Commercial and Corporate Disputes
Corporate and commercial transactions can lead to a variety of disputes, including claims for breach of contract, breach of warranty, misrepresentation, breach of guarantees and rectification issues.
You need a commercial, creative solution based approach to resolve disputes that will assist you in protecting your resources, relationships and reputation.
Our specialist team has experience of acting in complex and varied disputes for local, national and international companies, partnerships and entrepreneurs from a variety of sectors, and fully understand the commercial considerations from both sides of the fence. We recognise that our clients are often keen to preserve commercial relationships and avoid adverse PR.
Right from the outset we will provide you with an assessment of the strengths and weaknesses of your case and a strategy based on a realistic budget to help you to achieve an early and cost effective settlement. From creative approaches to settlement, including mediation or other forms of alternative dispute resolution, to adopting an aggressive approach to trial our approach will be tailored to you.
We also provide risk management advice to pre-empt litigation and minimise the risk of disputes arising.
Our areas of work include:
- Agency, distributions and franchise disputes
- Board and shareholder disputes
- Breach of guarantees
- Breach of restrictive covenants
- Commercial Agents Regulations
- Commercial contract disputes
- Defective goods and services
- Information technology disputes
- Injunction applications
- International disputes
- Merger, acquisitions and joint venture disputes
- Partnership disputes
- Product liability claims
- Professional Negligence
- Warranty and indemnity claims
Chambers & Partners 2016
Elizabeth Beatty leads the Worcester team in a full range of commercial cases, such as director and shareholder disputes, issues of misrepresentation and commercial contracts.
Firm-wide litigation head Richard Morgan has experience in a wide range of commercial and property disputes. He regularly represents commercial clients in the manufacturing, security and defence, and construction sectors.
Recent experience includes:
- Advising the UK subsidiary of a substantial European group for breach of warranty by sellers under a share purchase agreement. The claim required technical analysis of complex accounts, successfully dealing with legal construction and interpretation of the share purchase agreement’s notice provision. We were instructed on very short notice to issue protective proceedings in light of significant concerns about limitation. We managed to address the issues within 24 hours of being instructed (which included identifying breaches and advising on litigation tactics) and to successfully resist the Defendants’ application to strike out the claim in reliance on a limitation defence. Our swift action ensured that the claimant’s right to pursue proceedings for an alleged breach of warranty was preserved.
- Warranty claim on behalf of a purchaser of a residential and domiciliary care business, which settled at mediation and allowed the parties to reach a creative, commercial solution.
- Obtaining injunctions for delivery up of equipment and a freezing order.
- Advising a food producer concerning damage to goods transported from the UK to Saudi Arabia which involved the consideration of a chain of potential contractual liability involving multiple parties and jurisdictions.