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  • Overview

    We understand that our clients wish to minimise the risk and the time that they have to devote to disputes. Our objective is to achieve swift, commercially realistic results in the most cost efficient and risk free manner possible, using the most appropriate forum.

    We make it a point to get to know our clients, to understand their objectives thoroughly, to provide clear advice and astute recommendations in plain English, and to make ourselves available whenever and wherever our clients need us.

    We appreciate our clients' desire to minimise risk and we actively look for opportunities to offer conditional fee agreements in appropriate cases, as well as a range of other funding and insurance options.

    Our team of experienced and highly specialist lawyers includes experts in contractual, commercial and international disputes, arbitration,  insolvency, shareholders’, directors and partnership disputes, in disputes arising from construction/engineering projects and we also act for clients seeking to protect or defend intellectual property/IT rights.

    In addition we represent clients in all types of property dispute, including commercial landlord & tenant matters and cases involving dilapidations, trespass, adverse possession, boundaries, covenants and easements. We also have expertise in planning and compulsory purchase and in environmental and competition law cases, in gaming, licensing and health & safety matters and in professional negligence claims involving solicitors, surveyors, architects, accountants, IFAs and barristers. We also represent clients involved in disputes relating to financial services and products.

    We are recognised in the latest editions of The Legal 500 and Chambers UK.

    For further information please see our full list of services for businesses or contact our dispute lawyers.

     

  • Related Client Stories

    Transport & Logistics: Dispute with Turkish Suppliers

    Transport & Logistics: Changes to the Gangmasters Labour and Abuse Authority (“GLAA”) Licensing Regime

    Transport & Logistics: International Dispute Resolution

    Transport & Logistics: SCC Arbitration

    Dealing with construction documentation when the requirements as to financial protection required by funders is changed

    We act for our client who has recently acquired various car showroom sites and has been fitting them out. Our client’s intention is to sell vehicles from these locations under well known brand names.  

    Acting for our client contractor in a short time frame in order to protect their relationship with their developer

    We acted for our client who has been working as the main contractor for four years on a site in central London.

    Assisting our client in the building of a distillery who was able to benefit from us also being able to work closely with our Commercial Property team

    We were instructed by our client to assist them in the building of a distillery making gin, vodka and English grain spirit.

    Dealing with an Agreement for lease and drafting documentation where the same contractor and consultants are employed by Landlord and Tenant

    We act for a client who is currently having a large fruit-packing and distribution centre built by its Landlord.

    Drafting construction documentation involving a multitude of contractors and consultants

    We have been instructed by our client who is currently carrying out a major refurbishment of its London aparthotel.

    Final account dispute and advice on contract administration

    We were appointed by our client in relation to its final account dispute in connection with an exciting project to create a new visitor exhibition space within a prominent British landmark.  

    Multi-party claim in relation to numerous defects with a new build property

    We acted for the Claimants in a multi-party dispute concerning a range of defects with a new build property which they had purchased for approximately £1.5 million.  

    Claims against designers, contractors and insurers in respect of a highly unusual private property

    We acted for the owners of a highly unusual and experimental residential property, which featured prominently some years ago on a popular television show. 

    Adjudication and settlement of disputed M&E subcontractor’s final account and counterclaims

    We acted for our client in relation to a disputed final account and contra charge claim with its mechanical and electrical subcontractor.

    Final account dispute for mixed use education establishment

    We acted for our client in connection with a dispute arising from a complex project involving the refurbishment and conversion of a number of buildings into new classrooms and staff facilities at an independent school. 

    Resolving a dispute concerning the interpretation of utilities reinstatement contract

    We were instructed in relation to a significant dispute arising from a utilities reinstatement framework agreement covering a large region of England. 

    Logistics

    James Cradick has advised a leading distributor of fruit in relation to commercial issues arising from the operation of and compliance with the licensing regime overseen by the Gangmasters Licensing Authority (“the GLA”).

    International trade / Commodities 1

    James Cradick acts on behalf of a number of suppliers of fruit in relation to cross border disputes arising out of sale and supply contracts and agreements.

    International trade / Commodities

    James Cradick acted in an arbitration on behalf of Ukrainian commodity traders in relation to a multi-million US Dollar dispute arising out of shipments of Ukrainian Yellow Corn.

    Shipping Dispute

    James Cradick represented Cypriot oil brokers in a multi-million US Dollar dispute arising from unpaid brokerage fees. The dispute involved one of the world’s largest oil companies, a tanker arrested in Sri Lanka and arbitrations pending in both Singapore and London.

    Easements

    Lease extension

    Landlord & Tenant Act 1954 – contested terms

    Enfranchisement and keeping the garden

    Enfranchisement when directors are members of a company

    Enfranchisement

    Rights of common

    Settlement of guarantee claims

    Termination of allotment land

    We acted for a national charity on the rights of allotment holders occupying land needed by Charity for further development and taking steps to secure possession of the allotment land.  In isolation, the plots seem of little importance.  However, unless possession is secured, the significant planned development cannot proceed.   The development is being funded by a substantial government grant, which adds another level of urgency and complexity.  The lead Real Estate Litigation lawyer is Mark Steggles and the process is ongoing.

    Insolvency

    Overage agreements

    Watts Farm

    This case study demonstrates the expertise of our Dispute Resolution team who advised Watts Farm on a dispute arising from a demand from its water supplier for payment of back-dated charges totalling £250,000. Watts Farm is a 300 acre farm based in Kent, which specialises in growing and importing high quality herbs, soft fruit and vegetables.

    B.V. Scheepswerf Damen Gorinchem - v - The Marine Institute [2015] EWHC 1810 (Comm)

    One of the benefits of a well run arbitration is that it will usually produce a quicker result for the parties than formal litigation through national courts. Ensuring that your Tribunal is comprised of one or more experienced arbitrators is one key element in ensuring that the process is managed efficiently.

    Frontier Agriculture v Bratt Brothers (a Firm) [2015] EWCA Civ 611

    A farmer acting in person has successively persuaded the Court of Appeal to set aside an order of the Commercial Court made against him which granted permission to enforce an arbitration award under 66 of the Arbitration Act 1996.

    Advising the insurers of cheese importers found to have illegal immigrants within the container

    We acted on behalf of the insurers of the leading importer of speciality cheese into the UK.

    Advising Swiss commodity traders in a dispute over rice with Indian buyers

    We acted on behalf of Swiss based commodity traders in a dispute with Indian based buyers arising from the sale of 10,000 MT of Indian White Rice.

    Advising Russian frozen fish distributors

    We acted on behalf of the Russian sellers of various consignments of frozen fish which were shipped from Murmansk in Russia for distribution to customers in Portugal.

    LCIA Arbitration

    James Cradick has acted on behalf of one of Russia’s largest mining companies on instructions received via their trading office in Switzerland in several linked LCIA arbitrations arising from the non-payment of shipments of coal to India.  

    Insurance Dispute pursuant to Third Parties (Rights Against Insurers) Act 1930

    James Cradick acted on behalf of the administrators of a development company in a multi million pound insurance dispute arising from the collapse of a hotel in London during a complex project to convert the hotel into high end domestic properties.

    FOSFA Dispute

    James Cradick acted on behalf of a leading German manufacturer and processor of sunflower seed oil in a dispute with one of the worlds largest commodity traders. The client’s were purchasers.

    GAFTA Arbitration

    The firm has a long history of acting on behalf of businesses trading internationally.

    Infringement of intellectual property rights

    This case study demonstrates the expertise of our Dispute Resolution team who recently advised Adelphi Masterfil on intellectual property and tactically how best to protect its position.

    Gravesham Borough Council

    This case study demonstrates the expertise of our Commercial Property & Development and Construction & Engineering teams who have recently advised Gravesham Borough Council on the development of the first new Council houses in Gravesend for 16 years.

    Recovering rent arrears from a previous tenant

    This case study demonstrates the expertise of our Dispute Resolution team who advise a wide range of commercial landlords in relation to recovering rent arrears from tenants or other parties. This case study looks at the ability of a landlord to claim rent from a previous tenant.

    Negotiations with liquidator of specialist stone supplier

    This case study demonstrates the expertise of our Construction & Engineering team who acted for a specialist roofing contractor in relation to a very urgent matter caused by our client's supplier of York stone going into liquidation.

    Adjudication - specialist roofing contractor

    This case study demonstrates the expertise of our Construction & Engineering team who acted for specialist roofing contractor in relation to a dispute with a hostile lead-working subcontractor, who commenced an adjudication.

    Roofing issues at school's performing arts centre

    This case study demonstrates the expertise of our Construction & Engineering team who acted for a main contractor in relation to a complex multi-party dispute arising from issues with the roofing to a large auditorium roof at a London school.

    Minority shareholder - unfair prejudice

    This case study demonstrates the expertise of our Corporate, Commercial, Employment and Dispute Resolution teams who worked closely together to secure a successful outcome for our client, seamlessly managing unfair dismissal and unfair prejudice claims side-by-side and offering the client a single point of contact in relation to both claims.

    The Royal British Legion

    This case study demonstrates the expertise of our Construction & Engineering team who acted for The Royal British Legion over a 20-month period in relation to a £2 million+ dispute that arose in relation to the construction of a new specialist dementia care facility and the re-build of the substantial part of an existing nursing home in Norfolk.

  • Latest Updates

    Thomson Snell & Passmore act on behalf of Hautford Ltd

    Thomson Snell & Passmore acted for the successful respondent in the Court of Appeal case of Rotrust Nominees Limited –v- Hautford Limited, in which judgment was handed down on 17 April.  

    Fire safety works – who pays?

    The relationship between Landlord and Tenant can be strained, particularly where building maintenance and large scale repair works are concerned and the question arises as to who is to pay for the works.

    Top tips for guarantors of leases

    By Laura Harman, Solicitor in Commercial Property & Development.

    Expert Evidence: A Reminder of the Duties of an Expert

    In the case of The Governor and Company of the Bank of Ireland and anor v Watts Group plc [2017] EWHC 1667 (TCC) ("the Case"), the Court questioned the independence and reliability of an expert witness. As a consequence, it has become even more important for those instructed as an expert witness, to be aware of their duties.

    FAQ: Frequently asked questions from across the practice

    Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.

    Unjustified Threats: New rules relating to groundless / unjust threats in IP cases

    New legislation came into force on 1 October 2017, to codify the law on unjustified threats made by the owners of intellectual property (IP), to sue a third party for infringement. The Intellectual Property (Unjustified Threats) Act 2017 (the Act) brings long-overdue consistency to the rules applicable to registered intellectual property rights, but there remain some areas of ambiguity.

    Huge hike in compensation payments for hurt and upset employees

    With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.

    Debt collection - a quick guide for businesses

    Cash flow issues can cripple a business.  Late payment of invoices is becoming increasingly common and can be a significant burden on staff time and management time while chasing payments.

    The litigation “black hole”

    People often tell me that litigation is a “black hole” and that no-one emerges from it as a winner – except the lawyers.

    Breach of confidence - but what’s it worth?

    A recent case in the High Court has resulted in a business being awarded just £2 in nominal damages, to compensate for two of its employees retaining the business’s confidential information in breach of their duties.

    Private Landlords and the Right to Rent

    The “Right to Rent” scheme was introduced by the Immigration Act 2014 as a means to prevent people with no legal right to remain in the UK from renting or remaining in private domestic rented accommodation. It seeks to achieve this by imposing obligations on landlords (or their agents if they have agreed in writing to undertake the necessary due diligence) to check the status of existing and potential tenants. Landlords should not ignore their obligations, since in addition to the original civil penalty of up to £3,000 for failure to conduct the necessary checks, criminal sanctions were introduced from 1 December 2016.

    Implications of the business rates revaluation

    A landlord of premises let under a tenancy protected by the Landlord & Tenant Act 1954 (“the Act”) and who is intending to oppose the grant of a new tenancy should consider the implications of the business rates revaluation and the possibility of serving notice under section 25 of the Act before 1 April 2017.

    The Construction Pre-Action Protocol – saving parties time and money in construction disputes since 2000…

    Disputes are often an inevitable consequence of being in business.  This is certainly true of the construction industry which has a reputation for being particularly litigious, primarily because of the high level of risk involved in many construction projects and constant requirement for cash flow, given prevalent low margins. 

    Payment by commission - when is it due?

    It has always been common for some businesses, such as estate agents or commercial sales agents, to make their earnings from commission.  With the rise of the service economy and internet based businesses like Deliveroo, payment through commission is becoming increasingly popular.

    Dispute Resolution: Brexit

    The implications of Brexit for the disputes sector will be determined by whatever new arrangement the Government negotiates with the EU. Existing EU legislation will – in all probability – continue to form part of English law post Brexit and will remain in force until such point as they are replaced.

    The Online Court

    A review of the structure of current civil court system by Lord Justice Briggs, the Deputy Head of Civil Justice in England & Wales, was published in July 2016 and highlighted the lack of a suitable dispute resolution forum for disputes where the amounts involved do not usually justify involving solicitors.

    Arbitration – Worldwide Freezing Orders

    James Cradick, Senior Associate in our Dispute Resolution team discusses how a number of recent decisions of the English High Court serve as a stark warning to defaulters that a refusal to comply with Arbitration Awards and Court Orders will not be tolerated and that the Court will seek to facilitate the enforcement process wherever possible.

    Insurance Law Reform

    James Cradick, Senior Associate in our Dispute Resoluton team, comments on the significant changes that have been made to insurance law in England and Wales.

    Contract - Repudiatory Breach

    James Cradick, Senior Associate discusses a recent case, where a repudiatory breach of contract (or termination of contract) does not automatically discharge the parties from performance of their remaining primary obligations.

    FOSFA Arbitration – Anti-Suit Injunctions

    A number of recent decisions have emphasised the importance of acting promptly when seeking an anti-suit injunction or anti-enforcement injunction. James Cradick, Senior Associate in our Dispute Resolution team discusses a case where a delay was still held to be a sufficient reason for refusing the anti-suit injunction.

    Insurance - Fraudulent Claims

    James Cradick, Senier Associate in our Dispute Resoluton team, discusses why fraudulent insurance claims are a serious and expensive problem.

    Logistics

    James Cradick, Senier Associate in our Dispute Resoluton team, comments on how traders, exporters and forwarders will be aware of the important amendments to the Safety of Life at Sea (SOLAS) Convention which are, as of 1 July 2016, now in force.

    Arbitration

    Arbitration awards under English law are final and binding subject to the limited grounds of challenge permitted under the Arbitration Act 1996. James Cradick, Senior Associate in our Dispute Resolution team, comments on the extent to which the English Court proactively supports and promotes arbitration clauses between commercial parties.

    Brexit: what are the implications?

    When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.

    Brexit - there is a great deal to think about

    Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.  

    Brexit - what are the implications?

    Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.

    Brexit - A perspective on Dispute Resolution

    The decision to exit the European Union will undoubtedly give rise to a period of uncertainty for us all. A great deal has been written already about possible impacts and, in writing this short article, I have sought to highlight a few key areas that may warrant some immediate thought and possible action depending on your business sector, geography and markets.

    Insurance Law Reform

    Significant changes will shortly be made to insurance law in England and Wales. The cumulative effect of the reforms will be to significantly rebalance insurance law in favour of commercial policyholders ultimately leading to more claims being met. The main changes are summarised below.  

    Contractual Variation

    Globe Motors, Inc and others - v - TRW Lucas Varity Electric Steering Limited and another [2016] EWCA Civ 396

    How to fund litigation

    Do you or your business have a claim which you wish to bring but you are wary about doing so because of the costs and risks? Are you tempted just to ‘put it down to experience’ despite the fact that you would really rather not?

    Lease occupations and third party obligations

    The decision in Nemcova v Fairfield Rents Limited serves as a timely reminder to owners of leasehold property to consider carefully all obligations in their lease and the intention of those obligations before allowing a third party into occupation.

    Are you a heat supplier?

    If you are a building owner or landlord of a commercial or residential multi let building you may be affected by the Heat Network (Metering and Billing) Regulations 2014.

    Funding a claim against your professional adviser

    Have you been let down by a professional? Did your solicitors omit to advise you of planning, right of way or environmental issues affecting your property when you bought it?

    Global commodity price falls and challenges to sale contracts

    The dramatic fall in global commodity prices has resulted in historically low prices in the first months of 2015. Price fluctuations and market volatility present various opportunities and significant challenges to those engaged in global trade, but particularly to those in price sensitive commodities markets where even relatively small shirts in the market can result in considerable loss or profit for traders. Traders seek to manage, exploit and mitigate the volatility of the markets through the contracts they enter into.

    FAQ: Dispute Resolution

    Q.  I have been cut out of my parents Will, what can I do?

    Thomson Snell & Passmore fosters future growth with 10 internal promotions

    Leading South East law firm Thomson Snell & Passmore has announced a wave of internal promotions.

    Dispute with a manufacturer

    MexxaMixx is a Kent-based business which manufactures and sells a range of Mexican style cooking sauces.

    Paramount resort could leave firms kicked out

    Companies without strict freehold or lease agreements on land earmarked for the Paramount resort face being booted off their premises without compensation.

    Principal or Agent Revisited

    The question of whether a party contracts as principal or agent for another is a familiar one in disputes arising from the carriage of goods by road.

    Where there’s a will…

    It's impossible to prepare for every eventuality and prevent a probate dispute, but there are various ways to reduce their likelihood, says Jessica Bermingham.

    An exciting new company launches in Kent: Mexxa Mixx

    These case studies were serialised in the Kent and Sussex Courier, but are collated together in this case to show all of the different stages a company can go through and how we can assist. MexxaMixx is a ficticious Kent-based business which manufactures and sells a range of Mexican style cooking sauces.

    The EU Succession regulation: Brussels IV, an update for advisers

    The laws established under the EEC (since 1958) and under the EU (since 1993) have not to date applied to the rights of succession for the citizens of the Member States. However, that is about to change. With the exception of the UK, Ireland and Denmark, from 17 August 2015 the EU Succession Regulation (No 650/12) comes into effect.

    Thomson Snell & Passmore boosts their Commercial Group with three hires

    Leading South East law firm Thomson Snell & Passmore welcomes three new lawyers to their Commercial Group, including a noteworthy partner lateral hire, Alisa Sweeney who joins from Cripps LLP in the Commercial Property team.

    Thomson Snell & Passmore’s bumper year in the Chambers UK rankings

    Leading South East law firm Thomson Snell & Passmore is pleased to announce its excellent rankings in the new Chambers UK guide, published last week.

    Protecting against Will and Inheritance challenges

    The National Press has increasingly publicised the growth in court cases over family legacies, disputed wills, inheritance claims and family trust matters.

    Dispute regarding basement excavation and rebuild

    Nick Horton responds to a query regarding a neighbour’s actions. First published in The Times October 2014.

    Achieving clarity of purpose

    Kamal Aggarwal, Partner, takes us through the key legal issues to look at when considering overseas trade. Article first published in Finance & Management, March 2014.

    Funding legal disputes – how will the Jackson reforms affect local businesses and individuals?

    By Nick Horton, Partner and the Head of Dispute Resolution. Contact Thomson Snell and Passmore 01892 510000.

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

General Private Client UpdatesGeneral Commercial UpdatesConstruction UpdatesCourt of Protection UpdatesAgriculture & Rural Affairs UpdatesCommercial Property UpdatesEmployment UpdatesDispute Resolution UpdatesCorporate & Commercial UpdatesCharities & Not for Profit UpdatesFood & Drink UpdatesEducation UpdatesTransport & Logistics UpdatesFamily Business & Owner Managed Businesses Updates

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

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If you want to update what types of information you want to receive from us, or if you wish to stop receiving these communications, you can do so ay any time using the following link: or emailing us at .

We respect your privacy, information you submit to us will be treated in accordance with our & .

Congratulations on your 10 years of success, with the quality of service you and your team provide I am sure the next 10 years will see more deserved success for you.

Client

Responses were quick and to the point. They understood my needs, which prevented matters having to be re explained or the outcome of their services being unexpected and not what was required. They were clear about the procedure that we would follow and kept me up to date.

Client

"They excel technically, are superb tactically and have local knowledge and a complete understanding of our business."

Chambers UK 2016

"They have a real breadth of knowledge."

Chambers UK 2016

Kamal Aggarwal is extremely active in relation to high-value contractual, mis-selling and property disputes. Clients describe him as "driven by a passion to be and to deliver the best."  

Chambers UK 2016

Your strengths are that you are more efficient, more professional and deal quickly with any problems.

Client

George is fab, extremely professional and thorough.

Client

The response to any queries was always quick and honest, giving me security in my decisions taking the matter forward. The correspondence written by George Boddy was excellent, and made me feel confident in winning my case. Prompt attention, excellent correspondence, and understanding my concerns in an emotive case.

Client

"The entire team is always up to speed with matters to the extent that they are able to step in whenever required without any dip in standards or customer care."

Chambers UK 2018

Thank you Alison for your work on this, I must say your level of professionalism was refreshing and hopefully we have put this matter to rest.

Stephens IT Solutions

Meet The Team

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