Heather Welham Associate
“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.”
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.
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.
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
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.
Articles by Heather
When does inconsistent conduct amount to a variation of contract? Merit Holdings Limited v Michael J Lonsdale Limited 
An issue which often arises in a commercial setting is where two companies agree a contract for goods or services but do not put the terms in writing, instead relying on verbal agreement or letters of intent.
The ever-growing importance of precise use and drafting of terms to protect confidential information, and how this can assist in circumstances where an employee is moving to a competing business, has been emphasised in a Court of Appeal case.
Costs in Injunction Applications - Are Claimants entitled to significant costs if they secure only modest damages? This issue was explored in the recent High Court case of Marcura Equities FZE & Anor v Nisomar Ventures Ltd & Anor  EWHC 523 (QB).
Related Knowledge & Resources
With employers planning Christmas parties, or indeed any kind of "works do", we look at a case where the employer was held vicariously liable for an employee's actions when those at the office party moved on to another venue where a fight broke out.
Online platforms and regulation - too successful for their own good? Why the EU's proposed regulation of platforms will apply in the UK regardless of Brexit
Our expert Simon Stokes looks at why the EU's proposed regulation of platforms will apply in the UK regardless of Brexit
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.
Nationwide (England) from 1 February 2016
Do you have conflict in the workplace that takes up your valuable time and has a damaging effect on team performance?
Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.