Samantha Fleming

Recent Work

• Advised a multimodal logistics company on a £1.9m claim. The sum was undisputed however the defendant argued that the sum owed should be offset against sums it had incurred voluntarily but which it attributed to our client. The matter was settled prior to the issue of proceedings.
• Advised a public sector organisation against a claim brought under a contract by way of an arbitration notice for an unspecified sum. Produced a position statement containing a detailed analysis of the matter which set out the client’s defence and counterclaim which was in the region of £500,000. Following a formal one day negotiation this matter was settled prior to the commencement of the arbitration.
• Advised a property development company on the enforcement of personal guarantee given by a director where the amount of interest claimed exceeded the original loan. A successfully summary judgment application was brought and the judge ruled that the guarantee was enforceable with considerable interest.
• Advised a German company that had not received a refund of €245,000 from an English company that had sold it defective iPhones. The English company admitted that the iPhones were not of sufficient quality and issued credit it notes which is subsequently failed to pay. Advised that insolvency proceedings should be commenced as the debt had been incurred prior to the global pandemic. Following successful submissions to the court the English Company entered negotiations and the debt was paid in full.
• Advised an aviation services company on recovering a substantial debt from a creditor during the pandemic. The debt was paid in full without the need for debt proceedings to be commenced.