Finian advises on commercial and civil disputes, including breach of contract, agency and professional negligence claims. He has typically represented companies, partnerships and individuals in disputes with larger enterprises. His contentious private client and probate work has involved advice to executors and trustees, as well as beneficiaries, and his property work is primarily based in advising property owners as well as long-term leaseholders. He conducts cases through the courts system, but also where appropriate for his clients, is experienced in negotiating out-of-court settlements on favourable terms.
He also provides employment law advice (to both employers and employees) in contentious and non-contentious matters on statutory and contractual rights and obligations.
Finian practises as a Notary Public, is a member of the Notaries Society, and is available to deal with any notarial enquiries, either by email (finiandavern@childandchild.co.uk) or telephone on 020 7201 1851
WORK TYPES
- Property:
- Residential Landlord and tenant: possession proceedings, advising both landlords and tenants;
- Breach of leaseholder and freeholder covenants (commercial and residential);
- Property possessions / orders for sale
- boundary, nuisance and neighbour harassment disputes;
- estate management advice;
- Disputes between leaseholders and RTM / freehold company freeholders;
- negligence/breach of contract claims against managing agents
- Commercial and Civil litigation:
- Consumer rights claims;
- Contractual disputes;
- Supply of goods and services claims;
- Partnership, LLP member and shareholder disputes;
- Professional negligence disputes, including relating to construction & design liability;
- Challenges to solicitors’ CFA and DBA terms;
- ICO investigations into Data Protection breaches;
- Early stage advice re: Defamation and Privacy claims (both to prospective claimants and defendants).
- International work:
- Finian is a Notary Public and is able to act for C&C clients to attest / authenticate documents required of England & Wales residents by other jurisdictions. Finian is also registered with the UK Foreign Commonwealth and Development Office to arrange legalisations of documents as required;
- proceedings held in England & Wales under the Evidence (Proceedings in Other Jurisdictions) Act 1975.
- Contested Probate and Private Client disputes (able to act for executors, trustees or prospective beneficiaries):
- Challenges to validity of wills arising from allegations such as undue influence, lack of testamentary capacity, breach of promises to inherit;
- 1975 Inheritance Act proceedings for reasonable provision for family and dependants;
- 1925 Administration of Estates Act challenges and applications;
- Lasting Powers of Attorney – advice on duties and powers, challenges to LPAs; Court of Protection applications
- Workplace disputes:
- Employer / employee/ worker contractual claims falling outside the Employment Tribunal’s jurisdiction;
- Contractor (and in particular service company) disputes;
- Partnership and LLP member disputes;
- Data Protection issues;
- Employee and workers’ statutory and contractual claims in the Employment Tribunal