Vyman is committed to helping our clients to successfully resolve their legal issues. View our case studies to see some of our recent work which demonstrates our range of expertise.
Property – Adverse Possession
We have won notable cases, including the landmark case of Beaulane Properties Limited v Terence Charles Palmer (The Times, 13 April 2005) in which the Court was persuaded to apply the Human Rights Act to a private property dispute for the first time.
Banking Law – Event of Default
There are many cases where banks have declared events of default on the basis of breaches of covenant. In the case of Prima Equity Ltd v West Bromwich Commercial Ltd (2013), we assisted a substantial property client in a dispute with a major commercial lender.
Our client, Prima Equity Ltd acquired a loan of several million pounds from West Bromwich Commercial Ltd. The loan was well secured over a portfolio of commercial properties many of which were let to ‘blue chip’ tenants. Annual interest payments and capital repayments were several hundred thousand pounds –which our client was meeting.
However, the client overlooked paying two fee instalments – required by the bank to bring forward the repayment date and remove break clauses from leases – which had the effect of increasing the value of its security.
In October 2012, the lender declared an event of default, made a formal demand for repayment, sought to enforce rent assignments and charged an extra 2% default interest.
As soon as the error came to light, the amount due was immediately paid. But the lender did not back down. Thus, in order to protect our client’s interests, we had no option but to fight before the High Court in March 2013.
It also came to light, during the course of the proceedings that, in fact, the lender had been taking extra capital payments which were ‘obscure’. The relevant letters sent by the lender indicated that such payments were of interest only. Thus, the lender actually had been overpaid!
We were able successfully to challenge the lender’s actions and (1) obtained a declaration that the loan was not repayable (2) overturned the enforcement of rent assignments and (3) obtained an order for repayment of default interest charged and capital overpaid. Our client was also awarded costs.
Defending claims by Creditors
We acted for an individual from Africa and successfully defended a claim in respect of an alleged debt of £1.5 million. The case was dismissed with costs awarded to our client.
Also, while acting for a corporate client, we successfully challenged an alleged debt, leading to the creditor withdrawing the petition.
We have acted for an individual and successfully defended a statutory demand from a major bank for £500,000, arising from borrowings relating to development of properties.
Disputes in Family Businesses
Vyman has considerable experience of family business disputes where matters are not agreed or formalised both via Court proceedings and via mediation or arbitration.
In one case, due to the intransigence of our clients’ opponents, the case went all the way to the Court of Appeal to enforce our client’s wish that all family assets be sold and distributed amongst beneficiaries.
In another case, we were able to successfully resolve the dispute without recourse to Court proceedings through the involvement of community mediators.
We have undertaken work on behalf of the accused in a number of prominent, serious cases before the Courts with the following successful verdicts:
R (Regina, which stands for the Crown) v P – Alleged murder in the Dartford area, whereby the victim was stabbed multiple times. With Vyman providing legal representation, P was acquitted of murder but convicted of manslaughter.
R v C – An allegation of Section 18 GBH involving two friends living together in the same flat. C is alleged to have seriously injured V, causing life-threatening injuries by stabbing him in the stomach, following a drunken argument. C was acquitted.
R v H – Allegations of serious sexual abuse committed over a number of years upon a granddaughter with learning difficulties. There was an eight-count indictment with acquittals in four and convictions in the others.
R v A – An allegation of rape committed upon an ex-partner. The defendant pleaded guilty in light of expert DNA evidence.
R v W – An allegation of £145,000.00 fraud/theft from employer. W pleaded guilty and received an 18-month prison sentence.
R v C – An NHS price fixing fraud relating to contracted building works within the NHS. Further to the start of the trial, C and others were all acquitted.
R v A – Female defendant charged with two Racially Aggravated Section 4 offences and a Racially Aggravated Common Assault outside a school. Despite the strength of the prosecution evidence and testimony from independent witnesses, A was acquitted of all charges.
R v P – P was charged with failing to provide a specimen of breath. After trial and successful interrogation of the procedure adopted by the police, P was acquitted.
R v X – We represented a youth charged with offences when he attempted to grab the Olympic Torch as it made its way through Kent. This was a nationwide matter and had to be dealt with the utmost professionalism, from the initial attendance at the police station through to conclusion.
R v E – A youth was charged with two Common Assaults on ticket inspectors. The youth was alleged to have assaulted the inspectors on a train after an argument regarding a train fare. Having closely examined the CCTV footage and subsequently made written submissions to the Crown prior to the trial date, the case was withdrawn and the client formally acquitted.
Vyman acted for an employee who was employed as a manager for a company. He was dismissed after he took a van without authority to attend a party of another manager.
It was discovered that several other managers had borrowed vans for unauthorised purposes. However, these other managers had not been dismissed. We persuaded the Employment Tribunal that the employee had been unfairly dismissed. He was awarded compensation for unfair dismissal in the region of £70,000.
Subsequently, at a Remedies hearing Vyman also obtained an order that the employee should be re-engaged. The company refused to re-engage the employee, although he showed up for work on the appointed date for his return.
Following some fruitless negotiations, the case was bought back to the Employment Tribunal. The employee was awarded an additional award for the failure of the company to re-engage him. He was also awarded a figure in relation to his costs.
Given that orders of re-engagement and of costs by Employment Tribunals are very rare, this was a notable result.