Alejandra Hormaeche

ahormaeche@tanfieldchambers.co.uk

Practice Groups
Business & Commercial
Property

Career
1998 Called to the Bar

For further information please contact:

Joanne Meah, Property Clerk, 020 7421 5300

David Wright, Commercial and Direct Access Clerk, 020 7421 5300

Profile

Alex has been a tenant at Tanfield Chambers since 2001 and has acquired a broad range of experience in many areas of civil litigation. She has developed expertise principally in the areas of commercial and property litigation. Alex regularly appears in County Courts and the High Court. She is due to appear in the Court of Appeal at the beginning of 2012.

Being Spanish and speaking the language fluently, Alex has received instructions from Spanish lawyers as well as from solicitors acting for Spanish clients. These cases tend to involve commercial disputes with a Spanish element and jurisdictional issues. Alex is happy to conduct conferences and peruse documents in Spanish, without the need for an interpreter to be instructed in the case.

Alex is able to receive instructions directly from lay and professional clients under the Public Access Rules and will consider whether taking on direct access work without a solicitor’s involvement is appropriate, or alternatively, advise at an early stage and refer such work to solicitors if the case requires it.

Experience

Alex’s recent experience includes:

Property

• Insurance claim arising out of a fire that destroyed premises used as a restaurant. Acted for the lessee in a claim for breach of the covenants to insure and to reinstate. Also acted for the lessee in related Part 8 proceedings involving the exercise of an option to purchase the freehold.
• Instructed to defend a claim involving property damage to a church allegedly caused by the negligence and nuisance of a highway authority whilst performing its statutory obligation under section 41(1A) of the Highways Act 1980.
• Acted for the purchaser of commercial property following the sale of land at auction. The claim against the seller was for misrepresentation regarding vehicular access to the rear of the property.
• Advised the leaseholders of flats situated in residential premises with a commercial element in respect of a claim against their landlords for breach of the covenant of quiet enjoyment as a result of building works having commenced but not been completed satisfactorily following the service of section 20 notices. The claim also concerned the leaseholders’ right to manage.
• Acted for the Claimant in a dispute between neighbours involving claims in nuisance, trespass and under the Protection from Harassment Act 1997.
• Boundary disputes, adverse possession claims, alteration and rectification of the register.
• Service charge disputes.

Commercial

• Acted for a Madrid based fashion company in a claim for the payment of invoices and for the cost of transporting fashion merchandise to London with the Claimant seeking to recover approximately €250,000. The case settled favourably to the Spanish client thereby avoiding the expense of having to issue proceedings within the jurisdiction.
• Acted for the Defendant owner of a chain of hotels in Spain, in response to a claim for an EOP in the principal sum of £94,130.81. Appeared on behalf of the Spanish hotel at an interim hearing of the Defendant’s application contesting the court’s jurisdiction, involving provisions of the Judgments Regulation and CPR Part 11.
• Acted on behalf of sports marketing company incorporated in Spain in response to a claim issued against it in the High Court (QBD). Advised on limitation, the procedure for service out of the jurisdiction, and the extension of time for service of the claim form. Attended the interlocutory hearing of the Defendant’s application contesting the court’s jurisdiction to try the claim.
• Instructed on behalf of the Respondent following the grant of a freezing injunction without notice to the Respondent and the appointment of a trustee in bankruptcy. Instructed to appear at the hearing of the Respondent’s application to discharge the freezing injunction.

Personal Injury

• Acted for a Chilean Claimant cyclist who sustained a severe leg injury when she was involved in a collision with a lorry driver. Advised in conferences in Spanish. Claim settled for £280,000 and was reported in the Evening Standard.
• Regularly instructed by Russell Jones and Walker to act for Claimant cyclists involved in road traffic accidents on a conditional fee basis.
• Regularly instructed by local authorities to defend personal injury claims brought against them in slipping and tripping cases, accidents in the school playground involving supervision by the teaching staff, employers’ liability particularly in the context of schools, occupiers’ liability, and highways claims.

Significant cases

RMS Properties v Singh [2012] acted on behalf of the Defendants in a claim for vacant possession of a garage. The claim was defended on the basis of adverse possession and Alex was wholly successful before the judge at first instance following a 2 day trial. Alex is instructed to appear on behalf of the Respondents at the Court of Appeal hearing involving an application for an extension of time for appealing, an application for permission to appeal, and the substantive appeal.

Thomas Cook v Industrias Hoteleras del Mediterraneo [2011] acted for the Defendant owner of a chain of hotels in Spain, in response to a claim for an EOP in the principal sum of £94,130.81. Appeared on behalf of the Spanish hotel at an interim hearing of the Defendant’s application contesting the court’s jurisdiction, involving the relevant provisions of the Judgments Regulation and CPR Part 11.

720 Degrees v International Sports Organisation [2011] 31.3.11 Master Fontaine; acted on behalf of sports marketing company incorporated in Spain in response to a claim issued against it in the Queen’s Bench Division of the High Court. Advised on limitation, the procedure for service out of the jurisdiction, the extension of time for service of the claim form and costs. Advised the Spanish client on the merits of the application in a telephone conference in Spanish and attended the interlocutory hearing of the Defendant’s application contesting the court’s jurisdiction to try the claim.

Iriarte Trading Fashion v Fashionista Outlet Limited [2011] instructed by a Spanish law firm acting on behalf of a Madrid based fashion company. The proposed claim was for the payment of invoices and for the cost of transporting fashion merchandise to London with the Claimant seeking to recover approximately €250,000. Advised on procedure and costs, and drafted the letter before claim. The case settled favourably to the Spanish client without the need to issue proceedings.

David Crossley-Cooke v Europanel (UK) Limited [2010] EWHC 124 (Ch). The Respondent company had supplied MDF panels to the Appellant and served a statutory demand in respect of three unpaid invoices. Acted for the Respondent at the hearing of an appeal from the decision at first instance refusing an application to set aside a statutory demand.

Truegold International Ltd v (1) Questrock Ltd (2) Mobota Begum [2010] LTL 11/3/2010 appeared for the second Defendant in Part 8 proceedings for the determination of questions of law concerning whether an option to purchase freehold property had been validly exercised by the assignee of the benefit of the option and whether the assignee’s rights under the option agreement took priority over a lessee’s rights under a lease granted after the option agreement had been entered into.

Kupfer v Dunne [2003] EWCA Civ 1549, following a 5 day boundary dispute between two residential properties in which Alex was wholly successful before the judge at first instance, she was led in the Court of Appeal on an appeal from the judge’s determination of the boundary.

Publications

Contributor, Service Charges and Managment: Law & Practice 2nd edition (Sweet & Maxwell)

In the media

Alex is a regular contributor to Personal Injury Brief Update Law Journal http://www.pibriefupdate.com/contributors.php and has contributed the following articles:

PIBULJ 2008 'Part 36 Offers - When is a judgment more advantageous?'

PIBULJ 2007 'Low Velocity Impacts – developments since Kearsley'

PIBULJ 2007 'Dishonesty – Where to draw the line?'

PIBULJ 2007 '“RTAs” and Recovering the Cost of a Hire Vehicle'

PIBULJ 2006 'Low Velocity Impacts – tips on what to look out for when dealing with personal injury claims arising out of low velocity' impacts

PIBULJ 2006 'Claimants Working on the “Black” Economy and Fraudulently Obtaining Benefits – the defence of illegality'

Memberships

Member, Personal Injury Bar Association

Member, Property Bar Association

Member, British Spanish Law Association - Alex is Spanish and speaks the language fluently. She welcomes instructions in cases involving a Spanish element.

Qualifications

LLB Hons (University of Manchester)

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