Commercial Litigation - Peter Day
Property Litigation - Peter Day

Peter Day

Litigation Manager


01582 731161

  • About me
  • Experience

I am a Litigation Manager in our Commercial Litigation Department, based in Luton. I have been with Taylor Walton for nearly 40 years dealing exclusively with commercial litigation matters. Over that time, I have acquired a detailed knowledge having dealt with many thousands of varying type claims acting for limited companies, partnerships and individuals in both the High Court and County Court.

I have many years’ experience dealing with Alternative Dispute Resolution/Mediation work and advocacy at County Court level dealing with various type of applications.

My caseload typically involves:

  • Bulk Debt Recovery Services that are specifically tailored to meet clients’ needs/requirements;
  • General Debt Recovery work for both uncontested and contested matters;
  • Setting Aside Court Judgments;
  • Enforcement of Court Judgments;
  • Breach of Contract Claims;
  • Cease/Desist matters to include Injunctive Relief Applications;
  • Insolvency, Statutory Demands, Winding-up Petitions and Bankruptcy Petitions in relation to both the presentation of such on behalf of Creditors and the setting aside/dismissal on behalf of Debtors;
  • Bankruptcy Annulments;
  • Boundary and Right of Way Disputes;
  • Adverse Possession Claims to include Court proceedings and Land Registry Tribunal matters;
  • Party Wall Act cases;
  • Residential landlord and tenant cases – Housing Act possession claims;
  • Defended Bank Mortgage Repossession work;
  • Squatter Actions;
  • Retention of Title Claims

I provide to clients a no-nonsense approach to litigation matters, giving clear advice with suggested strategies/tactics and at the same time always giving consideration to the commercial viability of a particular case by providing clear estimates of anticipated costs and whether the matter remains economic to proceed with.

I am able to apply a calm and measured approach to litigation with practical advice in an environment which can at times become very intense and emotional for some people.

I joined Taylor Walton in 1983.

Some of my most recent cases include:

  • Acting for a commercial client, the providers of high tech machine tools, laser technology within the electronics industry and successfully making a retention of title claim pursuant to a Lease Agreement.  Goods were retrieved to the value of approximately £200,000.
  • Acting for a building contractor and successfully defending a claim for trespass/nuisance/aggravated/exemplary damages following the demolition of a building that was part of redevelopment land and construction of new residential premises.
  • Acting on behalf of an undischarged bankrupt and in the first instance challenging an Application by the Trustee in Bankruptcy for an Order under Section335A and Section 337 of the Insolvency Act 1986andSection 14 of the Trusts of Land and Appointment of Trustees Act 1996. The Trustee’s Application related to seeking an Order from the Court for possession and sale of the client’s matrimonial home. The Trustee’s Application stated the bankruptcy debts, remuneration and expenses of the Estate were £241,841.77. An application was made on behalf of the client to annul the bankruptcy pursuant to Section 281(1)(b) of the Insolvency Act 1986 under Rule 10.134(1) of the Insolvency (England and Wales) Rules 2016. By a negotiated settlement the Trustee accepted the sum of £77,868.81 in full and final settlement of the claim, thus representing a saving to the client of circa £164,000.
  • Acting on behalf of an undischarged bankrupt and challenging an Application by the Trustee in Bankruptcy’s Application for possession and Order for Sale of the client’s home pursuant to Sections 335A and Section 336(2) of the Insolvency Act 1986, Section 14 of the Trust of Land and Appointment of Trustees Act 1996 and Section 33 of the Family Law Act 1996.  The Trustee’s Application arose from the client having been made bankrupt for the sum of circa £185,000. Making an application for annulment of the bankruptcy pursuant to Section 282(1)(a) or alternatively (b) of the Insolvency Act 1986 and also raising  challenge to the remuneration fees of the Trustee pursuant to Rule 10.134(1) of the Insolvency Rules 1986. Successfully obtaining Court Order annulling the bankruptcy order pursuant to Section 282(1)(a) of the Insolvency Act 1986 on the basis that the bankruptcy order ought not to have been made given that  the statutory demand giving rise to the bankruptcy order did not provide for  prior security (charging order) having been obtained by the petitioning creditor. Obtaining Costs Order against the Petitioning Creditor.

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