“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;  UKSC 24  2 WLR 1603– The leading case on anti-oral variation clauses.
- 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.
- AMP Advisory and Management Partners v. Force India Formula One Team Limited  EWHC 2426 (Comm) – success claim for quantum meruit for work done in expectation of a contract for title sponsorship
- Ove Arup & Partners v Coleman Bennett International  1 WLUK 366. – Defendant not allowed to argue that the parties’ contract was not a “construction contract” for the purposes of the HGCRA 1996 Act because it had not raised this specific argument before the adjudicator.
- Representing the Gerant of a Luxembourg SARL sued by the Danish Tax Authorities as part of litigation seeking the return (from more than 100 defendants) of £1.2bn in corporation tax refunds said to have been wrongly applied for (and paid).
- Representing an insurer in arbitration proceedings against a firm of solicitors in respect of the issuing of ATE policies and the conduct of the linked litigation.
- M Hart Construction Limited and another v Ideal Response Group Limited  EWHC 314 (TCC) – circumstances in which a novation of contracts can be implied from the parties’ dealings with each other.
- BSW Building Services v Adur District Council  10 WLUK 486 – challenging an adjudicator’s frolic as a breach of natural justice
- Re Ruskin Private Hire Ltd – acting for former finance director resisting claims by liquidator for breach of fiduciary duty, dishonest assistance, knowing receipt.
- (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
Meet the team
The Danish Tax Authority has today discontinued its claim against the Gerante of a Luxembourg company in which it sought damages from her representing sums paid out to the company in respect of Withholding Tax. The claim was part of litigation against more than 100...read more
After almost 20 years in existence, Ely Place Chambers, which specialises in Business, Property, Employment, Media and Public law has decided not to continue in its present form from 31 July 2020. We are all deeply saddened by this decision, though we believe it is...read more
Ely Place Chambers remains open for business, despite the current difficulties caused by coronavirus. Our barristers are busy, working from home where necessary. Our clerking team is available on the usual numbers and email addresses and is keen to help with enquiries...read more
Chambers is delighted to announce another strong performance in the latest edition of Chambers and Partners across its practice groups. 9 members of Chambers are rated as being leaders in their fields in eight of our practice areas: Civil Liberties and Human Rights;...read more