Get to know our Litigators

By Jerome O'Sullivan, Kevin Manship and Alice Lithgow

Jerome O'Sullivan

What is your work background before joining Fletcher Day?

Jerome has practised at a range of central London based firms, most recently as a Partner at Healys LLP. He has acted for a wide range of commercial and high-net-worth clients in variety of commercial disputes including construction, professional negligence, insurance and property disputes.

What areas of law do you specialise in?

While remaining a general commercial litigator, Jerome specialises in the following two areas.

He advises on a wide range of construction disputes including; latent and patent defects, delays, extensions of time, claims for loss and expense, prolongation and disruption; liquidated damages, interim and final accounts, suspension of works, retentions, collateral warranties, NHBC type warranties and nuisance claims.

He has conducted a wide range of professional negligence disputes involving lawyers, valuers, construction, finance and insurance professionals.

What are your career highlights to date?

Jerome was successful at trial and in the Court of Appeal in the ground-breaking case of Dreamvar (UK) Limited v (1) Mishcon de Reya (2) Mary Monson Solicitors, which involved an ID fraud in a property transaction. Dreamvar clarified solicitors' potential liabilities for breach of trust, breach of undertaking and breach of warranty of authority, to both the vendor and the purchaser.

Consequently, Jerome's comments on the case appeared in the Daily Telegraph, Times and Law Gazette.

What do you like to do in your spare time?

Jerome enjoys traveling to exotic places, fine food & wine, gym workouts to compensate, cinema, theatre and assisting at his local church.

He reads widely including history, economics, theology, current affairs and general fiction.

 

 

Kevin Manship

What is your work background before joining Fletcher Day?

Previously Kevin worked for Blake Morgan, where he had a very mixed practice of commercial litigation and commercial / advisory work. He acted for a range of clients in both the public and private sectors, including the Welsh Government, NHS organisations across England and Wales, IT and technology suppliers and commercial agents and principals in various market sectors.

What areas of law do you specialise in?

Kevin has vast and varied experience across most areas of commercial litigation and commercial law, but specialise particularly in:

  • Commercial agency law, where he is one of the leading practitioners. He acts for principals and sales agents across the full life cycle of an agency contract (from negotiating and drafting the contract, to advising on rights and obligations in specific situations and issues and claims arising out of termination of the agency contract, including claims for compensation and indemnity).
  • IT and technology law. Kevin acts for both suppliers and customers in the procurement, negotiation and drafting of contracts for IT and other technology projects and assist clients in dealing with day to day issues that arise during the operational phase of those projects, as well as formal disputes.
  • Disputes in the healthcare sector, including judicial review and disputes relating to the NHS standard contracts for GPs, dentists and opticians.

What are your career highlights to date?

Advising the Welsh Government on the Superfast Cymru project, which involved the rollout of superfast broadband to homes and businesses across Wales which previously had very low broadband speeds. Having negotiated and drafted what was an innovative contract, it was fascinating to observe how the contract operated in practice and immensely satisfying to see the project become so successful. Kevin believes that the continuity of his involvement in both the drafting and operation of the contract helped to quickly resolve any issues that did arise.

In commercial agency law, he acted for two sales agents in a high profile claim against their principal, Crocs Europe BV. The case dealt with key questions around the circumstances in which a principal could terminate an agency contract for breach of the duties set out in the Commercial Agents (Council Directive) Regulations 1993 and thereby avoid liability for compensation or indemnity. The clients were successful in both the High Court and the Court of Appeal, and it was fantastic to help them achieve a great outcome after all the time, effort and stress that they went through.

What do you like to do in your spare time?

Kevin loves to explore new places with his family and their two beagles. During the pandemic, Kevin has been more limited; however, he and his family have explored castles, beaches, forests and parks across Wales.

 

Alice Lithgow

What is your work background before joining Fletcher Day?

Alice has joined from Wellers Law Group LLP but has practiced in a number of firms in the City of London and West End. She has acted for insolvency practitioners, businesses, private clients and charities to resolve a wide range of disputes.

What areas of law do you specialise in?

Alice specialises particularly in insolvency, commercial and charities litigation.  She has expertise in the following areas: winding up petitions, bankruptcy, antecedent transactions, cross border insolvency, contractual disputes, shareholder disputes, financial and charity disputes.

What are your career highlights to date?

  • Successfully acted for the Joint Provisional Liquidators of a company in liquidation in Bermuda to obtain a Recognition Order in the High Court and arranging subsequent s236 interviews to obtain further information about potential claims.
  • Acting in Part 8 charity proceedings in the High Court Chancery Division in a charities dispute involving the Ethiopian Orthodox Church. After several contested Court hearings, the parties agreed to set up a new CIO under the Judge's guidance.
  • Represented a Defendant at a 16 week trial in the Commercial Court in a claim brought by 500 Claimants against the providers for investment schemes for (amongst other matters) dishonest assistance and breach of trust).
  • Issued the first claim in the Queen's Bench Division of the High Court citing the Human Rights Act 1998 and also represented a New Zealand client at a Privy Council hearing concerning Maori land rights.

Alice also enjoys working smaller matters and it is always a highlight to obtain good results for her clients.

What do you like to do in your spare time?

Alice is currently busy renovating a house in north London but also likes travelling and outdoor swimming. She has taken up peloton biking during the lockdown!

11 December, 2020
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Fletcher Day's excellent practice provides good quality, realistic and sensible advice, with particular expertise in the casual dining and retail sectors. - The Legal 500, 2019