Commercial Disputes
The team has many years of experience advising on a wide range of commercial disputes, from the lowest value to multi-million pound claims.
These disputes can involve a range of issues, including identifying whether a contract exists between the parties, the status and validity of the terms agreed (including exclusion clauses), whether there has been a material breach of contract or an unlawful termination. Often arising out of these issues is the assessment of damages, which can be a complex area.
The team has experience in all of these areas, including resolving these disputes by way of Alternative Dispute Resolution and where necessary and appropriate prosecuting and defending cases to trial and beyond to the Appeal Courts.
Often the lowest value claim can involve the thorniest legal problems. The team has the expertise to identify the key issues and put a cost-effective strategy in place in order to achieve our clients’ objectives.
Experience includes:
- Advising a major PLC in the gaming sector in relation to defending several highly complex, multi-million pound cases, involving breach of warranties, indemnities and contractual issues. Successfully defending all cases, achieving very favourable terms and Judgments.
- Advising a leading ground transport provider regarding the sale of defective vehicles.
- Negotiating a favourable settlement agreement on behalf of a leading global beverage brand in connection with the termination of an agreement with an overseas distributor.
- Acting for a Michelin Star chef in relation to a dispute concerning an operating agreement.
- Advising a UK-based bookmaker in a claim regarding breach of warranties arising out of a Sale and Purchase Agreement.
- Advising in relation to disputes concerning personal guarantees.
- Advising a leading PLC in the food sector in connection with a tripartite dispute regarding the acquisition and subsequent disposal of a subsidiary entity. The dispute involves potential warranty and indemnity claims against the former shareholders of the subsidiary entity as well as claims pursuant to the Insolvency Act 1986.
- Acting for the seller of a business to a household name in the food and drink industry, in defence of a High Court claim regarding an alleged tax avoidance scheme. Achieved a favourable settlement, which included the immediate disposal of the claim.
- Acting for a well-known chocolate manufacturer in a dispute with a FTSE 350 listed licensor regarding the distribution of confectionary to Italy and an alleged breach of an intellectual property licence. Negotiated the terms of a resolution, which realised a substantial cost saving for our client and is expected to be finalised imminently.
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