Sylwena is an Associate within our Commercial Litigation team, since qualification in 2005 she has acted for a diverse range of clients. Her experience covers a wide range of general commercial disputes and also encompasses high value pensions’ litigation, High Court employment cases and franchise related disputes.
Sylwena tailors her approach to compliment her client’s requirements and offers pragmatic and commercially astute advice from the outset. She recognises the importance of balancing commercial realities against legal principles and therefore seeks to understand the commercial context of each dispute in order to frame her advice on tactics and strategy generally.
Examples of Sylwena’s work include:
- acting for a sponsoring employer and the trustees of a Retirement Benefits Scheme in a substantial claim against the former solicitors who had been instructed to provide legal advice to them in relation to the Scheme. After comprehensive pre-action letters of claim and response, and the exchange of expert evidence concerning quantum, the claim was referred to mediation and successfully settled on confidential terms;
- acting for an Independent Trustee of a pension scheme in relation to its High Court application for declaratory relief concerning the validity or otherwise of the scheme’s purported winding up, cessation of accruals, equalisation and the validity of the Actuary’s GN19 certificate;
- successfully obtaining injunctive relief and damages for clients (mainly Franchisors) in respect of breaches of restrictive covenants, breaches of confidentiality, enforcement of guarantees and/or team moves;
- advising Directors in relation to their claims for wrongful dismissal and breaches of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and successfully defending the counterclaim levied against them for alleged breaches of contractual, fiduciary and statutory duties;
- acting for a healthcare provider in relation to various disputes concerning unpaid fees and enforcement of personal guarantees; and
- successfully using alternative dispute resolution to achieve commercially attractive settlements.