Commercial Disputes

“Radcliffe Chambers has a number of fine performers on its books.” Commercial Chancery section, Chambers UK

Members of Chambers advise and appear in a wide range of commercial disputes in the Queen’s Bench Division, including the Commercial and Mercantile Courts, and the Technology and Construction Court, the Chancery Division and on appeal. We are also instructed in domestic and international arbitrations (institutional and ad hoc), court and arbitral proceedings in foreign jurisdictions, and to represent the interests of clients engaged in mediation and other forms of ADR.

Emergencies require urgent responses and we are experienced in obtaining injunctions and other interim orders (often in the context of fraud and asset recovery) at very short notice.

Much of our work is international in nature and we are well versed in questions of choice of law and jurisdiction as well as enforcement, at home and abroad.

In our commercial work we are also able to draw from a broad base of experience in other areas of Chambers’ expertise, including company and insolvency, equity and trusts, partnership and joint ventures and property.

Publications

y David di Mambro is Senior Contributing Editor to The Civil Court Practice 2015 (The Green Book)

y Piers Feltham is an editor of Spencer Bower on Estoppel by Representation (Lexis Nexis)

y Shantanu Majumdar and Peter Dodge are editors of the Insolvency Chapter in Butterworth’s Civil Court Precedents (Lexis Nexis)

y David di Mambro is the Editor in Chief of the Law of Limitation (Bloomsbury)

y David di Mambro is the Editor of Caribbean Civil Court Practice

Cases of NoteAIB v Redler [2014] UKSC 58 - Solicitors’ liability for breach of trust in security transaction (Jeremy Cousins QC)

Exsus Travel Ltd & Others v Turner [2014] EWCA Civ 1331 – claim against a financial director for an account of his dealings with the claimant companies’ money (Dov Ohrenstein)

Ribaroff v Williams [2014] Bda LR 12 - stay on the grounds of a breach of the civil procedure rule requiring the joinder of joint obligors (Martin Ouwehand)

Abouray v Sigmund [2014] EWHC 277 (Ch) - whether minority shareholder allowed to continue an action as a derivative claim (David di Mambro, Henry Day)

Good v Onsette Limited [2013] EWHC 3447 (Ch) – entitlement to beneficial ownership of shares in and dividend declared by mining/overseas exploration company (Simon Williams)

Philip Hanby Limited v Andrew Clarke [2013] EWCA Civ 647 – Court of Appeal’s residual jurisdiction under s16 of the Senior Courts Act 1981 (Shantanu Majumdar)

SOCA v Szepietowski [2013] UKSC 65 – the limits of the equitable doctrine of marshalling (Kate Selway)

HMRC v Ben Nevis (Holdings) Ltd [2013] EWCA Civ 578 - claim for unpaid South African tax from two offshore companies (Mark Fell)

Osonnaya v Queen Mary, University of London (2013) All ER (D) 87 (Sep) - fraud claim against a former employee (Christopher Boardman)

Morris Homes (West Midlands) Ltd v Keay [2013] EWHC 932 (TCC) - Arbitration award appeal permission on interpretation issue as to requirement to use best endeavours and due diligence (Jeremy Cousins QC)

“Excellence and expertise” Chambers UK

Radcliffe Chambers11 New Square, Lincoln’s InnLondon WC2A 3QBclerks@radcliffechambers.com

Tel 020 7831 0081Fax 020 7405 2560DX 319 Londonwww.radcliffechambers.com

Davies v AIB Group (UK) Plc [2012] EWHC 2178 (Ch) - Undue influence in banking transaction; significance of solicitor’s involvement; wife estopped by contract from disputing liability in transaction; subrogation in respect of earlier securities (Jeremy Cousins QC)

ASES Havacilik Servis Ve Destek Hizmetleri A.S. v Delkor UK Ltd [2012] EWHC 3518 (Comm) – Turkish party’s challenge to jurisdiction of an English arbitrator under s 67 of the Arbitration Act 1996 (Shantanu Majumdar)

Moyes & Co (UK) Ltd v Northern Gulf Petroleum Holdings Ltd [2012] Bda LR 77 - strike out of claim in damages (Martin Ouwehand)

Favor Easy Management v Wu [2012] EWCA Civ 1464 –ownership of bearer share in Seychelles company (Ulick Staunton)

International Leisure Ltd v First National Trustee Co UK Ltd [2012] EWHC 1971 (Ch) – whether “no reflective loss” rule extends to claims by secured creditors (Ulick Staunton)

OFT v Ashbourne Management Services Ltd [2011] EWHC 1237 (Ch) - Meaning of credit; fairness of terms, penalties (Jeremy Cousins QC)

Immingham Storage Co Ltd v Clear Plc [2011] EWCA Civ 89 – fuel supply; contract formation; offer and acceptance (Dov Ohrenstein)

United Vending Ltd v Desai [2011] EWHC 919 (QB) – assignment, administration, bailment (Dov Ohrenstein)

Wollenberg v Casinos Austria [2011] EWHC 103 (Ch) - issues concerning the interpretation of contracts, implied terms, estoppel and equitable duties (Christopher Boardman)

Cube Lighting v Afcon Electra [2011] EWHC 2565 (Ch): a jurisdiction application by the Romanian subsidiary of an Israeli listed company; interpretation of the EC Regulation and the requirements for a valid jurisdiction agreement (Christopher Boardman)

Dyson Technology Ltd v Curtis [2010] EWHC 3289 (Ch) – knowing receipt and dishonest assistance (Peter Dodge)

Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161 – construction of financial services contracts (Nathan Wells)

Také Ltd v BSM Marketing Ltd & Anr [2009] EWCA Civ 45 - assessment of damages for an agent’s breach of fiduciary duty; the correct approach to determining damages for loss of a chance (Reuben Comiskey)

Peekay Intermark Limited v Australia and New Zealand Banking Group Ltd [2006] EWCA Civ 386 – derivatives (GKOs); misrepresentation; Russian 1998 debt default; modern ambit of the doctrine of contractual estoppel (Shantanu Majumdar)

Weir v. Secretary of State for Transport (No.1) [2005] EWHC 812 (Ch); (No.2) [2005] EWHC 2192 (Ch) – the Railtrack litigation; administration order; misfeasance in public office; costs capping orders (Keith Rowley QC, Mark West)

RWE Nukem Ltd. v AEA Technology Plc [2005] EWCA Civ 1192 – breach of warranty claims arising out of sale of nuclear power decommissioning business (Keith Rowley QC)

Pearce v Elecheck (EST) Ltd [2005] EWHC 3187, and 3044 (Ch) – breach of confidentiality, infringement of copyright and database right (David di Mambro)

Lloyds TSB Bank plc v Hayward [2005] EWCA Civ 466 – guarantee; discharge for variation of contract with principal debtor (David di Mambro)

Banking and Financial Services Charities Commercial Disputes Company Consumer Credit Court of Protection Insolvency Partnership and Joint Ventures Pensions Professional Liability Property Tax Trusts Wills and Estates Mediation and Arbitration International

Malcolm Waters QCJeremy Cousins QCKeith Rowley QCRobert Pearce QCDavid di MambroGordon NurseMichael HeywoodStephen ActonUlick StauntonSimon WilliamsTina Kyriakides Piers FelthamHoward SmithMark WestAdam DeacockPeter Dodge

Shantanu MajumdarMarie-Claire BleasdaleDov OhrensteinChristopher BoardmanKate SelwayDouglas KeelWilliam MoffettNathan WellsGary LidingtonReuben ComiskeyMartin OuwehandTom BeasleySteven BarrettChristopher BuckleyMark FellEdward Hicks

Wendy MathersDawn McCambleyNatalie BrownDaniel BurtonHenry DayNicholas MacklamJonathan Edwards

Areas of Expertise Members of Chambers practising in this area of law