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Paul  Whitaker

Contact Details

DD. 023 8071 6125
T. 023 8071 8000
F. 023 8071 8119
E. Email me
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11 The Avenue
Southampton
SO17 1XF

DX. 38507 SOUTHAMPTON 3

Paul Whitaker

Partner and Head of Dispute Resolution

Area of Expertise

  • Commercial
  • Dispute resolution
  • Employment
  • Real estate disputes

Specialisms

  • Shareholder/partnership disputes
  • Dismissing senior executives
  • Breach of confidentiality
  • Breach of restrictive covenants
  • Breach of contract claims
  • Unfair/wrongful dismissal and discrimination

Having qualified as a solicitor in 1985 I became a partner from 1992 and joined Moore Blatch in 2004, now heading up the firm’s dispute resolution department. 

The clients I typically look after are medium-sized and large businesses (which are often owner managed) and private individuals. Areas that I specialise in include:

  • Disputes that arise within businesses when owners/shareholders/partners/senior management fall out;
  • Theft and misuse of confidential information;
  • Breach of restrictive covenants;
  • Breach of contract and negligence claims;
  • Private individuals in relation to employment disputes such as unfair/wrongful dismissal and discrimination claims.

I am a mediator and workplace mediator and enjoy using my 30 years of experience to mediate disputes particularly in the practice areas of employment, commercial and property litigation. I also have a lot of experience in commercial property disputes.

I am married with 2 children, a keen cyclist and enjoy listening to music, mostly classical and jazz.

Accreditations

  • Accredited mediator 2005
  • Accredited workplace mediator 2010

Memberships

  • Employment Lawyers Association

Directory Quote
 

“with more than 25 years experience in commercial litigation Paul deals with a range of cases encompassing property and construction disputes, breach of contract, professional negligence, shareholder and partnership disputes”

Legal 500

Example cases

Trusted v Clifford Chance [2000] W.T.L.R 1219

In order for a beneficiary to claim that, but for a solicitor's professional negligence, they would have been entitled to a greater benefit under a will than they had received, the beneficiary must prove it was the testator's intention to confer that particular benefit for the solicitor to owe them a duty of care.

Clinicare Ltd (formerly known as Strasbourgeoise UK private health insurance services Ltd) v Orchard homes & development Ltd [2004] EWHC 1694 (QB)

A written indication by a property owner that they were 'unaware' of dry rot within the property was not only a fraudulent misrepresentation but could carry with it an implied negligent misrepresentation that the property owner had taken reasonable steps to ascertain whether dry rot existed.

Herbert v Doyle [2010] EWCA Civ 1095

An oral agreement, in which one or more of the parties was to acquire an interest in property, but where the parties intended that further formal terms would be agreed or that their agreement would not be immediately binding, could not be enforced by means of a constructive trust.

Churchill Retirement Living Ltd v Luard [2013] EWHC 26 (Ch)

There was no justification for refusing a defendant's application to strike out parts of a Particulars of Claim where, in an application for interim injunctive relief, the Claimant had disclosed its evidence and the court had found those parts of the particulars of claim unarguable.

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