Conducting business thorough private companies is a complex and challenging enterprise and one which is increasingly subject to scrutiny by regulators and Parliamentary Committees.
The effective and efficient investigation, identification and resolution of disputes which could be detrimental to wellbeing of the company, the people it employs and with whom it trades is a part of conducting business in a competitive and fast moving commercial world.
Our team of talented dispute resolution solicitors has a wealth of experience in advising boards of directors, groups of shareholders and individuals on the whole range of disputes and disagreements that arise in the corporate world and our expertise spans compromise through mediation to resolution by litigation and arbitration, providing exceptional levels of advice and service in a range of disputes including:
- commercial fraud
- corporate governance
- deadlocked boards
- director disputes
- directors duties and liabilities
- internal investigations
- removal of directors
- shareholder disputes
- shareholder agreements
Enforcing arbitral awards in England & Wales12 December 2017
Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client12 December 2017
The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.
Insolvency FAQs31 October 2017
In the current economic climate many of our clients are experiencing situations they’ve never had to deal with. We’ve put together the following guide to help answer the most frequently asked questions we receive.
A guide to the litigation process15 August 2017
If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
Service of a claim form on an agent - was it valid?22 June 2017
In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
Servicing trade mark infringement22 June 2017
The use of a third party trademark to provide information or describe a service being offered does not necessarily constitute trademark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trademark owner, this will constitute an infringement.
Mediation14 June 2017
Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.
Disclosure: avoiding the pitfalls22 May 2017
This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.