Commercial dispute resolution
Commercial disputes can occur at any time and are often more prevalent following an economic downturn. Effective dispute resolution can require the significant investment of management time and cost. From the moment we are instructed, we will help you build an effective strategy which will take into account your resources, your approach to risk and the potential impact on your brand.
We provide a full range of services to clients both nationally and cross-border including:
Commercial dispute resolution
- commercial contract disputes
- warranty claims
- director/partnership/shareholder claims
- contested debt recovery claims
- IT/technology disputes
- procurement challenges
- breach of covenant claims (SPA, employment, partnership)
- pre-contract risk avoidance
- wrongful interference with goods/conversion
- employment contract claims in the High Court/county court
- freezing orders
Corporate insured cases
- acting for insurers/corporate insureds/loss adjusters in commercial insurance matters
- disputes involving co-operation clauses
- coverage disputes e.g. material non-disclosure, aggregation, under-insurance
- business interruption clauses (especially quantum aspects) freezing orders
- non-motor recovery claims (both in relation to insured and uninsured loss)
What we do...
- Diverse and talented litigators – the size and talent of our team means we can deal practically and effectively with a broad range of disputes involving many sectors including: automotive; education; energy; financial services; healthcare; insurance; IT/tech; manufacturing; public bodies; retail; sport and utilities.
- Understanding our clients’ needs - we work effectively with all clients from large multi-national PLCs and more local private/owner-managed businesses through to local and national public bodies. We understand the issues and commercial pressures that all our clients face when dealing with disputes.
- Results driven - we provide commercial, practical advice even where that means challenging our clients’ thinking, to get the best result for them.
- Exceptional client service - our values mean we are client focused, dependable, responsive, innovative, professional and reflective.
- Products – we have developed a costs management application to allow for full and proper monitoring of budgets including how the ongoing cost compares with the budget approved by the court - an excellent tool for keeping our clients up to date on the next most important factor after prospects of success.
- Externally recognised experts - we are consistently ranked as a Tier 1 Commercial Litigation team in both Chambers and Legal 500.
"Everyone at Browne Jacobson has a strong commercial understanding and can quickly learn the technicalities involved in any matter brought to them."
Featured experience
Virtual General Counsel
Acting as virtual General Counsel to the UK board of one of the world’s leading manufacturers of work uniforms on litigation strategy and key risk issues in a suite of US litigation arising from allegedly defective uniforms supplied to 65,000 American Airlines employees. The uniforms are said to have caused a raft of medical issues ranging from respiratory and dermatologic complaints through to cancer and – in one case - premature death, with damages of up to $500m sought. The parties engaged top US lawyer Kenneth Feinberg (who was appointed by the US government to distribute the 9/11 compensation fund and has been involved in other sensitive, high-profile multi-party claims) to help mediate a resolution.
A leading high street retailer
Successfully defended a leading high street retailer against a series of claims totalling over £5m which stem from the alleged unlawful termination of a long-term contract for the design/supply of childrenswear sold in 300 stores nationwide. The central allegation included reasonableness of the notice period of the profit share element of the relationship, a claim for injunctive relief and an account of profits. The case is now reported as a leading authority on good faith obligations in commercial contracts.
Extraordinary Commissioners
Acting for the Extraordinary Commissioners of a well-known foreign flag-carrier airline in connection with the recovery of $7.5m of security deposits for five aircraft under separate aircraft leases. This has required comprehensive consideration of the construction and interpretation of the aircraft leases as well as resolving limitation / jurisdictional issues and a detailed review of case law surrounding the Brussels Regulation.
A global manufacturer
Defending a global manufacturer and distributor of water heating systems against a claim brought against them by a supplier claiming damages of up to £50m for alleged breaches of an agreement whereby our client was to use best endeavours to promote and expand the supply of the product in question across the UK.
Testimonials
"The team provides timely feedback and clear, knowledgeable advice."
"They are extremely quick to understand and act upon complex matters but also provide advice and solutions in clear and simple terms."
"Browne Jacobson have a good understanding of our business and industry, and are excellent in applying this throughout their legal advice."
"They are flexible, dynamic, and deliver within the time frames they outline."
Key contacts
Jonathan Tardif
Partner
Ciarán Markey
Partner
Sophie Ashcroft
Partner
Paul Kirkpatrick
Partner
Darragh Killeen
Partner
Chloe Poskitt
Legal Director
Shannon Fahy
Associate
You may be interested in...
Legal Update
Churchill v Merthyr Tydfil Council: A game changing decision for local authorities
Legal Update
Are amendments to be expected for the Arbitration Act 1996?
Guide
How to manage retail sector supply contracts and avoid disputes
Opinion
Mediation – remote or in person?
Published Article
ClientEarth claim may expand scope of directors' duties
Legal Update
Product distribution – how to protect yourself from an early exit
Legal Update - Public matters newsletter
Public matters - January 2023
Press Release
Court of Appeal makes plea for legally enforceable arbitration for FRAND disputes
In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.
Opinion
The Future of Mediation
Published Article
Sole director decisions: Another perspective
Opinion
Covid Rent Arrears: Cinema operators’ appeals dismissed
The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.
Legal Update
Safeguarding the incorporation of onerous terms into a contract
Useful guidance on the incorporation of onerous terms and conditions into a contract has been provided by HHJ Davies’ judgment in the recent case of Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 (Comm).
Legal Update
Contract termination in Covid-19 times
The ‘new normal’ has brought with it a variety of different challenges and it has had an impact on nearly all facets of our lives, including the termination of contracts during these Covid-19 times.
Legal Update
REACH Registration post-Brexit
Although the UK’s departure from the EU means that the EU REACH regulation no longer applies, UK REACH has stepped in to fill the gap, and UK-based companies exporting to the EU are now facing two chemicals regulation frameworks to deal with when before there was just one. Is your company ready for the challenge?
Legal Update
Litigators beware! Recent changes to Part 36 Offers
Opinion
Directors who fail to prepare, should prepare to fail
Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
Legal Update
Recent changes to HMRC's policy on VAT and contract termination payments
On 2 September HMRC announced a change in its policy on the VAT treatment of compensation and damages payments in the context of early contract termination.
Opinion
Impact of Covid-19 upon level of fine
Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.
Legal Update
Whose clause is it anyway?
Since the outbreak of the Covid-19 pandemic, the spotlight has increasingly been on force majeure and termination clauses in contracts.
Opinion - Future Lawyer blog
A day in the life of a Commercial Disputes Resolution (CDR) trainee
Ruby O'Hara gives us an insight of her role in the Commercial Disputes Resolution team.
Legal Update
Neocleous and another v Rees [2019] EWHC 2462 (Ch)
Following a dispute over a right of way, the parties’ solicitors agreed in an exchange of emails (constituting a single email chain) to compromise the dispute by the defendant (R) transferring to the claimants (N) a small piece of land adjacent to Lake Windermere.
Legal Update
Stanning v Baldwin and another [2019] EWHC 1350 (Ch)
Issues about prescriptive rights of way and drainage arose on the redevelopment of dominant land.
Opinion
Cyber risks – are businesses really ready?
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
![Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57](/getattachment/536fcc78-0577-4e42-809e-7f8ca816d26b/fs-shutterstock_1919510069.jpg?variant=HeroImageTabletVariantDefinition)