Commercial dispute resolution
Commercial dispute resolution involves resolving business-related conflicts through methods such as negotiation, mediation, arbitration and litigation to achieve a legally binding outcome or settlement.
Commercial disputes can occur at any time and are often more prevalent following an economic downturn. Effective dispute resolution can require the significant investment of management time and cost. 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:
Commercial dispute resolution services
- commercial contract disputes
- warranty claims
- director/partnership/shareholder claims
- contested debt recovery claims
- IT/technology disputes
- procurement challenges
- breach of covenant claims (SPA, employment, partnership)
- pre-contract risk avoidance
- wrongful interference with goods/conversion
- employment contract claims in the High Court/county court
- freezing orders.
Corporate insured cases
- acting for insurers/corporate insureds/loss adjusters in commercial insurance matters
- disputes involving co-operation clauses
- coverage disputes e.g. material non-disclosure, aggregation, under-insurance
- business interruption clauses (especially quantum aspects) freezing orders
- non-motor recovery claims (both in relation to insured and uninsured loss)
What we do
- Diverse and talented litigators – the size and talent of our team means we can deal practically and effectively with a broad range of disputes involving many sectors including: automotive; education; energy; financial services; 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 local and national public bodies. We understand the issues and commercial pressures that all our clients face when dealing with disputes.
- Results driven - we provide commercial, practical advice even where that means challenging our clients’ thinking, 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.
"Everyone at Browne Jacobson has a strong commercial understanding and can quickly learn the technicalities involved in any matter brought to them."
Featured experience
Virtual General Counsel
Acting as virtual General Counsel to the UK board of one of the world’s leading manufacturers of work uniforms on litigation strategy and key risk issues in a suite of US litigation arising from allegedly defective uniforms supplied to 65,000 American Airlines employees. The uniforms are said to have caused a raft of medical issues ranging from respiratory and dermatologic complaints through to cancer and – in one case - premature death, with damages of up to $500m sought. The parties engaged top US lawyer Kenneth Feinberg (who was appointed by the US government to distribute the 9/11 compensation fund and has been involved in other sensitive, high-profile multi-party claims) to help mediate a resolution.
A leading high street retailer
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 of 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.
Extraordinary Commissioners
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.
A global manufacturer
Defending a global manufacturer and distributor of water heating systems against a claim brought against them by a supplier claiming damages of up to £50m for alleged breaches of an agreement whereby our client was to use best endeavours to promote and expand the supply of the product in question across the UK.
Testimonials
"Working with Browne Jacobson is like working with your own colleagues. They will often help with a quick question over email or take a call from us, it’s true partnership working."
"A very personable approach with a keen focus on the commercial realities behind the engagement. Excellent communicators and collaborators with the business, able to support the commercial teams understand the legal merits and challenges in a matter to enable effective strategies to be developed."
"The team provides timely feedback and clear, knowledgeable advice."
"They are extremely quick to understand and act upon complex matters but also provide advice and solutions in clear and simple terms."
Key contacts
Jonathan Tardif
Partner
Ciarán Markey
Partner
Paul Kirkpatrick
Partner
Darragh Killeen
Partner
Danielle Carr
Partner
Chloe Poskitt
Legal Director
Bernhard Maier
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