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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

    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”).

    Logistics

    James Cradick represents a high profile freight forwarder and their French based liability insurers in dispute with Taiwanese forwarders arising out of an alleged claim for delayed delivery of high value computer equipment.

    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

    Adverse possession

    Lease extension

    Landlord & Tenant Act 1954 – contested terms

    Enfranchisement and keeping the garden

    Enfranchisement when directors are members of a company

    Landlord & Tenant Act 1954

    Break Notice

    Enfranchisement

    Ending assured tenancies

    Restrictive covenant enforcement

    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.

    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

    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?

    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.

    Help clients avoid painful family battles

    A shorter version of this article was published in New Model Adviser on 13 August 2012.

    Higher & further

    First featured in our latest magazine thebusiness. Longer work placements lead to ‘business ready’ graduates

    Beware - contracts can be created by email!

    By Joanne Wright, Senior Associate in Commercial Property & Development. Recent case law highlights the need to use clear and precise drafting when negotiating heads of terms or dealing with transactions to avoid creating a binding contract before you are ready. 

    Who repairs what?

    By Felicity Warran-Smith, Partner in Commercial Property & Development. This Court of Appeal decision emphasises the importance of detailed provisions specifying the respective obligations of landlord and tenant in leases of only part of a property.

    Top tips for guarantors of leases

    By Laura Harman, Solicitor in Commercial Property & Development.

  • Know How

Get in touch

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

Kamal Aggarwal clients say 'He is an excellent representative of the business and it's values: client care and professionalism. He sets the benchmark for the firm brilliantly'.

Chambers UK 2015

They're very commercially minded and very practical. Good-quality people and very professional.

Chambers UK 2015

They are particularly good at understanding what exactly we need, which gives us reassurance and confidence in them and saves on costs.

Chambers UK 2015

They have an exceptional team. I have yet to meet an individual at the firm who falls below the high standards they set themselves and provide to their clients.

Chambers UK 2015

Thomson Snell & Passmore’s team is praised for its ‘superb knowledge and business acumen’.

The Legal 500 2014

They got to understand the root of our industry and advised us on the approaches we could take.

Client in Chambers UK

Broad skill set and commercial ethos.

Chambers UK

They give you the best and worst scenarios, painting a true picture for you.

Chambers UK

An outstanding level of service.

The Legal 500

Excellent level of service‚ and ‚no-nonsense, personal‚ approach.

Chambers UK

Extremely sensible and commercially astute.

Chambers UK

Prompt, clear and effective responses.

Chambers UK

"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

I was very pleased with the due care and attention I was given in this matter.

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

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