Melody Hadfield

Melody benefits from substantial legal research experience and strong analytical skills, both of which equip her for tackling particularly complex commercial matters.  She has extensive experience, in particular, with disputes raising questions in relation to the formation, interpretation and effect of contracts (including guarantees and consumer contracts) and deeds, as well as questions of mitigation and measure of loss. Her experience extends to enforcement matters and includes assisting with a claim to enforce a number of foreign judgments in a total sum in excess of USD 130 million, as well as appearing in the ADGM Courts in proceedings concerning the grant of a charging order over company shares.  Other highlights include:

• F&T Terrix Limited v CBT Global Limited [2021] EWHC 3379 (Comm). Sole counsel for the successful claimant in Circuit Commercial Court proceedings arising out of the non-delivery of a shipment of nitrile gloves, raising issues in relation to contractual interpretation, waiver and measure of damages.

• Arbitral proceedings (conducted in French language), worth in excess of USD 200 million, arising out of an agreement between two corporate entities to jointly pursue an oil exploration venture. The dispute raises complex questions concerning agency, disclosed principals, good faith and fiduciary obligations.

• Advising on the enforceability of a personal guarantee contained in a tenancy agreement, where the intended guarantor had signed the tenancy agreement as director of the tenant company but not in his personal capacity.

• Acting as junior counsel in assessment of damages proceedings in the Chancery Division (for a claim worth in excess of £8 million) to determine the value of a shareholding in a higher education provider, involving argument about the appropriate valuation methodology and the application of a minority discount (settled).

• Acting as sole counsel for the successful public authority in a dispute over the existence and terms of a vehicle hire agreement, the effect of a no-oral modification clause and the applicable measure of damages.

• Assisting a provider of French holiday accommodation in connection with a customer’s proposed claim for repudiatory breach of contract arising out of the cancellation of her reservation (where the cancellation occurred as a result of restrictions imposed by the French government in light of the COVID-19 pandemic). The proposed claim raised interesting issues of contractual interpretation, frustration and measure of damages.

• Advising on the proper interpretation and effect of limitation and exclusion clauses in an agreement for the sale of fruit processing equipment.

Melody’s experience extends to a wide range of traditional and commercial chancery matters, including lenders’ possession claims, claims raising company law and insolvency issues, statutory demands, wills and the administration of estates and proceedings in the Court of Protection. Examples include:

• Acting for the successful commercial landlord in a fiercely contested summary judgment application in a dispute concerning the lease of business premises, raising questions about the effect of a no set off clause and the enforceability of a guarantee.

• Acting for a bank in multi-party possession proceedings including a subrogation claim and raising issues in respect of limitation, mistake and unpaid vendors’ liens.

• Advising on the effect of a creditors’ vote under paragraph 56(1) of Schedule B1 of the Insolvency Act 1986 and the Insolvency Rules 2016, and on the terms of the resulting settlement agreement.

• Acting as junior counsel in claims in the Chancery Division worth nearly €50 million, brought by administrators against a company secretary in relation to alleged conflicts of interest and failures to provide accounting information to company directors (with a view to enabling the company to identify frauds perpetrated by one of its directors) (settled).

Melody particularly enjoys commercial work with an international dimension. She has produced notes and advices on jurisdiction and, in particular, on the location in which financial loss is suffered for the purposes of the tort gateway.