Partners

Commercial Litigation & Dispute Resolution Partner

Phone:
01582 390409

Expertise:

Tracy is a Partner in the Commercial Litigation and Dispute Resolution team. She has substantial expertise in both commercial disputes and contentious probate claims.

She undertook her training contract with Wilde Sapte and subsequently joined Cameron Markby Hewitt, specializing in insurance litigation. She joined Taylor Walton in 1997 and became a Partner in 1999.

Tracy has advised in several claims by businesses against former employees for breach of their contracts of employment, including claims for injunctions for breach of restrictive covenants and misuse of confidential information. She acted for the Claimants in the case of LC Services and Others v Andrew Brown and Another [2003] EWHC 3024 (QB).

Tracy acted on behalf of a company in a claim for breach of fiduciary duty against its former director, including allegations of conspiracy to divert a corporate opportunity and making a secret profit.

She also advises on construction disputes and has obtained summary judgment on behalf of a contractor for interim payments, as well as being involved in a number of adjudications. Tracy also advised in claims against a major housebuilder for defects in the construction of a residential development.

Tracy is also regularly instructed on software disputes, including the termination of software procurement contracts for failure by the supplier to achieve the required specification and/ or meet go live dates.

Tracy's extensive expertise in contentious probate claims includes the following: 

• Acting for Claimants, Defendants and Executors in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975.
• Claims to challenge the validity of Wills and Codicils including issues of want of knowledge and approval, undue influence and lack of testamentary capacity.
• Disputes between Executors and Trustees and advising on applications to remove and replace Executors and Trustees
• Acting for Executors on making an application for Directions
• Acting in connection with an application by the Trustees of a settlement for a Court Order blessing the Trustees' exercise of their powers
• Acting for Claimants in proprietary estoppel claims

She advised Lady Caroline Cox-Johnson in a substantial claim involving a dispute over her late husband's last Will, which went to trial in early 2007 and attracted significant attention in the national media. The claim was settled part way through the trial. The specific details of the settlement are confidential but the challenge to the validity of the Will was withdrawn by Lady Caroline's step-sons and probate of the Will was granted to Lady Caroline.

Expertise: Contract Disputes, including IT/Software and Construction Contracts; Contentious Probate; Enforcement of Restrictive Covenants in Employment Contracts; Partnership Disputes

Member of the Association of Contentious Trust and Probate Specialists.

Leisure:

Swimming, cycling, canoeing, reading