Commercial; Property and Estates, Costs
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, 2024 and 2025 and Professional Negligence in 2025 as well as a Leading Junior in Commercial Dispute Resolution in Chambers and Partners 2024 and 2025. 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’s commercial practice encompasses agency disputes, claims for breach of warranty and misrepresentation, claims in respect of share purchase agreements and joint venture agreements, claims to enforce loans, guarantees and security, claims concerning real and personal property. He is comfortable working on all sizes of cases, from those involving individuals or small businesses through to high-value complex litigation.
CONTRACT
SC Ltd v v VM Ltd [2025] Ongoing: Acting for the Claimant in a £40m breach of contract claim including allegations of fraudulent misrepresentation, intimidation and bad faith. Led by David Berkley KC.
BH v SSCP Ltd & Others [2025] Ongoing: Acting for the Defendant in a £680,000 rescission claim turning on allegations of undue influence.
I Ltd v NR Ltd & Others [2025] Ongoing: Acting for the Claimant in a £1.1m misrepresentation/ breach of warranty action concerning breaches of a share purchase agreement and allegations of negligently prepared company accounts.
EH Ltd v JB & Others [2025] Ongoing: Acing for the Defendants in a High Court misrepresentation action concerning breach of a share purchase agreement and allegations of professional negligence of the company accountants.
TS v J Ltd [2025] Ongoing: Representing the Defendant in a High Court contract dispute concerning a share purchase agreement relating to a clinical practice and allegations of professional negligence.
TB v HG & Others [2025] Ongoing: Representing the Defendants in a High Court claim concerning breach of a share purchase agreement and obligations arising under a letter of indemnity.
C v C [2025] Ongoing: Acting for the Defendant in a High Court specific performance action relating to a family shareholders dispute.
G & M v H [2025]: Successfully represented the Claimants in three-day construction trial involving conflicting expert evidence, fraud and criminal damage. The Claimants beat their Part 36 Offer and secured punitive interest on costs and award in addition to their costs of two freezing order hearings in the High Court.
EC Ltd v FTI Ltd [2025]: Successfully acted for Defendant in a £185,000 commercial construction dispute. Litigation also involved a successful security for costs application.
RB v JK [2024], EB v HB Ltd [2024], BB Ltd v PB [2023] et al.: Represented Claimants and Defendants in various construction trials ranging in value up to £160,000.
HS Limited v S Ltd & Others [2023]: Acted for the Claimants in a £420,000 franchising dispute against an international fast-food chain.
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.
AGENCY
Alexander specialises in agency litigation ranging from recruitment/ estate agency commission disputes to High Court injunctions prohibiting agents from using confidential information and breaching non-compete clauses. He has extensive expertise in disputes that turn on the scope of an agent’s express, implied and apparent authority. Alexander also regularly advises on actions arising out of the Commercial Agents Regulations 1993.
G2V Ltd v NCC [2025] Ongoing: Acting for the Defendant in a recruitment agency dispute concerning allegations of a backdoor hire of a senior local government department head.
M & Others v FG Limited [2024]: Acted for the Claimants in a high value estate agency commission dispute.
RF v AG Ltd [2024]: Represented the Defendant in a brokerage fee dispute valued at £160,000.
HS v DR Limited [2023]: Represented the Defendant in an unpaid commercial agency fees dispute including allegations of breaches of fiduciary duties and fraud.
T Ltd v G Ltd [2022]: Represented the Defendant in a High Court Recruitment Agency dispute valued at £1.5m.
LG Ltd v HD Ltd [2021]: Represented the Claimant in a High Court estate agency claim valued at £1.1m.
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.
APPEALS
Fitzroy Place Residential Limited & Others v Lovitt & Others [2024] All ER (D) 91 (Mar): 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.
CIVIL FRAUD
Alexander has wide experience of claims involving allegations of fraud and dishonesty and related asset recovery, including obtaining and resisting freezing orders, claims for dishonest assistance, conspiracy claims, and claims for fraudulent misrepresentation and deceit.
M & Others v H [2024]: Represented the Claimants in the High Court successfully securing an interim and final freezing order with 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 retaining of company property and data, breaches of confidentiality and breach of restrictive covenants.
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.
DEFAMATION
SM v LB & Others [2025] Ongoing: Representing the Claimant in a defamation claim involving an international martial arts athlete and allegations of abuse.
T & 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]: Acted for four Claimants in a defamation action against one of the largest body of churches in the UK.
PROFESSIONAL NEGLIGENCE
Alexander has acted in litigation against all manner of professionals including lawyers, surveyors/valuers and financial professionals.
Lawyers
Alexander has substantial experience in the field of solicitors’ negligence. He accordingly has specialist knowledge on issues including limitation (with a special interest in section 14A and section 32 of the Limitation Act), causation, duty of care, quantification of damages including loss of a chance and claims for contribution from third parties. He has acted in disputes involving allegations of negligence, breach of fiduciary duty and breach of trust against lawyers.
Surveyors & valuers
Alexander is frequently instructed in claims against surveyors/valuers including complex valuation disputes involving hidden defects and building pathology experts.
MT v SDL Ltd [2025] Ongoing: Acting for the Claimant against an auctioneer for professional negligence over its unauthorised disclaimer in auction marketing materials.
Financial professionals
Alexander has extensive experience in claims against IFAs and has recently acted in litigation involving unsuitable investment advice and mismanagement of investments.
DC v WP LLP [2024]: Acting for the Claimant against a firm of Surveyors in a dispute concerning alleged failures in a property survey.
AM v RJS [2024]: Acting for the Claimant against a firm of solicitors for defective conveyancing services.
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.
GFAP 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.
Other recent cases
AS v C T Limited [2024]: Represented a private individual in an action against a five-star hotel for failing to protect him against the criminal actions of third parties.
S & 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.
RS v SB [2023]: Acted for the Claimant in a dispute concerning fraudulent astrology services against a celebrity astrologer.
Notable previous cases
SF Ltd v DC, LB & Others [2022]: Represented three Defendants in a High Court dispute concerning claims of conspiracy, breaches of fiduciary duties and directors duties, constructive trusts and unjust enrichment.
C’s v H, H & L [2021]: Successfully represented 22 Claimants 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.
BP Limited v MM Ltd [2021]: Represented 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.
Property 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.
Acting for both landlords and tenants, Alexander has extensive experience across the following areas:
Recent Cases
W v S [2025] Ongoing: Alexander is representing the Respondent in a £9m commercial boundary dispute with a national supermarket chain across three property jurisdictions.
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.
C v W Limited [2024]: Acted for the Respondent in a service charge dispute valued at over £1.2m.
Costs
Alex Whatley has experience of costs hearings including:
H v RS Ltd [2025] Ongoing: Acting for the Claimant in a £680,000 costs dispute. Successfully appeared in the Senior Court Costs Office in a s.68 Application for delivery of a compliant statute bill.
C v D Ltd [2023]: Alex successfully resisted three consecutive Applications for costs to be assessed on an indemnity basis each made at different stages of the litigation.’
Melloy v UK Insurance Ltd [2022] EW Misc 4 (CC): represented the Defendant in a hearing concerning the application of fixed costs in proceedings for damages that fall within Part IIIA of CPR45 and whether such Claimants are separately entitled to the costs set out in Table 6B.
C’s v H, H & L [2022]: Acted in three costs hearings to determine, inter alia, 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