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Commercial Disputes

We have a wealth of experience handling commercial disputes across a broad spectrum.

We litigate high value and complex claims at all levels before the English Courts and regularly collaborate with lawyers internationally to resolve cross-border disputes. We also handle major domestic and international arbitrations (ICC, LCIA, specialist tribunals and ad hoc) and make effective use of all forms of ADR. As a team we have the capacity and experience to handle heavy claims and we consistently achieve excellent results.

The team is highly regarded and consistently ranked in both Chambers (UK and Europe editions) and Legal 500.

“very on the ball, they know their stuff and they are very good with big-ticket litigation”, “Lewis Silkin is excellent and punches well above its weight” (Chambers Europe, 2017)

“very customer service-oriented, experienced, with great judgment and practical solutions” (Chambers UK, 2018)

“very strong litigation practice” (Legal 500, 2017).

Areas of work include:

  • arbitration
  • banking disputes
  • civil fraud
  • commercial contract disputes
  • commercial judicial review
  • competition disputes
  • construction disputes
  • director & shareholder disputes
  • financial services disputes
  • injunctive remedies
  • insolvency
  • insurance disputes
  • international litigation including
  • jurisdictional disputes
  • joint venture disputes
  • natural resources & utilities, including energy
  • partnership and LLPs
  • post –transaction claims, including warranty and indemnity claims
  • professional negligence
  • real estate litigation
  • restitution claims
  • shipping & international trade
  • technology
  • trust litigation

Related items

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Law Society Report: AI in the Justice System

13 June 2019

The Law Society has now published the final report of its Technology and the Law Commission (the “Commission”) investigation into the use of algorithms in the justice system. It follows a year-long exploration by the Commission of whether algorithms’ use within the justice system should be regulated to protect human rights and trust and, if so, how.

Mark Lim writes for Accountancy Age: Insolvency of LLPs – liability and risk for partners

07 June 2019

In an article for Accountancy Age, Mark Lim outlines what partners need to know in the event of an LLP’s insolvency.

Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate

04 June 2019

In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.

The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?

28 May 2019

The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.

Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle

21 May 2019

The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.

Court of Appeal allows inspection of documents despite the risk of foreign prosecution

07 May 2019

The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.

Contract law update: Recent developments and practical tips

03 May 2019

On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.

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