Commercial Litigation


Modern commercial litigation is complex, fast-moving and international. Barristers therefore need to be intelligent and pro-active. They also need to be experienced in the law and practice of different jurisdictions. New Square Chambers has expertise at all levels of call in commercial disputes in the High Court and county courts in the UK, particularly in the Chancery Division and the Commercial Court. We are also renowned for our offshore work, and have been called to the Bar in a number of different offshore jurisdictions. We have experience in arbitration in tribunals in London and abroad.

Our approach to litigation is pragmatic and flexible. We recognise the importance of working as part of a team, whether with our clients and experts, or with other members of Chambers. We offer specialist advice and advocacy at all stages of a claim.

 

Expertise

Our expertise within commercial litigation includes

  • Civil Fraud
  • Conflict of Laws/ Private International Law/ Jurisdiction
  • Contractual Disputes 
  • Professional Negligence
  • Consumer Credit
  • Intellectual Property
  • Telecommunications
  • Media / Entertainment / Sport

 

Civil Fraud

We have significant industry recognition in civil fraud, and have been instructed in some of the highest profile cases of recent times, including the Berezovsky litigation and BTA Bank v Ablyazov. We regularly seek or resist the full range of interim remedies available to litigants in fraud cases. Recent examples include Thevarajah v Riordan a case that reached the Court of Appeal arising out of the discharge of a freezing order, Re Ambow Education Holding Limited where we obtained an order for the appointment of provisional liquidators of a company from the Cayman Islands courts, together with ancillary and freezing orders; and Caldero v Beppler a high-profile shareholder dispute, where allegations of fraud and mismanagement within a Montenegrin hotel group led to the granting of freezing orders and the appointment of provisional liquidators

 

Conflict of Laws / Private International Law / Jurisdiction

We are experienced in dealing with jurisdictional and conflict of laws issues, particularly those involving non-EU defendants. Recent examples include: AK Investment Limited v Kyrgyz Mobil Tel Limited (the ‘Bitel’ litigation), a billion dollar dispute in the Isle of Man regarding the alleged misappropriation of a Kyrgyz mobile telecoms company in which the dispute as to jurisdiction was eventually decided by the Privy Council; Gudavadze v Anisimov a claim in the Commercial Court for around $1.5 billion arising out of the Berezovsky litigation, which began with an opposed application to serve the defendant in Russia; and Blue Tropic & anr v Chkhartishvili a claim in the Chancery Division for over $18 million based on the misappropriation of assets in Georgia where a protracted challenge to English jurisdiction was centred on the application of the Brussels Regulation to non-EU defendants. We are familiar with foreign legal systems, including those of Russian and former CIS states, and we are experienced both in dealing with foreign law expert witnesses and acting as experts in English and Commonwealth law where cases are proceeding abroad.

 

Contractual Disputes

We act in a wide range of contractual disputes including those involving warranties, sale of goods, share purchase agreements, shareholder agreements and joint ventures. A recent example was an arbitration between a football club and an insolvent company in relation to a contingent transfer fee to which both claimed to be entitled following the sale of a Premier League footballer.

 

Professional Negligence

Claims against solicitors and accountants are particular specialisms, and we also handle claims against surveyors, valuers, architects, engineers and financial advisers. Members act regularly for professional indemnity insurers and for lenders in property cases. Chambers have recently been involved in a series of negligence actions against promoters of tax avoidance schemes in which investors have claimed for loss of their investment.

 

Consumer Credit

Members regularly advise on consumer credit issues arising in commercial cases. Alexander Hill-Smith is the editor of Consumer Credit: Law and Practice.

 

Intellectual Property

We are one of the few commercial sets with specialist IP counsel who practice across all IP and related litigation in the Chancery Division, Patents Court, IPEC, IPO and offshore. We act in patent, trade mark, copyright and design right infringement actions, commercial litigation with technology at its centre and media, entertainment and sports law. Each of our specialists has over 20 years’ full-time practice in the field. Significant cases include Morse v Eaglemoss; Pintorex v Parax; Jules Rimet Cup Limited v The FA; Future Investments v FIFA; Crocker v Giordano; Nautech v CSS; ITV v TVCatchup and BKM v BBC.

 

Telecommunications

We have substantial experience in this area, and have acted in cases concerning communications satellite usage contracts, referrals to ICSTIS and OFCOM, premium rate contracts, domain names, including acting for BT in BT v One in a Million Limited, internet usage, website content, brand protection, terms and conditions of use of telecommunication services, and third party disclosure orders in relation to internet service providers

 

Media / Entertainment / Sport

We act for clients in music, film, television, advertising, broadcasting, print, the internet and sport including the FA and other sporting bodies, music publishing companies, literary agents; film producers, musicians and rock bands. We have substantial experience in cases involving privacy, confidential information and harassment including Sidcot School v Counsell; Gheko Films SA and Jose Frade v Michael Radford; BKM v BBC and Nautech v CSS.

 


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