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Mek Mesfin

Call 2014

Commercial

Mek is regularly instructed to advise on and appear in Court in commercial disputes and has experience of a wide range of commercial areas including, sale of goods, supply of services, agency, bailment, jurisdiction, conflict of laws and insolvency.

Selected Cases

  • Mek is currently instructed as sole counsel in a c.£600,000 termination dispute about the provision of primary care services to an NHS Trust. The matter is being resolved through expert determination and involves issues of contractual and common law termination, good faith clauses, exclusion clauses.
  • Mek is instructed as sole counsel in a c.£600k case relating to a guarantee / bond under a building contract progressing through the Commercial Court.
  • Settling a Particulars of Claim for a claim relating to the theft of a cheque following the distribution of a residuary estate; included consideration of conversion, restitution and unjust enrichment.
  • Instructed as sole counsel on an upcoming trial regarding a failed business venture; involving allegations of breach of contract / fiduciary duty and conversion.
  • Advising and settled Particulars of Claim for a claim in contract / negligence for the supply and installation of an allegedly defective nitrogen generator fitted within a laser cutting machine. Mek’s client achieved a favourable settlement shortly after service of his Particulars of Claim.
  • Advising on and settling Particulars of Claim against both a supplier and manufacturer of a defective heating system; involved issues of breach of contract, Sale of Goods Act 1979 and Consumer Protection Act 1987.
  • Successfully representing a local authority in a claim brought for alleged negligence / breach of statutory duty by failing to maintain security around local authority properties. The Court accepted Mek’s submissions on causation / novus actus (a criminal act which broke the chain of causation) and dismissed the claim.
  • Successfully defending a national estate agent at the trial of a claim that it had acted in breach of contract; Mek was successful on all points, namely, establishing that there was no contract, even if there was there was no breach of it, and even if there was a breach the losses alleged to have been suffered were not, in law, recoverable.
  • Advising and drafting a Defence for an IT company on claims brought against it for alleged breaches of a supply and maintenance contract. Issues included contractual and common law termination, exclusion/limitation clauses, admissibility of evidence and entire agreement clauses.
  • Successfully appeared on behalf of a commercial landlord defending a claim by a tenant alleging various breaches of a lease over a number of years.
  • Advising on whether defects in the quality of aircrafts supplied to a national carried permitted common law or contractual termination and on the effect of the agreements limitation / exclusion clauses.
  • Successfully represented a garage against a claim made by a taxi driver regarding an allegedly defective service of a premium vehicle. Successful on both of the key issues, namely, breach and causation.
  • Represented an asbestos removal company in a claim made against them following the removal of asbestos ceilings from a domestic property; the award of quantum was reduced by a factor of 10 from the value of the original claim.
  • Advising on the recovery of various losses that flowed from termination of a partnering agreement following the insolvency of one of the parties.
  • Advising a government department on issues of limitation and whether the Isle of Man or England was the correct jurisdiction in which to bring proceedings.
  • Advising a purchaser on whether a shipyard was in repudiatory breach of an Option Agreement and Shipbuilding Contract for failing to provide a Refund Guarantee. Issues included collateral contracts, entire agreement clauses, repudiatory breach, common law / contractual termination and frustration.
  • Advised on disputes relating to the Construction Plant Hire Association (CPA) terms, including issues of incorporation, exclusion / limitation clauses, vicarious liability and burdens of proof.
  • Drafting a Defence against a claim brought regarding the supply of allegedly defective IP68 quality water connectors; involved issues of incorporation, exclusion / inclusion clauses and UCTA.
  • Mek has appeared in several credit hire disputes in the County Court and has experience of all the main issues including need, period, rate, impecuniosity and intervention offers.
  • Advising on and settling Particulars of Claim for a leisure centre against a local authority for an indemnity and/or contribution.
  • Mek conducted the first two days of a trial in behalf of an insurer relating to significant damage caused to a Highway; concerning no loss arguments and detailed quantum. The matter settled at the conclusion of Mek’s cross examination on favourable terms for his client.
  • Advised on the prospects of successfully defending an appeal on a novel question of impecuniosity and credit hire.
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Awards


  • Best Memorandum (Honourable Mention), Willem C. Vis Moot (2014)
  • Monckton Chambers European Law Essay Prize, Finalist (2013)
  • Prince of Wales BPTC and Residential Scholar, Grays Inn (2013)
  • Bar Council Law Reform Essay Competition, Prize Winner (2012)
  • Herbert Smith/The Times Advocacy Competition, Prize Winner (2012)
  • David Karmel GDL Scholar, Gray’s Inn (2012)
  • One Essex Court / The Times Law Awards, Finalist (2012)
  • Oxford Law Society Essay Prize, Winner (2011)
  • Sir Isaiah Berlin Prize, Corpus Christi College, Oxford (2011)
  • Sharpston Scholarship, Corpus Christi College, Oxford (2010)
  • SSE Scholar, English Speaking Union (2009)

News


Qualifications


  • Bar Professional Training Course, City Law School (2013 – 2014)
  • Graduate Diploma in Law, City Law School (2012 – 2013)
  • BA (Hons), Corpus Christi College, University of Oxford (2009 – 2012)

Memberships


  • COMBAR
  • TECBAR
  • SCL
  • PIBA
  • PNBA
  • BILA
  • TECBAR Adjudicator
  • Member of Panel of Adjudicators for the Construction Plant Hire Association.

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