Our experienced litigators always start by listening to your needs first and we promise to give you well-considered advice based on our expertise and where possible we will guide you to find a way to resolve the dispute amicably, at an early stage, particularly if we think you could gain from doing so.

Our clients expect us to resolve disputes quickly, on best possible terms and within agreed budgets and this is what our lawyers do. We work with individuals and entrepreneurs, SMEs and large corporations based in London and the South East.

Disputes rarely contain themselves to a single legal issue so our lawyers have broad experience. We also have strategically developed market leading expertise in specialist areas and sectors.

Our team can advise you on all aspects of commercial disputes, as well as, regulatory, compliance, commercial debt recovery, wills/trusts and property disputes.

Lender Litigation

We act for banks, building societies, bridging lenders, other secured lenders and third party servicers in bringing and defending claims.

Often lenders incur considerable losses following the repossession and sale of mortgaged properties. These losses are not always down to the decline in the property market, and some of them may be recoverable from the professionals involved in the transaction. Examples include inflated valuations, property title problems leading to lower resale values, undisclosed discounts on purchases, undisclosed sales of properties within six months of lending or fraudulent activity that should have been reported by the conveyancing solicitor.

Lenders do not need to wait until they have actually suffered a loss on a loan. If the loan is not performing as expected, or if the property has been valued recently and there has been an unexplained drop in the value, then it is worthwhile investigating to see if there is a claim against a professional.

We recognise that these types of claims can be a drain on internal resources and detract from lenders’ day to day business, so we work as an extension of our clients’ business to achieve a result that makes sense for the business’s needs.

Our areas of focus include:

• professional negligence
• claims against guarantors and surety
• shortfall claims
• contentious insolvency and restructuring.

Professional Negligence Claims

Professional advice is part and parcel of business life. It is also increasingly important in our personal lives. Whether you are providing that advice or taking it, there will inevitably be situations where it doesn’t go to plan. This can lead to costly repercussions.

Professional negligence is an area of special expertise for our commercial litigation team. Our team of lawyers have a long and established track record in acting in high value professional negligence cases, often helping to define the law in this area.

Most professionals have the benefit of insurance, which means that claimants ought to be able to recover some or all of their loss, as well as the majority of their legal costs. Whether you are looking to bring or defend a claim for professional negligence, we provide our clients with clear advice about costs and the various ways of funding a claim. Our lawyers pride themselves on their ability to give practical, strategic and commercial advice at every stage of the claim.

Our experience in both representing and defending clients in professional negligence cases has given us an in-depth understanding of the issues faced by both sides, and of strategies for bringing disputes to a swift, satisfactory conclusion.

Private Equity Disputes

Our private equity litigation team has extensive experience of working with private investment funds (including private equity, venture capital and real estate funds) to resolve their disputes quickly and discreetly.

We are revered for working with our private equity clients to achieve their strategic goals, by drawing on our deep knowledge and understanding of their business needs. Our reputation for creative solutions to our clients’ unique legal and business challenges is hard earned and means that our private equity lawyers are in demand.

We are well positioned to counsel our clients on litigation risk and avoidance and, when necessary, to represent their interests in Court or ADR.

Our areas of focus include:

• breaches of fiduciary duties
• transaction disputes
• shareholder disputes
• breach of contract
• employment
• corporate governance
• valuation disputes
• fraud (Ponzi schemes, misrepresentations, clawbacks)
• third-party litigation.

Alternative Dispute Resolution

If you or your business is involved in a dispute, it can often lead to unbudgeted cost and expense with no guarantee of a successful outcome. Resolving a dispute quickly, even if it means negotiating, is often the preferred approach to ensure this doesn’t have a significant negative impact on you or your businesses reputation. Alternative Dispute Resolution (ADR) is encouraged by the courts and should always be considered before resorting to litigation.
When setting out contracts at the outset of a new business relationship, it is worth agreeing what form of dispute resolution is preferred should a disagreement arise.

Mediation
Mediation is often the most referred to method of ADR. It is a confidential process where each side appoints an independent mediator. It normally involves a joint session followed by an assisted negotiation through a mediator. Once a negotiation is agreed, it is usually only legally binding once it’s been recorded in writing. If mediation does not result in a settlement, an alternative is to appoint the mediator to act as an arbitrator and make an award in favour of one party. This is often referred to as Med Arb.

There is more to ADR than mediation. Often a bespoke ADR process, sometimes involving several stages is required in order to effectively resolve a dispute.

Expert evaluation
Expert evaluation is often used in cases where the issues rely on expert evidence. For example, in a construction dispute the case may turn to a third party independent structural engineer to provide their opinion on the matter. It can be agreed in advance whether or not both sides wish the opinion to be binding. If they choose for it to be binding, this is known as expert determination.

Arbitration
Another form of ADR is arbitration. This involves appointing one or more arbitrators, either lawyers or specialists in the dispute subject matter. Unless agreed beforehand, the arbitrator will decide the procedure in accordance with the principles of natural justice. With the increase in court fees, arbitration can be a cost effective alternative and much quicker than litigation. If doing business with a counter party abroad, arbitration will also help to avoid falling subject to unfavourable jurisdictions.

• Our lawyers can tailor make processes matched to your objectives and budgets in order to provide the best possible prospects of a swift resolution.
• Directors – personal guarantees
• Whilst directors are not usually expected to be liable for company debts, some lenders and suppliers ask for personal guarantees.

Going into these arrangements with your eyes open will allow you to negotiate some of the clauses and ultimately provide better protection for you financially. Our corporate team work with many directors to make sure they are fully aware of the implications before entering into any personal guarantees on behalf of their company or organisation.

If you find yourself in a position where you need to extract yourself from a personal guarantee, there are ways of doing it. Our dispute resolution team can advise on how to do this and more importantly how not to do it. Many directors, who are no longer with the company or who are facing claims, act without really understanding the legal implications. Talking to lawyers with many years’ experience before taking action can make the whole process less painful, far quicker and financially less damaging.

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