Easements and Restrictive Covenants Boundary disputes Trespass and breach of quiet enjoyment Proprietary Estoppel Adverse Possession Contractual disputes on lease agreementsRecent Cases
Fitzroy Place Residential Limited & Others v Lovitt & Others [2024] UKUT 63 (LC): Alexander successfully represented the Respondent Company and the appeal was dismissed. The appeal concerned the meaning of a standard form of lease used in a large and prestigious development in Central London comprising approximately 290 residential flats and commercial premises. Specifically, it related to the proportions in which the leaseholders of private apartments in the development are required to contribute towards the cost of services provided by the landlord to the development as a whole, and the extent of a discretion given to the landlord to vary those proportions.
W v S [2024] Ongoing: Alexander is representing the Respondent in a high value commercial boundary dispute with a national supermarket chain across three property jurisdictions.
C v W Limited [2024] Ongoing: Acting for the Respondent in a service charge dispute valued at over £1.2m
Costs
Alex Whatley has experience of costs hearings including:
A hearing dealing with three consecutive Applications for costs to be assessed on an indemnity basis each made at different stages of the litigation. A costs hearing to determine the date on which the costs burden shifted from the claimants to the defendants, based on a judgment in the claimants' favour on the defendants’ failure to account in a trusts case. Alex acted for the 22 claimants having also represented them during the seven-day trial.Year of call: 2014
