Dispute resolution

Because business doesnt always go to plan, we have a wealth of talent in all areas of commercial dispute resolution. We advise in complex commercial litigation, partnership disputes and director/shareholder matters. We also assist larger clients with cost effective debt collection.

We frequently advise clients in the following areas of law:

  • Professional negligence
  • Negligence
  • Insurance litigation
  • Partnership and shareholder disputes
  • Misrepresentation and contracts - fraudulent and negligent misrepresentation
  • Personal guarantees - misrepresentation and undue influence
  • Guarantee and indemnity - director's guarantees and specific liabilities
  • Breach of contract - actual and repudiatory breach including debt recovery and unjust enrichment restitution

Examples of work carried out

1 We represented a former director of a waste recycling company (in liquidation) in a claim against him by two investors for recovery of their investment of £500,000. The investors considered that they had an entitlement against our client based upon two alternative grounds, namely: misrepresentation – which, in order for our client (as opposed to the company) to be personally liable in his capacity as an officer, must be fraudulent misrepresentation; and/or breach of contract. This dispute, including the threat of legal action against him, was successfully defended on the facts.

“We successfully defended a regional manufacturing company in a claim by a national cosmetics company.”

2 We represented an agricultural and arable company and associated partnership to successfully pursue a claim against a director of a renewable energy company for various breaches in the purchase of two wind turbines for damages of £315,000. It was successfully established that the potential defendant owed our clients duties in contract, at common law and in equity, and that the potential defendant was in breach of those duties. This dispute was settled without the necessity to issue proceedings.

3 We successfully defended a regional manufacturing company in a claim by a national cosmetics company in relation to the purchase of 20,000 defective units and consequential loss in the sum of £300,000. The units were manufactured in China and the contractual relationship between the parties expressly provided that the components for the product in question were to be shipped FOB. The potential claimant transported the units to an assembly and filling factory in Italy, and then onto the final destination in the UK. It followed that risk in the product components and responsibility for assembly and filling passed to the potential claimant when the goods passed the ship's rail at the port of shipment. Our repudiation on liability was accepted and the threatened claim withdrawn.