Dispute resolution

The dispute resolution group at Blake Morgan, with more than 120 fee earners, is one of 11 National Leaders outside London (Chambers and Partners 2018) in the UK, and includes a highly regarded, directory- ranked London team that carries out the full spectrum of City work. The group acts on disputes in the courts and in arbitration for international, national and regional clients. Our considerable regional presence, together with the London team, provides the group with the strength and depth to act on the most complex and significant of contentious problems.

Main areas of practice 

We have a large number of specialists, many of whom are regarded by the independent directories as leaders in their field.  We also provide a mediation service. Experienced in all types of commercial and contract disputes, the group has specialisms in the following areas:

Arbitration

Corporate and shareholder disputes Privy Council  
Banking and finance disputes Defamation and reputation management Product liability
Business support and insolvency Employment disputes
Professional negligence 
City and International commercial litigation

Franchising disputes

Property litigation
Civil fraud and asset recovery Intellectual property disputes Public law
Commercial agents Judicial reviews Public procurement Litigation
Company disputes Partnership disputes

 

Social housing 

Construction and engineering disputes

Pensions disputes 

Will and inheritance disputes
Please see a full list of links below in Related Expertise.

Clients 

We work with national and international corporations, government departments, regulators, financial institutions, individuals, partnerships and owner managed businesses. Clients for whom we have acted include:

Alcatel Principality Building Society Solicitors Regulatory Authority NHS England
AXA Insurance plc IBM Tinopolis plc Kerry Group
DHL NHS Shared Services Partnership University of South Wales  
  Personal Hygiene Services Ltd. Welsh Government  

Significant experience 

Examples of cases in which we have recently acted include:

  • Acting for a borrower claimant against Bank of Scotland Plc in an interest rate swap mis-selling  claim.  On appeal to the Court of Appeal. Marz Limited v Bank of Scotland Plc [2017] EWHC 3618 (Ch)).
  • Acting for Russian businessman and BVI company in Commercial Court claim arising out of alleged misappropriation of substantial production business in Russia. Alexey Bazhanov & Ors v Arkadiy Fosman & Ors [2017] EWHC 3404 (Comm)
  • Acting for the respondent in its successful defence of unfair prejudice petition in trial heard over 7 days. Watchstone Group Plc v Quob Park Estate Ltd & Ors - [2017] EWHC 2621 (Ch),
  • Acting for Georgian businessman Ivane Chkhartishvili in his successful challenge in the Court of Appeal, part of the global Blue Tropic litigation relating to the estate of the late Georgian billionaire Arkady "Badri" Patarkatsishvili, one of the largest estate battles in legal history.  This case centred around ownership of a number of assets in Georgia, including some high profile real estate and various companies. Blue Tropic Ltd & Anor v Chkhartishvili [2016] EWCA Civ 816 and [2016] EWCA Civ 1259.
  • Acting for the 7 Health Boards in Wales to successfully defeat a challenge to their interpretation of section 49 Health and Social Care Act 2001 brought by 11 care home providers, supported by 21 local authorities in Wales. The Court of Appeal agreed that Health Boards are responsible only for the cost of nursing care, rather than personal or social care which might, on occasions, be delivered by a Registered Nurse. The decision has saved the NHS in England and Wales an estimated £250 million per annum. R(Forge Care Homes) v Cardiff and Vale University Health Board [2016] EWCA Civ 26
  • Successfully acting for NHS England in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013. The case concerned an application for Judicial Review of a decision by NHS England not to contract with a provider for an interim period pending a national review and procurement of the service in question. Damages were also claimed under the Human Rights Act 1998. R (on the application of) v National Health Service Commissioning Board and another [2015] EWHC 3752
  • Acting for King Edward VI College in the Court of Appeal in successfully resisting a challenge by three teachers, sponsored by the NASUWT, who alleged that too much had been deducted from their pay  by way of strike pay.  The case involved a detailed consideration of the individual terms of employment [ as contained in “ the Red Book"] and the effect of the Apportionment Act  1870 on contracts of employment. Hartley & Others v King Edward VI College [2015] EWCA Civ 455
  • Acting for Peter Symonds College in its successful defence of a High Court claim, sponsored by the NUT, concerning the correct deduction from pay for strike action. Amey V Peter Symonds College [2013] EWHC 2788 
  • Acting for IBM United Kingdom Ltd in successfully defending a claim by the London Borough of Southwark concerning the supply and implementation of an MDM system, which Southwark alleged was not of satisfactory quality and unfit for purpose. Southwark London Borough Council v IBM Uk ltd [2011] EWHC 549 (TCC) QBD
  • Acting in a series of connected claims relating to a substantial tax fraud. The cases have required UK freezing injunctions and protective proceedings awards. To date over £8m has been recovered from banks in the UK and in Curacao in the Caribbean. 
  • Acting for a US-based investment fund on the purchase of subordinated loan notes in a foreign retail bank for in excess of 25 million euros. Advising the investment group on claims against the directors and officers of the bank for misrepresentation and breach of statutory duty and claims against the auditors for negligent misstatement
  • Acting for an Eire Partnership and Isle of Man companies in a claim for 43 million Euros against multiple defendants in the UK and elsewhere, including multi- jurisdictional proceedings, obtaining a worldwide freezing order and advising on the validity of a suite of detailed loan documentation.
  • Advising an NHS CCG on a complex dispute with a national private health company relating to a £450m contract for community health services.
  • Advising a regional police authority on a high value procurement and contractual dispute (that has national implications) with one of the leading mobile telephone companies.
  • Acting for a supplier in a substantial claim for breach of contract against an agro-industrial company operating in France and the rest of Europe.
  • Acting for the Representative Beneficiary in a Beddoe application concerning a professional negligence claim against solicitors relating to equalisation advice.
  • Acting for a software house in relation to the development of bespoke facilities management software and defending a claim by the end user that the software did not have the requisite functionality, contained several "showstopper" bugs and that the code was late in delivery.
  • Acting in a number of multi-party product liability disputes, all concerning the supply of defective goods which then contaminated other products in the supply chain.

Regional contacts

Chris Potts- Thames Valley

Sarah Rees- London

Paul Caldicott- Wales

Jill Bainbridge - South Coast

Related expertise

Main contacts

Related Knowledge & Resources

It pays to have good faith in commercial contracts

News

The High Court has recently provided guidance on a good faith clause in a contract with respect to a claim involving the use of a contracting party's data in the context of establishing a competing business.

Recent Supreme Court decision: Tiuta International Ltd (in Liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77

News

In this recent decision, the Supreme Court considered the proper approach to the quantum of damages in professional negligence refinance cases.

A timely reminder on requests to amend a claim

News

In a recent case, the High Court has confirmed the law in relation to a request for a late amendment to a claim. The main point to take away is that if an amendment is crucial to your case – it is best not to leave it until 'the 11th hour'.

Court of Appeal examines the rule against reflective loss in Marex

Carlos Sevilleja Garcia v Marex Financial Limited [2018] EWCA Civ 1468 - Court of Appeal considers the rule against reflective loss and the scope of the Giles v Rhind exception.

Strengthening of IP rights in China

A Blake Morgan blog exploring the strengthening of IP rights in China.

Director's Remuneration as Misfeasance?

Top 50 UK law firm Blake Morgan blogs about a case whereby The High Court has recently handed down judgment that required it to consider whether directors of a company, who did not have an employment contract, service contract,

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft them carefully can leave both employer and employee in limbo.

Access to Court documents by an Interested Non-Party

A High Court master has recently given extensive guidance in the case of Dring v Cape Distribution Ltd and others [2017] on the right of an interested non-party to access court documents.

Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction

A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have.

Cosmetic Warriors and Lush Cosmetics – the construction of pre-emption rights

The recent decision in the case of Cosmetic Warriors Ltd & Anor v Gerrie [2017] EWCA Civ 324 dealt with the correct construction of shareholders' pre-emption rights.

PAG Management Services – abuse of insolvency law justified winding up in public interest

PAG Management Services Limited (“PAG”) were wound up under an application by the Secretary of State (“SoS”) in the case of PAG Management Services Limited [2015] EWHC 2404 (Ch) on the grounds of public interest.

A Football Club

We assisted a football club with the recovery of training compensation.