Commercial Litigation

 

Modern commercial litigation is complex, fast-moving and international. Barristers therefore need to be intelligent and pro-active, and experienced in the law and practice of different jurisdictions. New Square Chambers has expertise at all levels of call in commercial disputes in the County Court, High Court, and appellate courts in the UK. We are also renowned for our offshore work, with a number of members having been called to the Bar in  offshore jurisdictions.

Our members fully understand that proceeding to trial is not always the most attractive option, and are well used to acting on behalf of clients in mediations and arbitrations, in the UK 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:

  • Conflict of Laws/ Private International Law/ Jurisdiction;
  • Contractual disputes; 
  • Banking and finance, including ABL;
  • Professional Negligence; and
  • Consumer Credit.

 

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, and Blue Tropic 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.

 

Banking and Finance

Our members are instructed by lenders and individuals in banking and finance matters, and have experience of claims arising out of guarantees, debentures, mortgages, and ABL arrangements (including factoring and invoice discounting). 

 

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.