The Commercial and Business Team at 9 Gough Square offers in-depth expertise across the areas of law most commonly encountered in commercial disputes. The range of seniority within the team means that a client’s needs can be met, whether the case is a fast-track sale of goods dispute or complex High Court litigation. Where required, Team members are able to advise and draft necessary documentation at short notice and can assist in obtaining urgent interim relief such as freezing injunctions, search orders and other injunctions.
Team members will always aim to achieve the most favourable outcome for the client, whether through litigation, arbitration, mediation or other methods of ADR. Not only do team members have a great deal of practical experience of ADR but two of us are CEDR-accredited mediators.
Members of the Team are experienced in advisory and advocacy work in areas of law, such as Property and Employment Law, which frequently feature in commercial and business disputes.
Examples of work undertaken include:
. General commercial contract litigation and arbitration
· Sale of goods, consumer credit and leasing agreements
· Construction contracts
· Partnership disputes
· Property-related disputes (see also the entry for the Property team)
· Insurance law, including non-disclosure and other disputes
· Disqualification of directors and related company matters
· Insolvency
· Judicial review of regulatory and other bodies
Recent cases undertaken by members of the Commercial and Business Team include:
Feldaroll Foundry Plc v Hermes Leasing (2004) EWCA Civ 747; (2004) 148 SJLB 630: (CA) whether a limited company buying a company car for the use of a director was dealing as a consumer within UCTA 1977.
Elvin Building Services Ltd v Noble (2003) CILL: (TCC) whether building contractor had a common law right to suspend work where employer was in breach of contract by failing to make installment payments.
Colbeck v Diamanta (2002) LTL 11.6.02: (QBD) successful claim in relation to the conversion of diamonds.
Clarke-Jervoise v Chubb (2002) QBD: successful resistance of claim for restitution of settlement monies for an oil painting that was the subject of a claim and then recovered.
North-Wall Financial Investments v Swycher (2000) QBD: misrepresentation claim against UK solicitor in relation to a failed property development in Portugal.
Johnson v Davies (1998) 3 WLR 1299: (CA) effect of an IVA in releasing co-debtors.
DTI v Henderson (1998) Ch D: directors’ disqualification proceedings following the collapse of a Lloyd’s members agency.
Re Atlantic Computers (1998) Ch D: claim for damages for collapse of Atlantic and British & Commonwealth Group – large multi-party action with ground-breaking mediated settlement. Also, Atlantic directors’ disqualification proceedings.
Click here to view our barristers working in the area of Commercial Disputes and to see details of notable Commercial Disputes cases undertaken by each barrister.
