Barker Barker Gillette LLP, London UK – Business Crime, Sports, Retail Property and Employment Law Solicitors
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Dispute Resolution

SPECIALIST AREAS

Contract Disputes

Boardroom & Partnership Differences

Commercial & Residential Landlord & Tenant Disputes

Professional Negligence

Civil Fraud

Insolvency

Clinical Negligence & Personal Injury

 

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DEPARTMENT
The dispute resolution department deals with a wide range of commercial and non-commercial disputes for individual and corporate clients. These encompass contractual disputes, boardroom and partnership differences, commercial and residential landlord and tenant disputes, professional negligence, insolvency, civil fraud, clinical negligence and personal injury. Clients may be individuals, corporate entities or multiple parties seeking class relief.

When dealing with any of the issues, the emphasis is on assessing the client's requirements in the context of the situation that confronts the client. Often this may involve a consideration in commercial cases of whether injunctions or civil search and seize warrants are required in order to preserve assets, evidence and information. It is important, therefore, to understand and assimilate material quickly and efficiently so as to ensure a timely progression of matters.

Careful consideration is given not only to approaching disputes through the Courts, but also by considering alternative methods to resolve a dispute, ranging from direct negotiation through to mediation. The aim is to ensure that the clients receive a composite and considered service tailored to their respective needs, bearing in mind at all times the cost ramifications of litigation.

The members of this department work together as a team so as to ensure support and continuity. All members of the department are familiar with and practice in the Queen's Bench and Chancery Divisions of the High Court and the County Court.

 

CONTACTS
Alex Deal
Nigel Forsyth
Bronwyn Heenan
Qaiser Khanzada
Natalie Maloney
Jodi Newton
Vinay Verma


SAMPLE CASES
Kalamazoo Plc v- Rice (Court of Appeal)
Successful application to admit new evidence following Summary Judgement being entered against the Defendant, as a consequence of which Judgement was set aside. The impact of this was particularly important in the context of multi-party litigation.
Raiss v- Palmano
Immunity of expert witness despite misrepresentations as to his professional qualifications.
Goode v- Martin (Court of Appeal) (2001) All ER 620
Adding cause of action outside limitation period; CPR 17.2; Article 6 ECHR.
Asiansky Television Plc v- Bayer Rosen (Court of Appeal)
Solicitors negligence, successful appeal against decision of the Judge. Distinctions had been drawn between implemented and unimplemented compulsory purchase orders affecting commercial land causing a blight on title. Case being remitted for re-trial to an alternative Judge.
Snowville UK Limited v- Holidaybreak Plc (Queens Bench Division appeal to Judge)
Successful appeal from Master to Judge involving construction of a takeover agreement; obligations therein in respect of pension indemnities; time limits; considering the intention of the parties when striking the commercial bargain.
Kruger Trading Limited v- Global Network Holdings Limited (2004) EWHC 1396(CH) (T.Mowschenson QC)
Construction of demise clause in commercial lease; declarations as to proper construction; rectification on grounds of mutual or unilateral mistake; forfeiture of lease.


 

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