Tim Gray - Partner

The Dispute Resolution department in Clough & Willis is one of the strongest in the Lancashire outside of the large Manchester firms; it comprises specialist litigation solicitors and dispute resolution solicitors of every level of experience and deals with all manner of commercial and personal claims.

Tim Gray heads the Dispute Resolution team; with over 15 years experience specialising in litigation and employment law. He now deals principally in all aspects of commercial litigation, as well as Employment Law.

His areas of expertise include:-

Company & Partnership Law

Shareholder disputes: claims brought by shareholders in companies whose rights have been breached by other shareholders or directors.

Director's disputes: including the removal of directors; claims arising from alleged breaches of fiduciary duties on the part of directors; breaches of directors' service agreements.

s994 Companies Act Petitions (previously s459): a claim brought by a shareholder on the grounds that the company's affairs have been conducted on a way prejudicial to the interests of some or all of the shareholders.

Derivative claims: made by minority shareholders to protect the company's interest these are claims which begin in the shareholder's name and must then be conducted (with the permission of the Court) in the company's name. These claims are often complex, and require specialist advice which Tim is able to offer.

Breaches of warranties following business sales: often as part of a sale the owner gives assurances (warranties) about the company eg regarding debts, levels of trading, and future non-competition etc. Tim pursues/defends claims arising from misrepresentation or breaches of such warranties.

Partnership disputes: where partners come into conflict there may be terms in the partnership agreement (or partnership deed) which set out grounds for expulsions and dissolutions. Alternatively the partnership may not have such provisions in place and be relying simply on the Partnership Act 1890. Tim deals with litigation arising from these disputes.

Breaches of covenants: Covenants (or contract terms) may be expressly stated or implied into a wide variety of contracts. Tim deals with claims arising from alleged breaches for Claimants and Defendants. These include restrictive covenants in employment contracts, franchise and agency agreements and following sales of businesses.

Construction Disputes

Sub contract claims; many building disputes arise between main and sub contractors, arising from delays in contract works, variations and contract changes. Tim acts for main and sub contractors in such disputes.

Insurance Claims

Tim acts for a national insurance company heading a recovery department dealing with Road Traffic Accidents (RTA). He pursues claims in Courts across the country dealing with outlay recovery, credit hire and excess claims. He also pursues Household Insurance claims.

Other areas of experience include:

Intellectual Property: defending claims in Patent, protecting patents, passing off, trade mark, registered designs and copyright, including website law and protection and other dispute claims involving new the internet and new media.

Claims on Death : bringing claims where wills (or instestacy rules) do not make proper provision for dependants. Acting for estates defending such claims. Also acting where there are questions arising about the mental capacity of the deceased, or questions of undue influence. Advising generally on issues arising from Wills, Trusts and Probate in conjunction with the firm's Private Client specialists.

Injunctions

Injunctions are orders from the Court requiring a party to take or to cease from doing certain acts.

Injunctions are not stand alone remedies: they arise from rights which can be enforced in Court.

Injunctions may be obtained in emergency situations, either with or without notice to the other party (often called "ex parte”). Where such emergency injunctions are obtained the Claimant must bring the case to trial as soon as possible.

Tim has extensive experience in bringing and opposing injunctions (including emergency injunctions) in commercial disputes.

Tim acts for all types of clients from individuals, Limited Companies and PLCs across Bury, Manchester and Lancashire as well as the North West and nationally, across the UK .

An active participant in the Association of North West Law Societies, Tim is a former president, a post which has been held by a total of three partners at Clough & Willis Solicitors. He is also the president of the Bury and District Law Society.

Tim has been married to Fiona - Deputy Head at Bury Girls Grammar School Junior Department - for 6 years. He is heavily involved in the Manchester based St James's Club. Tim regularly sings with the Manchester University Chorus and enjoys going to the theatre.

timothy.gray@clough-willis.co.uk

Tim has published numerous articles, some of which can be found on the press release pages of our website or here.