Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 83
Comment
In addition to widespread interest for its treatment
of authenticity disputes in a corporate setting
concerning a household brand name, the
judgment is an illustrative example of the practical
implementation of the Supreme Court’s decision
in Sequana in businesses experiencing 昀椀nancial
distress. Whilst the duty to consider creditors’
interests exists on a “sliding scale” depending on
how likely circumstances are to arise that may
adversely a昀昀ect creditors’ interests, this judgment
reinforces the paramount consideration that the
Court expects directors to give to protecting
creditors’ interests once a business encounters cash
昀氀ow di昀케culties, and take all available steps to avoid
the risk of administration or insolvent liquidation.
Mr. Alex Frame
Chartered Surveyor
FFPWS MSc FRICS FASI FCIOB MCMI
Alex frame is a Chartered Surveyor and Senior Partner of ADS Property Services, he
has worked in the architectural, surveying and building industry since 1962.
He has working experience with a large Building Company, Private Architectural
Practice, Central Government, Local Government, Specialist Timber Frame Design
Consultants and Own Building Contracting Company.
He currently runs a professional architectural and surveying practice and has done
since 1980
He has been commissioned to undertake expert witness reports on many projects, as
well as conducting many agreements under meditation.
He specialises in the Party Wall etc. Act 1996 and lecture and has written books on
the subject. He is the president of the Faculty of Party Wall Surveyors.
He specialises in Boundary disputes, and he is on the Party Wall and Boundary
Panel of the RICS, and co-author of the ‘Boundaries’ book published by RICS. He
lectures on the subject. He has written a book on boundaries entitled ‘Boundary
Disputes (A Surveyors Guide)’.
References
1
Court of Appeal refuses interim injunction to suspend
business “transformation plan”
https://www.macfarlanes.com/insights/102l3c8/court-of-appealrefuses-interim-injunction-to-suspend-business-transformation-pl/
He is also one of the co-authors in the RICS 7th edition of ‘Party wall legislation and
procedure’
He has a Practitioner’s Certificate in Mediation and very often use this skill in
neighbourly disputes.
Contact: ADS Property Services |
Telephone: +44 (0) 1635 864956
Mobile: +44 (0) 7816 070740
Email: info@party-wall.co.uk
EXPERT WITNESS JOURNAL
81
FEBRUARY 2026
