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Dispute Resolution

When disputes arise, they can often have far-reaching implications for the rest of a business.

Contentious issues need to be dealt with swiftly and appropriately to prevent them escalating, keeping disruption and financial impact to a minimum. Mitigating risk is just as important as robustly fighting a claim in court. There are numerous alternatives to litigation, so pursuing the right strategy is important to ensure disputes are resolved in the most effective way. 

We treat problems as if they are our own, working closely and collaboratively with our clients to provide practical solutions that fit with their commercial objectives. While we have a substantial group of litigators, we are also experts in alternative dispute resolution, mediation and arbitration. In addition, we also provide risk mitigation and investigation services to help clients identify where issues might arise, and where they have in the past, to work out the causes and implement solutions.

Whether it’s handling high-profile, complex cases in the High Court and beyond, or working behind the scenes with a minimum of fuss, clients rely on our first-class insight to help them stay one step ahead.

You can view our latest two Dispute Resolution blog posts below and our full blog here.

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Unjust enrichment claim against receiving payment service provider relating to an ‘APP’ fraud can continue to trial

17 July 2024

The High Court has rejected an application by the defendant, a receiving Payment Service Provider (PSP), for reverse summary judgment or strike out of an unjust enrichment claim made by a victim of an authorised push payment (APP) fraud.

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Privy Council directs English Courts to adopt new test in deciding whether to stay a creditor’s winding up petition

09 July 2024

The Privy Council has handed down its judgment in Sian Participation Corp v Halimeda International, ruling that where the parties are subject to an arbitration agreement, the appropriate test for determining whether a creditor’s winding up petition should be stayed in favour of arbitration is whether the debt is “genuinely disputed debts on substantial grounds”.

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Former BHS directors in breach of duties and personally liable despite taking professional advice on insolvency. Where does this leave directors of distressed companies?

02 July 2024

The High Court has handed down a 533-page judgment in proceedings brought by the liquidators of BHS against its former directors for wrongful trading and misfeasance trading, finding them personally liable for at least £18 million. The case is of great significance to directors of distressed companies. We analyse some key points arising.

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Lewis Silkin acts in £878 million group claim against Royal Mail

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Lewis Silkin, acting on behalf of Bulk Mail Claim Limited (“BMCL”), has filed a £878m collective action claim against International Distribution Services Limited (formerly Royal Mail plc) (“Royal Mail”).

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Contract Interpretation Guide

29 May 2024

The meaning of words used in contracts is of key importance. The choice of certain words or phrases can significantly impact upon the obligations of one party to another and using them in contracts without thought to their meaning and implications can result in uncertainty, unintended consequences, a mismatch of expectations and, ultimately, legal disputes.

What type of breach?

29 May 2024

Contractual breaches can come in many forms. Some are serious, giving the wronged party the right to terminate the contract. Others will be more minor, and might be easily remediable. It can be useful to think of contractual breaches as a sliding scale, with repudiatory breaches at one end, and minor, remediable breaches at the other.

When is consent unreasonably  withheld

When is consent unreasonably withheld?

29 May 2024

The phrase ‘consent not to be unreasonably withheld’ is often seen in commercial contracts. However when is withholding consent actually unreasonable and how can this be determined?

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