Philip Sergeant

Philip Sergeant

Consultant

Philip's work incorporates advising and assisting publishing company service providers, retailers, charities, property owners/developers with their business issues including employment and personal matters. 

Philip is primarily involved in commercial contentious and non-contentious matters which he has dealt with for over 25 years.  During that period and before he has guided clients through a multitude of claims in many areas of law and the taste of the work that he has done can be identified in the following cases which he successfully concluded on behalf of clients:-

Eton College –v- Alghussein Establishment – he acted for the land owner in a claim for repudiation of a development agreement which resulted in the client successfully recovering a property and reselling it.

Fowles –v- Lee Bolton & Lee – the firm's predecessor firm recovered a substantial amount of money from a debt as a result of a cheque being sent to the firm by the debtor which was drawn from a company which had ceased to exist thereby making the signatory personally liable so that full recovery of the debt was obtained for a client notwithstanding the liquidation of the debtor.

Campbell & Palmer –v- Crest Holmes Limited – a claim for specific performance arising out of an expert determination of the price payable by the developer for a site belonging to the client in the sum of £8.5 million.

Shebelle Enterprises Limited –v- Hampstead Garden Suburb Trust – the successful defence of a claim seeking an injunction against the client for failing to enforce a covenant for quiet enjoyment under a lease in their capacity as scheme manager.

Church Commissioners –v- Barton – the enforcement of fishing rights in the river Wye under a profit a prendre.

The recovery of £700,000 is damages as a result of hospital negligence arising out of oxygen starvation of a child at birth.

However his pragmatic and constructive approach to problem solving has wherever possible sought to keep his clients out of litigation and the recent  issues that have been negotiated successfully to a conclusion include:-

A payment by a high street bank of £1.25 million arising out the miss-selling of a vanilla swap arrangement which sum has been paid to the client in cash in full.

Advice to a city banker in relation to the clawback provisions under the FSA (FCA) code resulting in a 50% reduction in the amount being claimed by the employer.

Advice relating to corporate governance issues concerning a Charitable Foundation and on Academy implications arising out of directors and Charity trustees' fiduciary responsibilities and the Academies Financial Handbook.

Partnership disputes relating to the mismanagement of a chain of petrol stations and the removal of a member of an LLP together with the determination of issues following the service of a notice of dissolution in a family partnership by a family member.  

In the non-contentious field Philip has led the team in the sale of a £35 million property company and the subsequent liquidation of the trading and holding company together with re-investment of the proceeds of sale through offshore entities, as well as advising, negotiating substantial royalty and other payments arising out of a land fill site in respect of the generating of electricity using the gas generated by infill materials.

Advising individuals on the impact of the Codes of Practices introduced by the FSA (FCA) following the banking crisis of 2008 and various other regulatory issues concerning individuals and charities arising out of employment law, corporate governance and constitutional matters.

Philip is a qualified mediator.