Disputes | Commercial & Corporate
Our disputes lawyers advise businesses and individuals on a wide array of contentious commercial and corporate issues, and project-manage disputes to a resolution across a broad spectrum of industry sectors.
We provide practical, decisive and robust advice to assist our clients to defuse threats to all aspects of their businesses.
We have particular expertise in advising on contentious issues in relation to:
commercial contracts, joint ventures and warranty claims
partnership and shareholder disputes
supply chain, distributorship and agency arrangements and their termination
We manage our approach on a bespoke basis, from balanced aggression to something more subtly persuasive, to best meet our clients’ objectives and needs.
Agency & Distribution
We have substantial experience in acting for and advising principals, agents and distributors in relation to:
the suitability or otherwise of particular structures
the preparation and negotiation of terms of agreements
competition law issues trade marks and other intellectual property rights
termination of agency and distributorship agreements
cross-border issues which can arise in managing and terminating agency and distribution arrangements
claims and disputes including:
enforcing an obligation to supply
failure to give contracted notice to terminate
claims arising on termination
other breaches of contract
claims based on competition law
the insolvency of one or more of the parties
We have particular expertise in advising on commercial agency agreements.
Banking & Financial Services
We can deal with disputes arising from a variety of financial products and contracts with financial services institutions, including:
We frequently advise on the international tracing, preservation and recovery of assets consequent upon fraud, and we have experience of substantial claims against fiduciaries (including breach of trust, knowing receipt and dishonest assistance). We also have experience of disputes arising out of cheques and other instruments, and we are skilled in dealing with the implications of electronic systems.
Many of the disputes we deal with are international in nature.
We can assist clients to make complaints to the Financial Ombudsman Service.
Examples of work include:
acting for Swiss clients of a collapsed Scottish broker bringing claims for dishonest assistance against an English CFD provider
acting for a Danish bank in a claim against an individual resident in England
acting for an individual resident offshore in claims concerning certain high-risk investments against a UK financial institution
We are a leading firm in the field of Commercial Agency (sometimes called Sales Agency). We have substantial experience in acting for principals and for agents in:
advising as to the suitability of commercial agency as a mechanism for buying or selling sales and marketing services and as to the alternatives
drafting, negotiating and advising on the terms of commercial agency contracts
advising on and dealing with claims arising on termination, and their defence, including claims pursuant to the Commercial Agents (Council Directive) Regulations 1993, for compensation, for failure to give adequate notice, and for commissions arising prior to and after the date of termination
advising on retirement and tax issues
We regularly deal with claims where the agent is seeking compensation in excess of £100,000. In appropriate cases, we may be prepared to act on a conditional fee basis.
We can advise on the Competition Law aspects of:
We are experienced in bringing and defending civil claims based on Competition Law. We can advise you on the impact of Article 101 of the European Union, which prohibits certain agreements which prevent, restrict or distort competition, and Article 102, which prevents abuse of a dominant position within the common market or in a substantial part of it. We can advise you on the equivalent domestic legislation in Chapters I and II of the Competition Act 1998
Complaints and investigations
We can assist in advising on and preparing documentation to make a complaint to, or respond to, an investigation by the UK Competition Authorities or the European Commission (DG Competition) or other national competition regulatory authorities
We can advise on all aspects, including as to “whistle-blowing”, national and international investigations, and claims by those adversely affected by cartels
We can draft and negotiate your commercial agreements, such as agency and distribution contracts, so as to avoid infringing national and international competition law
Mergers and acquisitions