Commercial Litigation

We live in litigious times and the relentlessly competitive nature of business today means that commercial litigation is now a fact of corporate life.

The fact does not, however, diminish the anxiety and disruption caused by business disputes, which can be costly in terms of both time and money.

Although much of our commercial litigation lawyers’ work is in the English courts, Fladgate’s strong international focus means that we have established a reputation for high-quality cross-border commercial litigation work. Our commercial litigation lawyers act for corporate clients from the UK and abroad, across a wide range of business sectors. We are also instructed by a large number of overseas lawyers.

Our advice is candid, realistic and clearly communicated, to enable clients to make informed decisions. Although we are experienced in handling cases of considerable size and complexity, we are flexible in our approach and will tailor our service specifically to meet our clients’ needs.

We cover all aspects of commercial litigation including:

  • Contractual disputes
  • Misrepresentation actions
  • Shareholder and partnership disputes
  • Freezing injunctions
  • Search orders
  • Regulatory disputes
  • Insurance and reinsurance

For legal updates and news, please visit the Fladgate Dispute Resolution Hub.

Mark Buckley

Mark Buckley

If you have any questions or queries please call Mark on +44 (0)20 3036 7266 or email mbuckley@fladgate.com

Fladgate LLP’s “team has a wealth of knowledge and experience”.

Legal 500

Commercial Litigation team

 

Fladgate in International Litigation News after Supreme Court judgment in Vendanta Resources Plc v Lungowe

Frances Jenkins, Steven Mash, Gerald Brent

It is not just named parties that can sue under a contract

Update on Litigation Privilege – Important lessons to be learnt

Leigh Callaway

Asserting or Challenging Jurisdiction

Leigh Callaway

Knowing when to appeal

Leigh Callaway, Joshua Bennett

What Lies Beneath: beware documents hidden in the contract bundle

Possible implications of a ‘No Deal’ Brexit for commercial contracts

Breaching an anti-suit injunction: Prince discovers no one is above the law

Don’t Be Late! Court finds a genuine mistake is no justification

The Commercial Agents Regulations – The Commodity Market Exception

View by: Grid

Don’t Be Late! Court finds a genuine mistake is no justification

|

The Commercial Agents Regulations – The Commodity Market Exception

|

Collateral purpose or collateral damage?

|

Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

|

Security for Costs – Cash is King

|

High Court blocks £1-3bn data protection claims against Google

, |

Data Leaks and Employer Liability

|

Found you! – Peering behind the corporate veil

, |

Fladgate continues with strong showing in Chambers UK 2019

|

“No-deal Brexit: civil and commercial cooperation” guidance published by the Law Society

, |

A strict interpretation

, |

Hands off, its mine! Beneficial interests vs creditors’ rights

|

Fladgate LLP has ‘good-quality litigators for all commercial areas’. The practice is largely conflict free and able to act against most banks in financial services-related litigation. It is also well known for its significant HNW private client base. The team acted for London private equity firm PCP Capital Partners in a claim against Barclays Bank for fraudulent misrepresentation that related to a £7bn capital raising.

Legal 500

Simon Ekins is department head; Bree Taylor is ‘recommended without reservation’; Steven Mash ‘comes up with strategies that lead to excellent court outcomes’; and Mark Buckley is ‘the standout litigator in London’s contentious bond market’. Other key advisers include Simon Brew, Alexander Wildschütz, construction law expert David Weare, and Digby Hebbard, who pursues claims against construction project professionals. Russia specialist and dispute resolution partner Eugene Matveichuk joined from Osborne Clarke LLP.

Legal 500

Fladgate LLP acted for a group of retail and institutional investors in litigation against RBS arising from its rights issue. Simon Ekins and Simon Brew are recommended alongside Mark Buckley, who is ‘a great tactician’, Bree Taylor, who is ‘a tough, smart litigator’, and the ‘exceptional’ Steven Mash.  Alexander Wildschütz, David Weare and Digby Hebbard are also well regarded.

Legal 500

Fladgate LLP recruited Memery Crystal LLP’s former dispute resolution head Bree Taylor, as well as Steven Mash, Digby Hebbard and Anil Rajani from Crowell & Moring, Trowers & Hamlins LLP and IBB (Iliffes Booth Bennett) respectively. The team advised on a rights issue claim. The key lawyers are Simon Ekins, Simon Brew, Mark Buckley and Paul Howcroft, as well as Alexander Wildschütz, David Weare and Sophia Purkis.

Legal 500

Bree Taylor joined Fladgate LLP from Memery Crystal in June 2015. She specialises in shareholder and company disputes and is “very thorough and clear in explaining things.” One happy client comments that “she really put her whole soul into this: she immersed herself in the material, became completely absorbed by the case and unlocked the optimal approach.”

Chambers UK

Simon Brew of Fladgate LLP is a seasoned practitioner with extensive expertise in all kinds of negligence work including claims against legal and construction professionals. Sources comment: “He has a wide range of skills and expertise and a very strong relationship with the Big Four.”

Chambers UK

According to sources, Alexander Wildschütz of Fladgate LLP is “a practical lawyer who is well attuned to the realities of the situation”. He is dual-qualified as a German Rechtsanwalt and a solicitor in England and Wales, and regularly advises on cross-border litigation.

Chambers Global

Fladgate LLP’s team head is Simon Ekins. The practice was instructed by a former director of Hertie and its wholly owned subsidiary, in a claim concerning the extension of funding to those companies.

Legal 500

  • RBoS Shareholders Action Group – claims valued at £1.9bn against Royal Bank of Scotland in relation to the 2008 rights issue.
  • Former director of Hertie GmbH – claims totalling £28m arising from the extension of commercial funding to the company and others.
  • Deloitte – wide range of risk issues and claims, most recently in connection with an allegation of negligent trust management.
  • Force India F1 Ltd – various claims, including a sponsorship dispute with Etihad Airways and Aldar Properties.
  • Former partner of a firm of solicitors – representing a former partner of an established firm of solicitors against claims of negligence, breach of FSMA and dishonest assistance brought by over 500 investors in technology schemes which were designed to be tax efficient and valued at about £90m.
  • Multinational company – several arbitrations relating to oil refinery projects.
  • Offshore wind farm – claim against a well–known energy company arising out of disruption of fishing grounds caused by the construction of an offshore wind farm.
  • Austrian investors – claim against a state owned Russian bank arising under a distressed US$25m bond and their rights to participate in a state backed scheme.
  • Indian company – LCIA arbitration to defend claims arising out of a joint venture agreement with its global partner.
  • Former director of Bernard Madoff’s London trading entity – claims brought by English and US liquidators seeking to recover funds on behalf of investors in Mr Madoff’s Ponzi schemes.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.