Heather Welham Associate

Photograph of Heather Welham

Contact Details

“The service that Heather provided to our Company was second to none. She has a friendly yet professional manner and I would thoroughly recommend Heather.”

Graitec Ltd 2017
Heather is an Associate in the Commercial Litigation team specialising in contractual disputes. 

Main areas of practice

Heather's work involves advising clients on a wide range of commercial disputes including termination of commercial contracts, breach of warranty claims and disputes relating to post-employment restrictive covenants.

Heather has experience in both High Court and County Court litigation as well as alternative dispute resolution including mediation. 

Clients

Heather has particular experience of acting for businesses in the retail sector helping to identify and then achieve strategic goals using the dispute resolution process.

Whether a client is looking to enforce its legal rights or protect its position Heather finds practical solutions that meet each business' individual needs. Clients find Heather attentive and approachable.

Significant experience

Heather advises on all types of contractual disputes and provides guidance on day to day commercial litigation queries including:

  • Termination of contracts with suppliers and distributors
  • Enforcement of post-termination employment restrictions in respect of non-poaching, non-dealing, non-competition and breach of confidentiality
  • Disputes arising following the sale or purchase of a business
  • Issues relating to product liability
  • Seeking to recover payment of outstanding invoices
  • Breach of shareholder and director duties
  • Understanding the legal implications of provisions contained in commercial contracts

Other expertise

Pensions: Heather assists in providing legal support when Blake Morgan is advising on pensions disputes acting for companies, professionals, insurers, individuals and trustees.

Professional negligence: Heather provides legal advice to clients looking to recover losses sustained as a result of negligent advice given by accountants, solicitors, surveyors and other professionals.  

Expertise

Articles by Heather

Breach of Confidence Good Faith and the Database Right

News

Health and Case Management Ltd v Physiotherapy Network Ltd [2018] provides some much needed clarity and guidance on the law on breach of confidence, contractual obligations to act in ‘good faith’, and the practical application of the EU Database Rights.

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

Article

Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft them carefully can leave both employer and employee in limbo.

Dealing with departing employees, the potential pitfalls with restrictive covenants – Lessons learnt from Capita Plc v Darch [2017]

News

A key issue for businesses is what happens when senior employees or managers leave and set up a new company in competition or join an established competitor.

Related Knowledge & Resources

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft them carefully can leave both employer and employee in limbo.

Access to Court documents by an Interested Non-Party

A High Court master has recently given extensive guidance in the case of Dring v Cape Distribution Ltd and others [2017] on the right of an interested non-party to access court documents.

Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction

A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have.

A Guide to Civil Penalties for Landlords

Nationwide (England) from 1 February 2016

Guide: Our workplace mediation service

Do you have conflict in the workplace that takes up your valuable time and has a damaging effect on team performance?

Recovering outstanding berthing fees – a guide for marinas and boatyards

Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.