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Commercial Disputes

We have a wealth of experience handling commercial disputes across a broad spectrum.

We litigate high value and complex claims at all levels before the English Courts and regularly collaborate with lawyers internationally to resolve cross-border disputes. We also handle major domestic and international arbitrations (ICC, LCIA, specialist tribunals and ad hoc) and make effective use of all forms of ADR. As a team we have the capacity and experience to handle heavy claims and we consistently achieve excellent results.

The team is highly regarded and consistently ranked in both Chambers (UK and Europe editions) and Legal 500.

“very on the ball, they know their stuff and they are very good with big-ticket litigation”, “Lewis Silkin is excellent and punches well above its weight” (Chambers Europe, 2017)

“very customer service-oriented, experienced, with great judgment and practical solutions” (Chambers UK, 2018)

“very strong litigation practice” (Legal 500, 2017).

Areas of work include:

  • arbitration
  • banking disputes
  • civil fraud
  • commercial contract disputes
  • commercial judicial review
  • competition disputes
  • construction disputes
  • director & shareholder disputes
  • financial services disputes
  • injunctive remedies
  • insolvency
  • insurance disputes
  • international litigation including
  • jurisdictional disputes
  • joint venture disputes
  • natural resources & utilities, including energy
  • partnership and LLPs
  • post –transaction claims, including warranty and indemnity claims
  • professional negligence
  • real estate litigation
  • restitution claims
  • shipping & international trade
  • technology
  • trust litigation

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Auditors may owe duty to buyer of shares despite disclaimer

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The High Court found that there would be a real prospect at trial of the buyers of shares of a company succeeding with a claim that auditors would be liable to them for failures when preparing the company’s accounts, despite a contractual disclaimer.

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Unfair prejudice petitions - statutory limitation periods do apply

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The Court of Appeal ("COA") has recently confirmed that statutory limitation periods under the Limitation Act 1980 ("LA 1980") do in fact apply to unfair prejudice petitions under the Companies Act 2006 ("CA 2006"), despite it having been understood for over 40 years that they did not.

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Varying a worldwide freezing order: timely collaboration and transparency is key – Lewis Silkin advises successful respondent

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An attempt to vary a £88m worldwide freezing order to permit the sale of a significant London property was successfully resisted recently by the Claimant, represented by Lewis Silkin. We explore the issues arising in the recent High Court judgment, which confirmed the importance of timely collaboration and transparency when considering the variation of a freezing order.

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Guidance on key concepts of privilege from Court of Appeal

15 February 2024

The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.

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A guide to the litigation process in England and Wales

06 February 2024

If you are involved in a dispute in England and Wales 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.

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Climate change action against directors dismissed

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In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.

Enforcing arbitral awards in England & Wales

28 October 2021

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.

Jurisdiction Challenges

28 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

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