Finian is Head of the Dispute Resolution team at Thomas Mansfield Solicitors.
He advises on commercial, civil and employment disputes, including breach of contract, agency and professional negligence claims. He has typically represented companies, partnerships and individuals in disputes with larger enterprises.
Finian also advises executors, trustees and beneficiaries on contentious private client and probate matters, and landlords and property owners on property disputes.
Finian takes care to understand a client’s objectives before deciding whether the interest of the client is best served through litigation in the Courts or through alternative dispute resolution techniques such as mediation. His approach is to resolve disputes pragmatically and at an early stage wherever possible.
Prior to qualifying as a solicitor in 2013, Finian worked for fourteen years as a newspaper journalist on regional and national titles in London, Manchester and Dublin. He studied Modern History at Oxford University as an undergraduate and obtained a distinction in his Legal Practice Certificate from the College of Law in London.
Finian practises independently as a Notary Public, is a member of the Notaries Society, and can be contacted directly to deal with any notarial enquiries.
Areas of expertise include:
Contested Probate and Private Client disputes
- Conduct of contested High Court probate proceedings relating to Inheritance (Provision for Family and Dependants) Act 1975 and challenges to wills arising from allegations of undue influence and lack of testamentary capacity;
- Challenges to Lasting Powers of Attorney and advice on attorneys’ duties and powers
Commercial disputes:
Advice to business owners on a wide range of issues including:
- conduct of County Court proceedings in contractual disputes in joint ventures, sale of goods, and supply of goods and services claims;
- debt recovery;
- proceedings under the Evidence (Proceedings in Other Jurisdictions) Act 1975;
- experience of international arbitration proceedings and High Court commercial litigation;
- Commercial Agents Regulations;
- Bribery Act 2010 contraventions in office procurement and supply contracts;
- Dispute relating to client liability under solicitors’ Damages Based Agreement;
- Dispute relating to commission due under broker/agency agreement;
- acting for defendants in Information Commissioner’s Office investigation into Data Protection breaches.
Property:
- Landlord and tenant: conduct of possession proceedings, advising landlords and tenants;
- negligence/breach of contract claims against managing agents;
- assisting in TOLATA claims arising from family/ couples disputes;
- boundary, nuisance and neighbour harassment disputes;
- estate management advice.
Employment:
Employer support to a range of businesses and institutions, including performance management, and capability / disciplinary procedures; corporate support advice in relation to TUPE liabilities; collective and individual redundancies consultations;
- work relating to claimant instructions in Tribunal proceedings (including discrimination claims);
- conduct of without-prejudice negotiations and preparation of, certification of, and advice on, employee Settlement Agreements;
- advice on, and negotiation of Settlement Agreement in connection with LLP Members’ dispute;
- advice on restrictive covenants, including enforcement; employee contracts; directors’ service agreements; advice on maternity rights, flexible working and fixed-term employees’ rights;
- responding to employee Data Protection Act Data Subject Access Requests.
Memberships:
