Commercial dispute resolution
Commercial disputes can arise in a wide range of areas. Our strengths lie in the diverse skills of the members of the group, and our ability to master a brief quickly and deliver prompt and expert advice in a wide variety of fields, for example:
Much of our work is in the English courts but we regularly represent clients involved in disputes in other countries. This international and cross-border work includes asset-tracing, white-collar fraud and English law arbitrations of overseas contract disputes. Our group includes two CEDR-accredited mediators.
For more information please contact: stephen.dobson@speechlys.com
Experience
Banking/investment dispute - arbitration
Acting on behalf of a major Austrian investment institution defending a claim for approximately US$90 million arising out of the loss through fraud in Moscow of securities administered in a large Russian privatised corporation.
Breach of warranty - litigation
Successfully defending corporate vendors of a distribution business against claims by purchasers of breach of warranty and fraud; issues arising involved interpretation of exclusion of set-off clause within sale agreement leading to definitive interpretation by the Court of Appeal. WRM & Group Ltd v Wood & Anr (1998) C.L.C. 189 (C.A).
Class action (Canada) - litigation
Advising a 350 year old charity in the defence of proceedings brought against it and other defendants in Ontario, Canada, for damages (claimed at Can$2 billion) for alleged assault, battery, physical, sexual and mental abuse, and breach of fiduciary duty, arising out of the client’s alleged involvement in the management of a residential school for native peoples originally founded by the client in the 19th century.
Contract dispute - arbitration
Representing the interests of a world leading pulp manufacturer in an UNCITRAL arbitration held in London under English law against a Swedish based distributor. The dispute concerned rights arising under a Pulp Purchase Agreement for exclusive supply of pulp over a specified period
Contract dispute – litigation
Conducting proceedings against two US corporations on behalf of a UK business previously connected with them, for a declaration that the UK company was entitled to terminate an onerous contract. The Game Group plc v (1) The Electronics Boutique Incorporated (2) EB Services Company LLP [2002] EWHC 2117 (Ch).
Defamation/libel/malicious falsehood - litigation
Successfully defending a major UK wildlife not-for-profit organisation against an action for malicious falsehood arising out of statements made on a well known UK investigative television programme.
F1 and F3 driver management agreements
Advising on the transfer of a F1 driver's career management to a new driver management company. Also negotiating the agreement for a Formula 3 driver to join a championship winning World Series team.
Financial services - professional negligence
Successfully representing a high net worth individual pursuing stockbrokers and fund managers for compensation (in excess of £1 million) for negligent mismanagement of pension fund.
Fraud - litigation
Representing major US insurance company in recovery of monies defrauded by employee of UK insured.
Professional negligence/breach of trust - litigation (Jersey)
Achieving 100% recovery in an action against Jersey based professional trustees and investment advisers in respect of US$4 million of losses suffered by a trust investment portfolio as a result of negligent investment advice/policies.
Professional negligence/recoveries - litigation
Acting for a UK retail lender on numerous occasions concerning the recovery of monies lost as a result of negligent valuations on property secured to the bank.
Regulatory - DTI investigation
Representing a management employee of a major UK corporation in his response to an investigation by the DTI on the reasons for the financial failure of the company.
Regulatory - HMRC investigation - litigation
Representing the UK subsidiary of a South African parent company in an investigation and prosecution by HM Customs & Excise in connection with breaches of the export regulations.
Shareholder dispute (Hong Kong) - litigation
Representing the majority shareholder in attempted winding up proceedings in Hong Kong of client’s flagship company valued at HK$25 billion. This litigation is part of a series of cases conducted in Hong Kong on behalf of various members of the the family in multi-million pound contentious trust and probate.