Dispute Resolution

Claims against a former landlord by a creditor of an insolvent tenant

The Property Disputes Team recently advised a long standing client who had granted a lease of premises to a printing company.  The tenant financed the purchase of printing presses through a lending facility.

Diverting access rights to enable development to proceed

The Property Disputes Team recently assisted a developer client who was in the process of developing a multi-million residential scheme with an on site community facility.

Defending claims and an injunction application relating to an alleged breach of confidence

Our clients instructed us after being served with an interim injunction application and claim wrongly alleging misuse of confidential information belonging to a business they had established, but subsequently sold to the claimant.

Restricting the effect of a claim against our client, and helping secure an ongoing business relationship, and negotiate a settlement

We were instructed by the UK subsidiary of a leading international retail group, in connection with a claim which was brought by one of its customers. The claim arose from a supply contract entered into almost a decade ago.   

Resolving a dispute relating to undisclosed liabilities after the acquisition of a company

Our client acquired a new business last year under a purchase agreement, paying over £1,000,000 to the seller. Shortly after the purchase was completed, our client discovered anomalies in the accounts of the acquired business.   

Protecting a client’s directorship when a dispute arises with a fellow director within the same company

We acted for the director of a company based in the South East of England in relation to a dispute that arose between him and one of the other directors. 

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.

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.

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.

Avoiding disputes in Family businesses

For any business litigation is an expensive and time consuming process. For small to medium sized businesses (SMEs),  where time, money and staff are at a premium, the resolution of disputes in an efficient and cost effective way is essential.

The case of the vanishing urn

A pair of listed urns went missing, getting the owner in a spot of bother. The case became the centre of a breach of planning law ending up in the Court of Appeal.

How to sell a business, part 7 of 10: What happens if it goes wrong?

This week, we look at the problems that can arise after completion of a sale.

How to safely get off the escalator

The issue of ground rents payable for leasehold properties has attracted negative publicity recently; particularly so called ‘escalator’ ground rents.  These are rents that escalate over time, for example doubling every ten years.

Staying one step ahead

The High Court has recently handed down a decision, which will be welcome news to land owners and developers alike who own sites that are at risk of trespassers from entering them.

Injunctions issued by Local Authorities – how to respond

One of the most common reasons that a local authority serves an injunction on what appears to be vacant land, is in order to prevent the unauthorised development of the land that it believes may occur, particularly on land in a sensitive location or which has a special designation

For your business - October 2018

As a firm, we take pride in being a constant in a changing world. We hope this collection of articles will be helpful and provide food for thought on a number of topics. 

The Court of Appeal has ruled that the supply of software electronically does not constitute “goods” under the Commercial Agents Regulations.

A recent case has highlighted an issue which is becoming of increasing importance, concerning when electronically supplied software should be treated as “goods” and when it should not be.    

Reducing the upfront cost and risk of litigation

Funding disputes can be a challenge. We recognise that whether bringing or defending a claim, businesses and individuals alike want to achieve positive outcomes, as cost effectively as possible.   

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.

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.

Global commodity price falls and challenges to sale contracts

Help in Securing Access to Justice

Interest Rate Hedging Disputes

The implications of the recent disruption for the freight and warehousing sectors in Kent

Will and estate planning services