Commercial disputes can occur at any time and are often more prevalent following an economic downturn. Effective 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:
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 online 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.
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.
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 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.
"Browne Jacobson have a good understanding of our business and industry, and are excellent in applying this throughout their legal advice."
"They are flexible, dynamic, and deliver within the time frames they outline."
"Clear and concise advice, excellent client care and high level of commerciality."
"Well-regarded commercial litigation team, supporting international and domestic clients in the manufacturing, IT, energy, retail and financial sectors. Handles all aspects of disputes, from pre-action issues through to court proceedings and enforcement. Expertise includes contentious contractual, shareholder and transactional matters."
In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ( EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.
The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.
Useful guidance on the incorporation of onerous terms and conditions into a contract has been provided by HHJ Davies’ judgment in the recent case of Blu-Sky Solutions Ltd v Be Caring Ltd  EWHC 2619 (Comm).
The ‘new normal’ has brought with it a variety of different challenges and it has had an impact on nearly all facets of our lives, including the termination of contracts during these Covid-19 times.
Although the UK’s departure from the EU means that the EU REACH regulation no longer applies, UK REACH has stepped in to fill the gap, and UK-based companies exporting to the EU are now facing two chemicals regulation frameworks to deal with when before there was just one. Is your company ready for the challenge?
Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
On 2 September HMRC announced a change in its policy on the VAT treatment of compensation and damages payments in the context of early contract termination.
Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.
Since the outbreak of the Covid-19 pandemic, the spotlight has increasingly been on force majeure and termination clauses in contracts.
Ruby O'Hara gives us an insight of her role in the Commercial Disputes Resolution team.
The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).
Following a dispute over a right of way, the parties’ solicitors agreed in an exchange of emails (constituting a single email chain) to compromise the dispute by the defendant (R) transferring to the claimants (N) a small piece of land adjacent to Lake Windermere.
Issues about prescriptive rights of way and drainage arose on the redevelopment of dominant land.
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
National law firm Browne Jacobson has announced the promotion of nine lawyers to partner and legal director positions across its offices in Birmingham, London, and Nottingham.