- Contract and Commercial Disputes
- Construction and Engineering
- Term and facilities management contracts (Private and Public sector)
- Company Insolvency
- Individual Insolvency
- Professional Negligence
- Commercial Property
- Partnership
- Insurance
- Commercial Recovery
- Mediation and alternative dispute resolution (ADR)
Contact and Commercial Disputes
We are experienced in resolving complex disputes in many areas of commercial activity. These include issues relating to; commercial vehicle hire, supply, financing, restrictive covenants, insurance, shareholder disputes, breach of fiduciary duty, contract interpretation, joint venture agreements, penalties, tendering, agricultural supply, environmental, waste management, commercial recovery, transport, brokers, mistake and restitution, and jurisdiction.
Construction and Engineering
We are experienced in resolving a wide range of construction and engineering disputes.
These involve agreements relating to; specialist piping, highways maintenance, roofing, surface construction, air conditioning and cooling plant, electrical engineering plant, glazing, flooring, drainage, foundations, subsidence, landfill sites, chimneys, energy, joint venture agreements, environmental, plant and machinery, delay and disruption, architects, surveyors, engineers, adjudication, arbitration, certification and retention, and quantity surveying.
Term and facilities management contracts (Private and Public sector)
We are experienced in dealing with a wide range of term and facilities management contracts involving both Private and Public sectors. Disputes include; multi million pound contracts and include issues relating to public procurement, joint venture agreements, highways maintenance, waste management, penalties, tendering, schools, hospitals, head and regional offices, insurance and financial institutions.
Company Insolvency
We are experienced in a wide range of corporate insolvency matters for insolvency practitioners, creditors, directors and companies, including CVAs, Administrations, and liquidations. Matters have involved defended petitions, asset realisation, lease forfeiture and disclaimer, fraudulent and wrongful trading, director's disqualification, breach of directors’ duties, asset disposal, retention of title, and commercial recovery.
Recent cases include:
- Acting for a liquidator in relation to a disputed unpaid vendor’s lien and subrogatory rights concerning commercial property.
- Assigning a cause of action for the benefit of the liquidation.
- Opposing an application by a director and shareholder for the rescission of a winding up order.
- The pursuit of directors for breaches of fiduciary duties including; wrongful distributions and misappropriation of Company assets.
- Pursuing an international pharmaceutical company by way of subrogatory rights arising in a Members’ Voluntary Liquidation.
Individual Insolvency
We are experienced in a wide range of personal insolvency matters for insolvency practitioners, creditors, individuals and businesses, including Individual Voluntary Arrangements and bankruptcies. Matters include disputes relating to defended petitions, asset realisation, preference and sale at an undervalue, discharge, income payments orders, detailed examination and analysis of a debtor's circumstances, lease forfeiture and disclaimer.
Recent cases include:
- Acted for the Trustee in bankruptcy in securing a declaration and consequential orders in relation to substantial freehold land let at an undervalue.
- Payment by a third party of monies due to the bankrupt as at the date of the bankruptcy in respect of the balance of a business sale (wrongly paid post-bankruptcy to the bankrupt)
- Recovering for the Trustee in bankruptcy a substantial proportion of the proceeds of damages payable to the bankrupt in respect of a fatal accident.
- Establishing the priority of the beneficial interest of the bankruptcy estate in a property that a third party claimed a pre-emptive option to purchase.
- Advising the supervisor of a high value Individual Involuntary Arrangement in relation to claims arising from continuing litigation against the debtor and a co-defendant.
Professional Negligence
We are experienced in resolving professional negligence disputes. Disputes resolved include; claims relating to solicitors, surveyors, architects, accountants, engineers, quantity surveyors, brokers, veterinary surgeons, and financial advisors and intermediaries.
Commercial Property
We are experienced in a wide range of commercial property disputes, including those relating to dilapidation, repossession, forfeiture, commission claims, easements, leases, landlord and tenant, boundaries, and joint development, subrogation, and all insolvency situations.
Partnership
We are experienced in resolving partnership issues and disputes, in both solvent and insolvent firms. These include a variety of businesses sectors including; construction, solicitors, veterinary surgeons, and surveyors.
In particular, we recognise the sensitivity of such disputes and the need to secure an early, acceptable, resolution.
Insurance
We are experienced in dealing with a wide variety of insurance disputes, having acted both for and against insurers. These include; issues relating to policy terms, indemnity, and material non-disclosure.
Commercial Recovery
As part of our overall service to clients we offer a competitive commercial fixed rate recovery service to both local and national clients.
Mediation and alternative dispute resolution (ADR)
From the outset of being instructed we advise clients on ADR, and we continue to advise upon it throughout.
We recognise that disputes are not the core business of our clients and the necessity of resolving disputes satisfactorily as quickly and cost effectively as possible.
The directors are experienced negotiators in all situations, and are experienced in representing clients in mediation.
Peter McLoughlin is an accredited mediator with the Chartered Institute of Arbitrators and ADR Group, and is on a number of major panels