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Commercial disputes

Providing commercial litigation services to privately owned companies and high net worth individuals on complex matters requiring effective and efficient solutions.

Expertise

Contractual disputes

Advising on breaches of warranty and/or contract and disentangling complex commercial agreements to protect our clients’ position.

Corporate Disputes

Advising individuals on shareholder disputes and partnership disputes and problems involving the Commercial Agents Regulations.

Misrepresentation claims

Expertise in what does and does not constitute misrepresentation in commercial agreements and in the remedies available to our clients whether they find themselves making or resisting a claim.

Professional negligence

Acting for our clients’ interests against financial advisors, auction houses and other professionals.

Sector specialism

We are particularly known for our work in the arts, agrochemicals, family business and hotels sectors. We have particular knowledge of the law relating to agrochemicals and the pesticide regulation system in England and Europe; extensive experience of the sensitive and careful management required in family business disputes and proven expertise in proceedings based on the Hotel Proprietors Act.

Track Record

  • Summary Judgment: On behalf of Nikolay Glushkov successfully striking out a claim of approximately £15m brought by the Russian airline Aeroflot against him and Boris Berezovsky. Aeroflot were seeking to enforce a Russian Judgment in England and the entire action was dismissed at an interim hearing as the court held that to enforce the Russian Judgment in England would be a plain breach of the principle of finality.
  • Injunctions: Obtaining a freezing injunction over the assets of a Georgian judgment debtor (including properties, shares and funds held in his solicitors' client account) in respect of a debt for £6.8 million, in order to prevent the dissipation of the assets and obtaining full repayment of £2.5 million from the same debtor in separate proceedings. 
  • Breach of Warranty: Acting for a property company on a case widely reported in the property press in a breach of warranty claim against the seller of a shopping centre. Replies to enquiries were wrongly warranted as being correct, resulting in a significant loss for the client; negotiating a favourable settlement prior to disclosure.
  • Misrepresentation: Acting for a firm of surveyors in High Court proceedings for misrepresentation against a procurement business with which they had entered into a contract. Resolving the matter on favourable terms following extensive correspondence concerning the failure of the procurement business to provide complete disclosure.
  • Professional Negligence: As part of a claim for professional negligence and in order to attempt to mitigate the company's loss, acting for an oil broking company in the Court of Appeal case of Littman -v- Aspen Oil (Broking) Limited which was widely reported in the legal press. The case is an interesting example of a situation in which it may be possible to "rectify" a mistake in a document by construction. The Court of Appeal judgment contains noteworthy comment on the basis upon which an order for rectification can be made.
  • Agrochemicals: Acting for an agrochemical company in relation to business-critical legal matters arising out of the EU review of pesticides and seeking, in particular, an extension to the deadline to submit Annex II data to the Pesticides Safety Directorate. Proceedings for judicial review were prepared but an extension of time was granted very shortly before they were to be issued. The same arguments were thereafter pursued with the Spanish, Portuguese and Italian regulatory authorities who also accepted the arguments and extended the deadline.

"The whole team is very professional. My impression of the firm is very good and I rate very highly Simon's professional qualities in evaluating risks and consequences.  His legal opinion is valuable to me" - Client 2012

"They really do hold their own when they come up against much bigger firms. It's quite a young team, very dynamic, very smart, very experienced.  A firm like Boodle Hatfield gets a lot of hands-on experience because a lot of their stuff goes to court" - 2012

Contact

Simon Fitzpatrick
Partner and Head of Litigation
t: +44 (0) 20 7079 8162
sfitzpatrick@boodlehatfield.com
Tim Maxwell
Partner
t: +44 (0)20 7079 8226
tmaxwell@boodlehatfield.com

“A West End firm that can beat the City firms at their own game” Legal 500 2012, Commercial Litigation
“Wise counsel consistently, sharp intellect, instant recall and rigorous analysis of the opportunities and potential pitfalls, all contributed to the final outcome and all were necessary to a greater or lesser extent. But what stands out in my mind is the sense of teamwork you have achieved” Client 2010
“stands out for its art-related litigation experience” Legal 500 2012

Recent awards

Legal 500 2012 - Recommended Firm