“a very commercially minded chambers, where members have a refreshingly pragmatic and down-to-earth approach”
Legal 500 2015
Our business team provides swift, sound, practical advice to help our clients make effective and fully informed commercial decisions. We work with other legal professionals and businesses alike on the full range of business matters, from corporate disputes to individual insolvency.
Our team also handles non-contentious aspects of all of these areas. Although we pride ourselves as effective litigators, we believe that the prevention of commercial disputes makes business sense and court action should always be a last resort.
Our business team draws on a breadth of legal knowledge with reference to public law and EU and international regulation. Our barristers often appear overseas or advise in relation to disputes and the enforcement of judgments in jurisdictions across Europe, America, Dubai and the Caribbean.
Through our association with M&S Moyal – Simon in Luxembourg, we have access to expertise concerning EU law and a particular specialism in cross-border mergers of companies.
Our experienced clerking team will assist in matching the most appropriate barrister to each case or put together a team which combines the necessary areas of expertise. We believe in a bespoke approach, meeting the precise objectives of each particular client.
Areas of expertise
- Contractual disputes, including agency arrangements and banking litigation
- Disputes over the conduct and ownership of companies, partnerships and other business ventures (eg contractual rights granted by agreements, statutory obligations of directors, statutory remedies available by way of derivative actions or unfair prejudice petitions)
- Actions to locate and recover assets wrongly removed from businesses, including removal out of the jurisdiction
- Cross-border disputes and international arbitrations involving high net worth individuals and businesses
- Claims against solicitors, accountants, financial advisers, surveyors, valuers and construction professionals
- Disputes arising out of the insolvency of individuals or companies, including allegations of misconduct made as part of the process of the insolvency
- Claims seeking to determine the ownership of assets or arising out of contracts for the sale of goods or property
The Team represents businesses ranging from “start-ups”, through SMEs to PLCs as well as individuals who own, invest in or are (self) employed in those businesses. The majority of clients are based in the UK but a significant, and increasing, proportion are located overseas.
Recent notable cases
- MWB Business Exchange Centres Ltd –v- Rock Advertising Ltd  EWCA Civ 553 – The leading case on anti-oral variation clauses and past consideration arising out of a claim for arrears of rent for serviced office accommodation. This case is listed for a further appeal hearing in the Supreme Court in February 2018.
- Re Ruskin Private Hire Ltd  – acting for former finance director resisting claims by liquidator for breach of fiduciary duty, dishonest assistance, knowing receipt.
- R. (on the application of Bishop) v Westminster Council  EWHC 3102 (Admin) – acting for professional landlord resisting attempt to overturn grant of planning permission
- Oldcorn v Southern Water  EWHC 460 (TCC) – Successful defence to a claim by property owners that a negligently fitted flow-restricting valve had been the cause of flooding and consequent damage to their property.
- Hniazdzilau v Vajgel, Enriquez and Bronovets  EWHC 15 (Ch). – acting for the successful Belarusian claimant in a 12 day trust action to recover ownership of a $6 million property in Minsk
- Sports Direct v TRFC & King  EWHC 85 (Ch); Rangers Retail v TRFC  EWHC 737 (Ch) – acting for Glasgow Rangers and its directors in disputes with Sports Direct.
- Dattani v Damac Ltd (DIFC CA 2015) – resisting the appeal of a developer against judgment for damages based upon the failure to complete a residential and retail project in Dubai.
- Patel v Mirza  EWHC 1892 (Ch) and  EWCA Civ 1047 – acting for the defendant in a case involving issues of illegality
- Namalco Construction Services Ltd v Estate Management and Business Development Company Ltd – Multi-million dollar claim brought by the largest construction contractor in Trinidad & Tobago against a state enterprise involving breaches of FIDIC Contracts, breaches of fiduciary duties, conspiracy, dishonest assistance and knowing receipt.
Meet the team
Adjudicator’s frolic a breach of natural justice – BSW Building Services v Adur District Council  10 WLUK 486
Last week, Mr Roger Stewart QC sitting as Deputy Judge of the Technology and Construction Court (“TCC”) dismissed a claim for summary judgment against Adur District Council (“Adur”) to enforce an adjudicator’s award for £327,281.46. Adur was represented by Ely...read more
Please click the links below for our latest Business and Property Updates; Autumn 2018 - Business Update Autumn 2018 - Property Update ...read more
On Tuesday of this week HHJ Hacon (sitting as a Deputy High Court Judge) handed down judgment in the case of De Muller & Anor v. Harrison-Morgan  EWHC 1904 following a 6 day trial in the Chancery Division. Dismissing the claim brought by the estate of the late...read more
On 21 June 2018, in Goodwin v Cook, Hayes & Kite Developments Ltd, the Chancery Division refused the Claimant permission to bring a derivative action on Kite Development Ltd’s behalf against Messrs Cook & Hayes. The dispute arose out of a failed property development...read more