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dispute resolution |
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The following is a statement of
FSP’s dispute resolution experience. The matters are
described in general terms to protect confidentiality. The list is not
intended to be exhaustive, but illustrative. Our specialist lawyers have
an extensive range of experience in advising in this field. Please
contact us for further information. |
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Company disputes |
Acting for the directors of a
company facing allegations of unfairly prejudicial conduct (a section
459 petition) raised by a minority shareholder. Successfully defending
the allegations and advising the directors as to a commercial resolution
of the matter. |
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Contractual / warranty claims |
Acting for a company in a dispute following a sale of
business concerning alleged breaches of non-competition covenants,
warranty claims and other breaches of contract. Representing our client
in proceedings in the Chancery Division of the High Court and resolving
the matter pre-trial on agreed terms. |
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Claims against directors |
Acting for two directors in proceedings issued against
them by a company to recover sums paid to them as part of a severance
package. The case involved various allegations of breach of duty and was
resolved through mediation. |
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| Partnership disputes |
Acting for a partner in a recruitment firm resolving
various partnership disputes and negotiating terms of settlement on the
client’s behalf. |
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I.T. / copyright disputes |
Acting for an international computer software company
in a multi-party dispute in the Chancery Division of the High Court. The
case involved allegations of copyright infringement, passing-off and
breach of contract of employment. |
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| Sale of goods claims |
Acting for an importer facing allegations of supplying
goods not fit for the purpose. By identifying possible counter-claims
against the wholesaler, the matter was resolved on a drop hands basis. |
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| Banking disputes |
Acting for a commercial leasing company in a dispute with a subsidiary of a major bank. The dispute involved claims in respect of residual value guarantees, and claims on parental guarantees issued by the company. The matter was successfully resolved before litigation. Advising a major lender on an application for relief
from forfeiture, preparing relevant paperwork for court prior to matter
settling. |
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Professional negligence |
Acting for a seller of development land in a claim
against solicitors and surveyors relating to allegedly negligent
planning and contract advice giving rise to a substantial claim. |
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Acting for a golf club in a claim against the club’s
insurance brokers for failing to renew the club’s insurance on proper
terms. The matter was resolved through the pre-action protocol process,
with our client securing a substantial settlement payment from the
brokers’ own insurers. |
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| Mediations |
Acting for a multi-national energy facilities
provider in a dispute concerning the construction of certain gas
compressors. A claim was issued in the Technology and Construction Court
and a successful outcome was then achieved through mediation. |
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Building disputes |
Acting for two individuals in
relation to a dispute with a substantial building company in relation to
the quality of works carried out and the sums charged. Defending
proceedings issued by the building company and achieving a settlement
pre-trial on favourable terms. |
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Landlord & tenant |
Acting for commercial landlord and
tenants in relation to business tenancy renewals and interim rent
applications under the Landlord and Tenant Act 1954. Drafting notices,
issuing proceedings and obtaining orders. |
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| Dilapidations | Advising a commercial landlord on substantial dilapidations claim. Instructing surveyors, complying with the Property Litigation Association’s Dilapidations Protocol and achieving a satisfactory settlement for the client. | |||||||||||||||||||||||||