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Liverpool 0151 236 7191
Preston 01772 254 764

Stephanie Cummings

Year of Call
2010
Education

BA Law (Jurisprudence)

Corpus Christi College, Oxford University

Diplock Major Scholarship, Middle Temple

Year of Call
2010
Education

BA Law (Jurisprudence)

Corpus Christi College, Oxford University

Diplock Major Scholarship, Middle Temple

Stephanie has developed a busy and diverse practice covering commercial and chancery, employment and general civil work.

Stephanie is highly regarded by both her lay and professional clients due to her approachable manner combined with her strong business acumen and thorough advice.
Stephanie frequently advises and represents both Claimants and Defendants in interim hearings, applications and trials across all tracks. Stephanie often accepts instructions in more obscure areas of law but in particular, she accepts instructions in the following areas:

Employment:
Stephanie regularly appears in the Employment Tribunal on behalf of both Claimants and Respondents in preliminary hearings, applications and final hearings. Stephanie has particular experience with cases involving discrimination, unfair dismissal and breach of contract but accepts instructions in respect of all areas of employment law.

Property:
Landlord and tenant (both residential and commercial), nuisance, trusts, constructive trusts & TOLATA. Stephanie is often instructed in possession proceedings and has recently presented a seminar concerning the new grounds for possession introduced by the Anti-social Behaviour, Crime and Policing Act 2014.

Commercial Litigation:
Stephanie has experience in drafting pleadings and preparing written advice for claims involving breach of contract, interpretation of contractual construction, sale and supply of goods and services, debt recovery, company litigation, recruitment and estate agency contracts.

Banking & Finance:
Financial services law and regulation, cases concerning the Consumer Credit Act 1974 and mortgage possession proceedings.

Insolvency:
Stephanie is regularly instructed in winding-up petitions and bankruptcy proceedings.

Civil:
Stephanie has significant experience with road traffic accidents and personal injury claims including LVI, credit hire, fraudulent claims, occupier’s liability, employer’s liability and highways claims.

Travel Law:
Stephanie accepts instructions across all areas of travel law, from food poisoning claims to claims for compensation arising out of delayed flights. Stephanie has a solid understanding of the Regulations and Conventions applicable to this area.

Stephanie undertakes advisory and drafting work in all above areas with paperwork being turned around within 14 days although she often does accommodate shorter periods on request.

Notable Cases:

  • Stephanie secured a 100% reduction for the Claimant’s contributory conduct and on the basis of the principles set out in Polkey v AE Dayton Services Ltd, on behalf of a Respondent who was found to have unfairly dismissed its employee.

  • Stephanie successfully opposed a commercial tenant’s application to set-aside a statutory demand served by his tenant for rent arrears and other amounts due under the lease totalling £155,000. The landlord had forfeited the lease by peaceable re-entry. The tenant disputed the validity of the forfeiture and intimated counterclaims for the value of stock and fixtures left behind.

  • Stephanie recently advised as to the definition of a house within the meaning of the Leasehold Reform Act 1967 and the applicability of such to the client's property. Such advice led the Council to withdraw it's objection to the client's application to obtain the freehold of the property under the 1967 Act.

  • Stephanie represented both the creditor and debt collection agency in a recent case where the debtor made allegations of malicious falsehood against the creditor in that the creditor had telephoned the debtor's business premises to seek payment of the debt. Stephanie succeeded in having such Defence and Counterclaim struck out and unreasonable conduct costs were awarded to her clients, this being a small claims matter.

  • Stephanie advised and later represented a Landlord in a pound breach case concerning the Distress for Rents Act 1689. Along with her instructing solicitor, she was able to negotiate a favourable settlement on the morning of trial.

  • Stephanie successfully resisted a Defendant's application to set-aside a writ of execution and withdraw its admission in a case concerning debt recovery.

  • Stephanie was successful in having her instructing solicitor’s success fee recovered from a child’s damages on behalf of the litigation friend in a case where the child had contracted food poisoning whilst on holiday.

  • Stephanie successfully represented three Claimants injured in a road traffic accident in a 4 day multi-track case in Liverpool County Court where the Defendant put the Claimants to proof as to the happening of the accident and occupancy of the vehicle in a quasi-fraud defence.
Notable and Reported Cases