John Blackmore
Call 1983 (Inner Temple)
Qualifications LLB (London); University of Auckland, New Zealand Bar Exams; University of Bristol Post Graduate Certificate in UK and EU Competition Law
Professional Memberships New Zealand Bar, Chancery Bar Association
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Background
John Blackmore is a specialist commercial litigator.
Before joining Chambers and establishing the Commercial & Chancery Practice Group, John was a partner in one of the largest commercial firms of barristers and solicitors in Auckland, New Zealand, where his cases included acting as Counsel on behalf of the New Zealand Government appointed administrators in two insolvencies of large financial services groups of companies, patent licensing arbitration in the USA and the defence of claims against a land development company, where the seafront development was subject to erosion.
Areas of Practice
His practice in the UK has built on his New Zealand experience and he has been involved in a large number of commercial cases dealing with contractual, property disputes, shareholder disputes, professional partnership disputes, professional negligence claims, intellectual property, restraint of trade and civil fraud which have substantially contributed to the development of St John’s as a force in commercial litigation.
Recent Cases
Last year he has successfully acted for claimants in making recoveries in the following cases:
- Penton Salisbury Ltd v Peugeot Motor Company – in a claim for negligent misrepresentation: action against Peugeot which induced a major dealership to purchase a Peugeot franchise. The claim in damages for economic loss resulted in a judgement in the High Court in excess of £1.25 million.
- MAC Hotels Ltd v Midas Construction Ltd – claim on behalf of Swiss based clients in conspiracy to defraud and breach of contract in the construction of a luxury hotel and spa resulted in a joint payment of damages in excess of £4.8 million (see below)
- MAC Hotels Ltd v Rider Levett Bucknall Ltd and WT Hills Ltd, claim on behalf of Swiss based clients in negligence against the project managers and quantity surveyors in respect of the construction of a luxury hotel and spa which has resulted in a joint payment of damages with Midas in excess of £4.8 million. (see above).
This year he has made recoveries on behalf of claimants in the following cases:
- MAC Hotels Ltd v RVW Ltd, claim against consultant engineers for negligence in advising and supervising the construction of a sewage and drainage system at a luxury hotel leading to a recovery in excess of £440,000.
- MAGGS & Taylor v Oaktree Parks Ltd, judgement in fraudulent and negligent misrepresentation in respect of the mis-selling of holiday homes.
Partnership
John has successfully acted in a large number of professional partnership disputes including:
- O’Brien & Partners v Ashmole & Co – dispute between partners of large firm of accountants in South Wales regarding retirement provisions, partition of offices and clients, and misuse of confidential information.
- Hills v Tonner and others – a dispute between a specialist dental partnership regarding ownership of partnership property, division of profits and work-in-progress.
Company Law
Cases include:
- Blackmore v Richardson [2005] EWCA Civ 1356 – shareholders dispute including order for sale of shares and purchase at fair value, the effect of the petitioner’s misconduct.
Property Disputes
Cases include:
- Forest of Dean District Council v Forestry Commission, acting on behalf of District Council in claims involving ancient rights of grazing in the forest.
- Stroud District Council v Cathedral Properties Ltd, retained by District Council in enforcing sale and purchase of development land.
Restraint of trade
Cases include:
- Kjellbergs Successors A/S v Robinson and others, acting on behalf of Copenhagen based company against ex-director in breach of claims for misuse of confidential information, breach of fiduciary duties as a director, and unlawful use of registered design.
- Tozers v Vick instructed on behalf of a firm of solicitors following resignation of a partner to rival firm, application to restrain former partner within terms of partnership deed, and compensation for work in progress losses and wrongfully inducing clients to leave firm.
Intellectual Property
Cases include:
- Acting on behalf of Shiner Ltd as the sole UK distributor and Heeling Sports Ltd as US patent holder in a series of infringement actions in respect of the ‘heelies’ sporting shoe incorporating the ‘wheel in the heel’.
- SMAE Institute v Stonebridge Associated Colleges – obtaining restraining order to prevent use of domain name.
- Eastern Eye Ltd v Miah and others – restraining the use of trade name and logo, passing off and trademark infringement.
Mediation
This is now an important weapon in a commercial litigator’s armoury. John has developed the presentation of his clients’ case through targeted position papers which this year has resulted in successful outcomes both in a major professional partnership dispute and a construction case.
Direct Access
John is qualified to undertake Direct Access work in appropriate cases, for further information, please visit our Direct Access page.
