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Project Managing Large Disputes
 

We list below a summary of the core services that we deliver, together with a list of the different dispute resolution mechanisms used. For example case histories please click on the links below.
 

 Commercial disputes
Contractual and trade disputes
Product liability
Partner or shareholder disputes
IP/IT/E-business disputes
Defamation
Insolvency and commercial fraud
Tax Investigations
Duty Investigations
Regulatory matters
Sports Law
Jurisdictional Issues
Construction Disputes
Professional Negligence
Licensing
Property Litigation
Engineering
Enquiries
Insurance
National courts and tribunals
Mediation
Alternative Dispute Resolution
 
For more information on any of the services provided by the Commercial Disputes department, please contact Clive Lee at clee@rawlisonbutler.com.





Commercial disputes

Acting for major travel portal client in respect of issues arising out of major outsourcing contract and the successful resolution of those issues.

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Contractual and trade disputes

Advising UK motor vehicle distributor on contractual liability of parties responsible for unfair distribution at work following contract renewal procedures. Acting for major plc client within the automotive sector in respect of claims arising out of high profile motor racing agreement with top "racer" and alleged breach of IPR of well-known US rock band. Acting for purchaser of financial services company in relation to alleged breach of sale agreement, including issues as to authenticity of alleged sale agreement documentation.

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Product liability

Continuing to act for the UK and European based subsidiaries of a major multi-national corporation involved in the worldwide production and sale of machinery in relation to various product liability claims in the English High Court arising out of power plant and marine application. Advising multinational corporation on cross-jurisdictional issues in relation to control and management of potential product liability issue, including managing and instructing local law firms within international network. Advising corporation and reporting upon key product liability issues in respect of proposed management buy out.

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Partner or shareholder disputes

Representing technology company in respect of threatened minority shareholder action upon exclusion of a founding shareholder from management. Acting for Ireland/USA based international manufacturer (in co-operation with New York based lawyers) in respect of shareholder dispute with UK based insolvent company including representing interests in contested insolvency and in respect of purchase of assets from Liquidator. Acting for purchaser of financial services company in relation to pre-emptive action and procedures available under UK company law in relation to potential minority shareholder actions.

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IP/IT/E-business disputes

Advising an English subsidiary of a US corporation on infringement of trade marks/passing off in relation to URL’s and metatags in respect of internet sales of mobile phone entertainment products. Acting for a US based Software Corporation in relation to the litigation surrounding its purchase and control of the UK based division of a rival competitor corporation based in the United States (in the context of a dispute in the USA over the proposed merger of the two corporations). Advising an internet based insurance company in relation to a dispute concerning domain name ownership. Advising on disputes arising from contracts for the setting up of commercial web sites, ownership of internet codes and copyright in web site designs.

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Defamation

Representing individual Managing Director and major shareholder in respect of damaging defamatory statements made by the new management appointed by the purchaser, in relation to alleged breaches of warranties given by the vendors, in support of the sale of a manufacturing company, within the industry sector to which the client intended to return. Successfully resolved as part of overall settlement.

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Insolvency and commercial fraud

Advising a major creditor of BCCI concerning the settlement of all claims and cross claims within the Liquidators, issuing detailed cross-border procedures for approving and adjudicating on the process. Extensive experience in advising insolvency practitioners on the investigation and tracing of assets, recovery and disposal, the enforcement of security and property issues. Providing practical advice to companies and individuals on company restructuring and voluntary arrangements and the sale of assets.

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Tax Investigations

Acting for UK based Director/shareholders and foreign based majority shareholders in relation to tax investigation by Special Compliance Office in respect of alleged false accounting /corporation issues, including pursuant to Hansard procedure.

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Duty Investigations

Continuing to act and advise the European subsidiaries of a major Japanese based manufacturer of broadcast television camera systems in relation to anti-dumping issues. Successful representation of major automobile distributors/manufacturers in relation to disputes over applicability of preferential rates of import duty exigible upon vehicles imported into the E.U.

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Regulatory matters

Successfully acting for a number of company directors in proceedings brought by the DTI under CDDA 1986, including applications to continue as directors under S.17 CDDA hot line complaint/report made against disqualified director in respect of alleged breach of Disqualification order.

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Jurisdictional Issues

Liaising with major US firm advising on jurisdictional issues in relation to potential action on behalf of EU based importers against foreign (non EU) government for breach of warranty in relation to preferential duty. Advising ex-UK EU based Claimants on jurisdictional claims/strategies in relation to proceedings against parties based in the UK and various UK dependencies worldwide in relation to alleged warranties given by ex-EU based Defendants.

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Construction Disputes

Acting for a number of new clients within the construction industry sector in respect of contractual disputes/adjudications, including for both contractors and sub-contractors involved in ground works and similar sub-contract works. Representing residential developers in defence of injunction brought in respect of construction of foundations by adjacent residents. Acting for a Dutch based international engineering/construction company on an adjudication concerning a major contract for the construction of a national chain of petrol stations. Advising a number of other commercial clients in relation to JCT contracts and adjudication. Advising consultant designers in respect of design liability issues, including in relation to insurance cover and terms of collateral warranty documentation.

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Professional Negligence

Various professional negligence instructions including; acting for beneficiaries in respect of alleged negligent administration of estate by solicitors overcharging, loss of tax reliefs and inordinate delay in winding up estate.

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Licensing

Acting for a national chain of health clubs on the application for and renewal of club licences.

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Property Litigation

Acting for the owners of a large chain of licensed premises throughout the South-East on a number of commercial repossessions. Advising commercial landlords and tenants in relation to forfeiture of leases, distress for rent, dilapidations claims, leasehold renewal, leasehold enfranchisement and related issues. Representing trust in relation to claims by and against the trust under a chain of indemnities in respect of hydrocarbon contamination of petrol station premises converted to residential use.

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Engineering

Acting for international engineering company in respect of claim for negligent maintenance brought by site owner at electricity plant (Technology and Construction Court). Acting for contractor in respect of contractual dispute (subject to ICC arbitration) in relation to variations in soil conditions revealed in the course of construction of a power station leading to additional costs and time being incurred in amendments to foundations in respect of off shore construction project.

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Enquiries

Representing international manufacturing company in respect of its appearance at a national railway enquiry to provide expert evidence in relation to rail safety features.

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Insurance

Negotiating successful settlement in respect of a claim on behalf of a firm of surveyors against professional indemnity insurers at Lloyds of London for their alleged unlawful avoidance of the claimant's RICS professional indemnity policy. Resolving dispute between engineering company and insurer concerning policy interpretation and material non-disclosure. Advising upon the adequacy and likely effect of insurance cover for an extraordinary construction contract involving long term performance warranties undertaken by a potential target company in relation to a corporate acquisition transaction.

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National courts and tribunals

Successfully defending claim against French engineering company brought by plc in respect of supply of goods. Trial 2003 in Technology and Construction court - indemnity costs awarded in client's favour.

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Mediation

Successful initiation and negotiation of 6 party mediation of long running claim for contamination of petrol station site redeveloped for residential use, including chain of indemnity claims and misrepresentation counterclaim brought by 5 successive owners between themselves as well as the principal claim brought by adjacent residents. Private mediations run directly through the firm (details confidential).

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Alternative Dispute Resolution

Acting for national developer in respect of dispute concerning the application of the RICS code, referred to RICS for expert determination - final and binding determination made in client's favour.

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Sports law

Acting for Brazilian premier league football club in relation to High Court action in respect of transfer of player to a leading UK premier league team. Advising a leading European football club on contentious insolvency issues surrounding the performance of contractual obligations relating to transfer of player to premier league team. Advising leading automotive manufacturer in relation to contractual disputes relating to its international works team. Mediation of a contractual dispute involving a leading international motor racing driver.

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