Laura Mackain-Bremner

Laura advises individuals and businesses on commercial disputes, contentious Wills, trusts and probate and agricultural property litigation.

Laura is a Partner in the Commercial and Private Client Litigation Team specialising in commercial disputes, with a particular focus on agri-business, agri-tech and disputes which involve agricultural equipment and contracts. Laura advises both individuals and businesses in this regard.

Laura’s commercial litigation practice is broad and includes advising individuals and businesses in all sectors on any number of contentious matters ranging from professional negligence to farming finance. The subject matter of these disputes is also wide, including anything from artificial insemination and genetics to disputed debts.

Laura was the fee earner with conduct of a heavy-weight multi-party litigation matter involving 17 Claimants and 4 Defendants. Her determination has seen a successful settlement in this matter some 5 years after its issue. This was a major contributing factor in the firm winning NFU panel firm of the year and has been reported in the farming press.

Laura is the main fee earner on numerous commercial matters and is training junior members of the team as this area expands for the team.

Laura trained at Lester Aldridge, qualifying into its litigation team in London in 2013. Before moving back to Somerset to join Clarke Willmott she worked for a boutique litigation firm in London, joining Clarke Willmott in 2017.

She is Vice President of the Executive Committee of Taunton Chamber of Commerce and also a member of the Agricultural Law Association.

How Laura can help you

Laura advises clients in all sectors on a wide of contentious commercial issues including:

• Breach of contract or contractual disputes;
• Debt claims;
• Professional negligence;
• Defamation;
• Shareholder/partner disputes;
• Fraud; and
• Judicial review

As a member of the Agriculture sector group, Laura is regularly instructed by agri-businesses in relation to any number of issues relating to matters such as food and drink or agri-tech.

Laura also advises on a wide range of contentious agricultural property matters such as:

• Easements – including rights of way;
• Land drainage and flooding;
• Boundaries;
• Adverse possession;
• Trespass;
• Nuisance;
• Agricultural tenancies;
• Farming partnerships;
• Proprietary estoppel; and
• Co-owner property disputes including declarations as to ownership and/or claims for occupation rent.

Laura also defends and brings claims:

• under the Inheritance (Provision for Family and Dependants) Act 1975;
• contesting the validity of Wills (due to lack of testamentary capacity and/or want of knowledge and approval);
• against executors and trustees for breach of trust/maladministration; and
• against solicitors in relation to Will drafting and the construction of Wills or mistakes in Wills.

Experience

• Acting for a group of milk producers and successfully defeating an application for an interim injunction brought against them by the processor who wanted to stop them from ceasing supply following termination of notice –Watson’s Dairies Ltd v AG Lambert [2020] 10 WLUK 45
• Successfully defending a client’s use of a right of way in relation to a Court Claim brought against him. The claim sought an injunction preventing the client from using the right of way except for within certain parameters and/or damages in relation to the same.
• Assisting in successfully reclaiming property lost during a Group Company restructure. The client sought to recover property passed to the Crown (Bona Vacantia) on the dissolution of one of the companies within the Group. The Court held another company within the Group was beneficially entitled to the property.