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Commercial disputes can occur at any time and are often more prevalent following an economic downturn. Effective resolution can require significant investment and management time. From the moment we are instructed, we will help you build an effective strategy which will take into account your resources, your approach to risk and the potential impact on your brand. We provide a full range of services to clients both nationally and cross-border including: advice on alternative dispute resolution; breach of commercial contracts; breach of restrictive covenants; breach of warranty; company law disputes; freezing orders; injunctions; misrepresentation; claims and shareholder disputes.
Diverse and talented litigators – the size and talent of our team means that we can deal practically and effectively with a broad range of disputes from clients across many sectors including: education, energy, finance, healthcare, insurance, IT/tech, manufacturing, public bodies, retail, sport and utilities.
Understanding our clients needs - we work effectively with all clients from large multi-national PLCs and more local private/owner-managed businesses through to public bodies - we understand the issues and commercial pressures that face all of our clients when dealing with disputes.
Results driven - we provide commercial, practical advice - even where that means challenging the thinking of our clients to get the best result for them.
Exceptional client service - our values mean we are client focused, dependable, responsive, innovative, professional and reflective.
Products – we have developed a costs management application to allow for full and proper monitoring of budgets including how the ongoing cost compares with the budget approved by the court - an excellent tool for keeping our clients up to date on the next most important factor after prospects of success.
Externally recognised experts - we are consistently ranked as a Tier 1 Commercial Litigation team in both Chambers and Legal 500.
The long awaited Insolvency Rules 2016 came into force on 6 April 2017 and are the biggest change in insolvency law for the last 30 years. They reflect much more modern ways of working that will have an impact on creditors and, in particular, the insolvency profession on a day-to-day basis. Hear from commercial litigation and insolvency specialist, Chloe Poskitt on the subject.
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The Commercial Court has refused to order security for the defendant’s costs on the basis that the defendant would be over-secured should an order be made.
Parties continue to advance innovative arguments in an attempt to prevent the enforcement of adjudication awards.
An overview of the prospects of recovering legal costs in an adjudication and the apparent conflict between the Late Payment of Commercial Debts (Interest) Act 1998 (the Late Payment Act) and the Construction Act.
Browne Jacobson LLP’s disputes team is "absolutely first rate".
Recognised for ability to handle complex, multi-jurisdictional disputes in the manufacturing, retail, finance, IT and utilities industries.
Defending a £6m business interruption claim on behalf of an international packaging manufacturer brought by one of its main customers in the Commercial Court following a factory fire which completely destroyed the factory, stock and essential machinery.
Advised one of the ‘big six’ energy suppliers in a claim for damages in excess of £30m against the main supplier of IT outsourced services for business-critical services such as on-line servicing bookings, virus/security protection and the system allowing trading on the energy futures market. We gathered large amounts of complex IT-related evidence and advised the main board on its strategy for the claim and for the potential termination of the contract.
Acting for the Extraordinary Commissioners of a well-known foreign flag-carrier airline in connection with the recovery of $7.5m of security deposits for five aircraft under separate aircraft leases. This has required comprehensive consideration of the construction and interpretation of the aircraft leases as well as resolving limitation / jurisdictional issues and a detailed review of case law surrounding the Brussels Regulation.
Successfully defended a leading high street retailer against a series of claims totalling over £5m which stem from the alleged unlawful termination of a long-term contract for the design/supply of childrenswear sold in 300 stores nationwide. The central allegation included reasonableness of the notice period the profit share element of the relationship, a claim for injunctive relief and an account of profits. The case is now reported as a leading authority on good faith obligations in commercial contracts.
Acted on behalf of Ted Baker PLC and No Ordinary Designer Label Limited in their seven figure claim against a large insurer and two co-insurers in the Commercial Court. The trial of this matter was split: the first part looking at whether the claim was covered under the terms of the policy and the second part looking at whether Ted Baker had complied with the terms of the policy in making the claim and quantum. After almost five weeks at trial whilst Ted Baker was successful in Part 1, the Defendants succeeded in Part 2. Ted Baker has appealed the decision and the permission hearing will take place in Autumn 2015.
Advising the US SIPA Trustee of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff in respect of, and overseeing his English, European and Commonwealth claims arising from the world’s largest fraud. These claims raise multiple, formerly untested, areas of cross-border insolvency law, involving billions of dollars redemptions and fees paid prior to the collapse of Madoff’s infamous Ponzi scheme.
The Royal Bank of Scotland is current embroiled in a £12billion class action brought by its former shareholders over the bank’s fundraising before its 2008 government bailout.
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The claimants in Paul Kitcatt & 11 Ors v (1) MMS UK Holdings Ltd ('MMS') (2) Publicis Groupe SA ('Publicis') [2017] EWHC 675 (Comm) were successful against MMS in an action for breach of warranty in a share purchase agreement (SPA).
The defendant, Sports Direct founder, promised to pay an investment banker £15m if he could double the chain’s share price in three years from £4 to £8.
Guidance has been given as to when information relating to a procurement challenge ought to be regarded as confidential and cannot be shared with third parties.
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