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.
Boilerplate clauses - common issues and practical tips05 July 2018
Boilerplate clauses are often overlooked in commercial transactions. Sometimes they are not negotiated at all. But when things go wrong, boilerplate clauses are often central to the dispute and their interpretation can be crucial when determining rights.
Supreme Court upholds requirement to record variations in writing24 May 2018
Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law.
Dispute Resolution Update - May 201824 May 2018
Welcome to the May 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Construction Law Update – Fighting back against “Smash and Grab” Adjudications21 May 2018
The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.
Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing14 May 2018
In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.
Mediation02 May 2018
Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties. If successful, mediation can save the time and costs of fighting a dispute through the courts or in arbitration.
Are documents generated in the course of an investigation protected by litigation privilege?01 May 2018
Two recent cases concerning the applicability of litigation privilege to documents generated in the course of investigations show that it is easier to obtain that protection where the subject of the investigation is a civil rather than criminal matter.
Jurisdiction Challenges09 April 2018
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.