Your lawyers since 1722

Commercial Litigation

We are well known for providing commercial litigation services to privately-owned companies and high net worth individuals on complex commercial problems requiring effective and efficient solutions.

All businesses experience problems and disputes from time to time and our teams help to navigate those challenges.

They have specialist expertise in all areas of dispute resolution and provide clear pragmatic advice, tailored to each client’s goal and reflecting their appetite for risk.

How we help

  • 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.
  • Debt Recovery – we have a wealth of experience in helping clients with debt recovery. See here for further details and information on our fees.
  • Employment disputes – advising employers on problems with their staff, as well as disputes between shareholders or partners in a business
  • Cross border disputes – advising in complex, high value disputes that may involve several parties with cross border and international aspects.
  • Fraud & Asset Tracing – We advise on cases of undue influence and forgery and tracing and freezing misappropriated assets that have been laundered, moved on to a third party, or moved abroad.

Sector specialism

Our highly trained and skilled team have a successful track record of delivering solutions across a full range of sectors and industries, including Arts & Luxury Assets; Agrochemicals; Family business; Hotels & Leisure; technology. They often advise on cross-border disputes and regularly work with Middle East families on their commercial interests in the UK.

We always adopt the appropriate form of litigation. Whilst we are highly experienced at taking cases to Court, increasingly we are seeking to resolve disputes through mediation, which can be beneficial to the long-term outcome for clients.

Risk management is an important part of our offering to businesspeople who often have concerns about what might happen and where risk might arise.  Even when they are not currently involved in a dispute, we can advise if there could be a risk in the future.

The advice we give is clear and based on extensive knowledge and expertise.  We always consider the long-term objectives of the clients and keep them informed all the way.

Track Record

Security for costs
We successfully applied on behalf of our client for security for costs in proceedings brought against her in the sum of £1.2m. The Claimant’s failure to comply with the security for costs order meant the claim was automatically struck out and the costs of the proceedings awarded to our client. Read more…

Non-party costs orders
We have recently successfully applied for non-party costs orders for two separate clients. Read more…

Enforcement of EU Judgment
Acting on behalf of Mr Xavier Huertas in respect of a claim brought against him seeking a declaration that registration and recognition of a French Judgment would be manifestly contrary to public policy. We successfully obtained summary judgment against the Claimant and obtained a declaration that the French judgment be recognised and enforced in the English Courts. Read more…

Leading case on auctioneers’ liability
We represented Mr Thwaytes in his professional negligence claim against Sotheby’s. The claim arose out of Sotheby’s research into and advice regarding a painting of ‘The Cardsharps’ (“the Painting”). The case was the most high profile art litigation of 2014 and of great importance in the field of art litigation/professional negligence. The Judgment developed this area of law and, in particular, the standard of care and duties owed by a leading auction house to their consigners. Read more...

Civil Fraud
Acting on behalf of a third party respondent to a Norwich Pharmacal Order in the JSC BTA Bank litigation which has been widely reported. The Bank initially obtained a wide ranging disclosure order against our client at a without notice hearing. At the return date we were subsequently able to limit the scope of the order and our client was entitled to his costs of complying with the order. Read more…

Financial Litigation
Acting on behalf of an Isle of Man indirect subsidiary (now in liquidation) of the collapsed Icelandic bank, Kaupthing hf in two concurrent high value (circa £500m) multi-jurisdictional, multi-party Chancery Division actions arising from competing claims to monies held in this jurisdiction, the US and the BVI following the sale of Somerfield Plc. Read more...

Partnership Disputes
On behalf of Ivor Farman, successfully defending a claim brought against him by his former partner in Gradient Capital Partners LLP, Scott Pagel. Gradient Capital Partners LLP was a joint claimant with Mr Pagel. Read more…

Enforcement of Foreign Judgments
Acting on behalf of Nikolay Glushkov in relation to a claim of approximately £15m brought by the Russian airline Aeroflot against Mr Glushkov and Boris Berezovsky. Read more...

Enforcement of judgment by order of sale of £24m property in Knightsbridge
Successfully opposing applications to set aside two default judgments in the Chancery Division which we obtained on behalf of our client against the Defendant, who was a guarantor of a loan of £5m from our client which had not been repaid. The Defendant was ordered to pay the default judgment sums due plus interest totalling over £7m. Read more…

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.

 

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