Helen Gardiner

Practice Areas

Helen has significant experience of both commercial and employment litigation, with particular expertise in areas where the two fields intersect. She regularly appears in the High Court on high value claims involving breaches of directors’ and fiduciary duties, restrictive covenants, confidentiality and database rights, as well as shareholder disputes and bonus claims. She also acts in all areas of employment law, appearing in the Employment Tribunal and Employment Appeal Tribunal on behalf of both claimants and respondents. Helen is a seasoned trial advocate, and recognised for her skills in cross-examination and persuasive advocacy.

Helen advises and appears on a wide spectrum of commercial matters, with a particular interest in contractual disputes, breach of warranty claims and guarantee cases. She acts on behalf of both creditors and debtors in relation to challenges to the actions of receivers, recovery of assets held pursuant to finance agreements, allegations of fraudulently executed securities and applications for the possession and sale of property.

Her judicial roles in the Family Division and First Tier Tribunal (Mental Health) have led to Helen developing a keen interest in matters involving the health and welfare of vulnerable individuals. Helen has a busy Court of Protection practice, acting for the Official Solicitor, Local Authorities Integrated Care Boards and Trusts. Helen has been praised for her approachable and pragmatic style, and her ability to deal with difficult cases with empathy. Her familiarity with family law and procedure mean she is well placed to deal with COP matters within family proceedings. Her commercial background and trial experience equip her for dealing with challenging applications on her feet, and cross-examining expert witnesses.

Career

2003-2006: BA Hons (Jurisprudence), Lincoln College, University of Oxford

2006: Bacon Award (Gray’s Inn)

2007: Called to the Bar (Gray’s Inn)

2007-2014: Chancery House Chambers

2014-2018: St Philips Chambers

2019 to date: Kings Chambers

2019: Appointed as Recorder, Family Division, North Eastern Circuit

2021: Appointed as Deputy District Judge, Civil, North Eastern Circuit and Judge of the First Tier Tribunal (Mental Health)

Work Highlights

Advising and representing the manufacturer of a popular European-made drink, in relation to a claim brought by a distributor alleging breach of an exclusive distribution agreement and failure to give adequate notice of termination. Successfully resisting an application in the Commercial Court to injunct the manufacturer from selling in the disputed territory, and pleading the defence to the claim for loss of projected profits over a number of years.

Advising a former employee accused of breaching post termination restrictions when he resigned and set up a successful business alleged to compete with his former employer. The respective businesses are highly technical in nature. Issues of enforceability (in terms of breach of contract by the employer and the scope of the covenants), causation and loss all arise.

Led by Mark Harper KC, acting on behalf of the supplier of agency workers for non-payment of c.£2 million fees for the direct engagement of staff.

Acting for a Local Authority, obtaining an injunction preventing P’s “partner” from having contact with her and consequential best interest decisions restricting P’s use of her mobile phone, internet and social media. P is a woman in her twenties, and said partner is a predatory male in his 70s, against whom P had made serious allegations of sexual abuse.

Acting for a Local Authority on two separate applications for closed material in Court of Protection proceedings.

Acing for two companies alleged to have induced the breach of employment and fiduciary duties of a senior employee of a company, and pursuing a housing development using confidential information provided by the said employee. The claim was pleaded at over £4 million and involved complex issues of causation, accounting and projection of costs and profits. The case settled on terms favourable to the clients.

Acting for a company sued on an unsigned guarantee, where it was alleged that liability arose by estoppel.

Representing a large retailer in linked proceedings brought by two claimants relating to unequal pay and direct and indirect discrimination and harassment, with very lengthy particulars spanning a number of years. All claims were dismissed after a 7 day hearing.