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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.

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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

  • 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…

  • Enforcement of English judgment: Acting for an individual in respect of a claim for the recovery of a £3million loan and unpaid interest on the loan. Obtaining default judgment in respect of the loan and applying for a charging order against shares in a BVI company beneficially owned by the defendant. The interim charging order was successfully obtained. However, the founder of the BVI company alleged that the beneficial interest in the shares vested with him and therefore that the interim charging order should be discharged. In response to these claims we sought a trial of the issue of the beneficial ownership which was ordered with the trial to take place within 3 months. This prompted matters to be resolved between the parties. 

  • 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.

  • 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.

Recent awards

How to find us:
London Bankside

Bankside Office

240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

London Mayfair

Mayfair Office

6 Grosvenor Street
London
W1K 4PZ

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

Oxford

Oxford office

6 Worcester Street
Oxford
OX1 2BX

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

Bankside Office

240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

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