What we have all been seeing during the pandemic is businesses making redundancies in order to try and survive the harsh economic downturn directly caused by COVID-19. However, what you might not have been aware of is majority shareholders using that unwe…
Our team of highly experienced and expert litigators can advise and support you, handling disputes relating to every area of our work.
The Litigation Team at Clarion is well coordinated, efficient and responsive.Legal 500 2019
Clarion offer exceptional value for money and all their billing is transparent and clear.Chambers UK 2017
They are always responsive, sensible and commercial in their advice. They are good communicators who are speedy, efficient and flexible.Chambers UK 2016
Clarion has provided a fantastic service in evaluating and progressing the litigation of several claims we have had. Simon Young has the ability to cut through the mumbo jumbo allows for the non-legal person to see the wood for the trees.James Kaberry, CEO, Pantheon Financial
The client service is awesome: it's first-class and instantaneous.Chambers UK
Examples of our areas of specialism include disputes relating to:
- Shareholders and partnerships
- Mergers and acquisitions - warranty claims
- General real estate/development agreements
- Commercial contracts
- Professional negligence - solicitors, accountants, surveyors, financial advisers, architects etc.
- Supply and distribution agreements
- Civil fraud
- Commercial Agents Regulations
- Employment contract & restrictive covenants
- Judicial reviews of decisions by public bodies
- Joint ventures
- Bribery and corruption
- Financial services
Introduction An issue which has recently received attention from the courts in the UK, and which is highly relevant to businesses engaged in arbitrations seated outside the UK, is whether a UK-based third-party witness can be compelled to give evidence i…
Certainty is in short supply for many businesses at present, but especially for those in the hospitality sector. Although restrictions related to COVID-19 are being relaxed, there is uncertainty for the hospitality sector as to when and how it will b…
In these unprecedented times, many businesses will be worried about their supply chains. Contracts that were, until very recently, capable of performance have now been impacted by the coronavirus outbreak in ways that could not have been foreseen just a f…
In our blog published on 3 March 2020, Coronavirus – the threat to business contract fulfilment and large public gatherings, we highlighted some of the emerging scenarios for example, a company which has booked a major conference venue but whose del…
The Guidance Following increasing demand, the Serious Fraud Office (‘SFO’), has recently produced its Corporate Cooperation Guidance, which sets out how businesses should cooperate with the SFO in cases of self-reporting for fraud or bribery.…
In the case of New Balance (NB) v Liverpool FC (LFC), the High Court ruled that NB fatally failed to match the terms of a rival offer from Nike for the sponsorship of LFC’s kit.
It is a natural function of a company’s board members to manage and resolve any disputes that may arise. However, following the Court of Appeal decision in WH Holding Ltd v E20 Stadium LLP  EWCA Civ 2652, businesses need to be cautious when di…
The Digital, Culture, Media and Sport Select Committee has concluded an 18-month investigation into the proliferation of disinformation and fake news on social media platforms such as Facebook and YouTube.
Legal advice privilege – High Court rules that communications between company in-house lawyer and employee are not privileged
General principles It’s well-established that legal advice privilege applies to confidential communications between lawyers and their client, in connection with obtaining or seeking legal advice, with the consequence that those communications are n…
Employers have traditionally been legally responsible for the actions of their employees, under the principle is known as vicarious liability. This principle can apply even where an employee’s actions are contrary to the instructions of the employer…
Importance of Force Majeure Clauses Force majeure clauses are an important part of many commercial contracts. They allow the parties to a contract to bring the contract to an end, or suspend performance, in limited circumstances, usually prescribed in th…
A long-awaited and important decision in a case involving Eurasian Natural Resources Corporation Ltd (ENRC) has been announced. The Court of Appeal has overturned an earlier High Court decision regarding the scope of litigation privilege, by ruling that i…
Contract Variation - avoid becoming a cropper to the heatwave when your suppliers are looking to change the deal
The global effects of the continuous high temperatures of late have been well reported in the media and at Clarion we’ve been seeing how some of our own food manufacturing clients have been suffering as a result of the heat.
If you have found your way here, then you may be one of an increasing number of individuals getting in touch with us to find out what their options are when relationships with co-shareholders/directors break down. If you are an aggrieved shareholder, then…
Negotiating damages -Wrotham Park Damages- are we ‘One Step’ closer to understanding when they are available?
The Supreme Court has recently considered the circumstances in which courts should make an award of ‘negotiating damages’, or ‘Wrotham Park’ damages as they were known before its recent decision in Morris-Garner and another -v- One…
In July 2016 I wrote a blog concerning Non-Variation clauses in light of the Court of Appeal’s decision in Globe Motors Inc v Lucas Varity Electric Steering Limited  EWCA Civ 396. The Court in that case reasoned that a contract could be v…
Having faith in your good faith when your counterparty mis-uses your confidential information and sets up a rival business….
A recent case highlights the important effect of good faith clauses, often omitted or overlooked, in agreements where there are shortcomings in the drafting of other express contractual provisions and non-compete clauses are lacking.
The recent Crown Court case of R v Skansen Interiors Limited saw the first fully contested case under the Bribery Act 2010 (the Act) in relation to the failure of a company to prevent bribery. The outcome in the Skansen case provides some practical guidan…
It is a feature of many company acquisitions that the purchaser finds at some point that it has grounds to bring a breach of warranty claim against the vendor, whether under a share purchase agreement (“SPA”) or asset purchase agreement. …
The Enterprise Act 2016 has reformed the way insurers operate and has bestowed additional rights upon policyholders. It affects every insurance policy entered into or renewed on or after Thursday 4 May 2017.
It is commonplace for shareholders to fall out with one another and when they do it sometimes leads to acrimonious shareholder disputes and expensive litigation. In the case of Re Smart Diner Group Limited, in which Clarion acted for the petitioner, the …
Clarion is here to help, but clearing up problems caused by another party can cost you a lot of time. However, you may be able to claim some of this time back from your opponent.
Pursuing financial mis-selling claims through both the Financial Ombudsman Service and the Courts...
...have your cake and eat it or simply have your cake…?
Most companies will hold confidential and sensitive information on behalf of themselves and their clients.
Two recent European Court of Justice (ECJ) decisions have again shown that the Court is willing to interpret legislation covering Legal Expenses Insurance (LEI) broadly and to uphold the rights of an insured party to choose their own legal representatives
When Elgar, composed what became known as the ‘Enigma Variations’ over 100 years ago, the variations and the theme of the composition posed an enigma for Elgar’s audience which still survives today.
We are often asked “what does the litigation process actually involve”? To the majority it is seen as a daunting and complicated process.
Court of Appeal guidance on when it is reasonable to oppose time extensions and impose cost sanctions in litigation.
Whether you’re a big fish or a bright new start up, you can expect the same high level of service at Clarion. We are real ‘people people’ and we like to get to know our clients personally from day one.
Warning for Invoice Finance Providers – The Importance of Checking Dispute Resolution Clauses in underlying contracts
The Courts have issued a further warning that when reviewing fundamental contracts you should always check and consider the dispute resolution clauses as these can delay and increase the costs of recovering debts.
In April 2013, the Government brought in reforms to civil litigation funding and costs in England and Wales. These reforms concerned the way that civil cases are funded, and the costs involved in bringing those cases.
Clarion have teamed up with a third party funder to provide our clients with access to no risk litigation funding for appropriate cases.
Mitchell v Newsgroup Newspapers Limited  EWCA Civ 1537 concerned a libel action by former government minister, Andrew Mitchell against The Sun newspaper.
A recent Court of Appeal decision provides an insight into the benefits of making well formulated offers of settlement.
A unanimous ruling in Clark & Anr and In Focus Asset Management and Tax Solutions Ltd and the Financial Ombudsman Services by the Court of Appeal effectively prevents a claimant from bringing Court proceedings to pursue a claim, the subject matter o…
The Jackson reforms came into force on 1 April 2013 and over seven months later are still the hot topic on every litigator’s lips.
In my last blog, I was looking at the ways in which you can try and force an opponent to mediate.
Following on from my previous blog where I briefly looked at the costs sanctions that the Court can impose when a party does not respond to an invitation to mediate, are there any steps that you can take to ‘gently’ persuade an opponent to mediate?
In one high value and complex commercial case I am dealing with the other side recently proposed a mediation and I responded by proposing the names of 3 individuals who I considered would be suitable mediators for the dispute.
In May 2013 Mr Justice Coulson gave judgment in the High Court in the case of Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited  EWHC 1191 (TCC). This case is not unusual, but demonstrates the power of exclusion clauses in comme
A recent decision by the Court of Appeal has dismissed the appeal of Mr Green and Mr Rowley against the Royal Bank of Scotland for the mis-selling of an interest rate hedging product. But what does the decision mean for existing and future claims?
The term ‘Interest rate hedging product’ refers to a number of financial products which have as one of their object the management of exposure to interest rate fluctuations.
In the case of Rossetti Marketing Limited & Another v Diamond Sofa Company Limited  EWCA Civ 1021, the Court of Appeal discussed some important questions affecting commercial agents and their principals, as well as other agents.
Changes in Litigation Funding – ATE Insurance Premiums no longer recoverable after 1 April 2013 – the time to act is now
Current rules Special insurance policies exist to cover an adverse legal costs award, which may be available even if the dispute has already arisen. This is known as “after the event” insurance and it is intended to provide cover in the event…
Expert Evidence – can a party faced with an unfavourable single joint expert’s report rely on alternative expert evidence?
The High Court’s decision in Bulic v Harwoods and others  EWHC 3657 (QB) provides useful guidance as to when the Court will grant a party’s application for permission to rely on alternative expert evidence, in circumstances where a single joint expe
It has been reported in the press that on Friday 13 May 2011 actress Sienna Miller accepted £100,000.00 in compensation from the News of the World after the News of the World accepted unconditional liability for her phone–hacking claims. Som…
On 30 March 2011 the Supreme Court handed down a landmark judgment in the case of Jones v Kaney [2011 UKSC 13] abolishing the immunity from being sued for breach of duty (whether in contract or in negligence) that expert witnesses have previously enjoye…
In contested litigation, litigants are sometimes unhappy at the conduct not only of their opponent, but of their opponent’s solicitors. Improper conduct by a party or its solicitors can result in an Order against them to pay the costs which …
In times of recession the scenario where a solicitor, or other professional such as an accountant, advises on a transaction which later turns bad is unfortunately a common one. If the professional has been negligent in his advice about the transac…
Volcanic ash clouds stopping all air travel sounds like something out of a science fiction novel, but it has very real consequences for any business relying on international travel or dispatching or receiving goods by air freight.
The case of Pickthall v Hill Dickinson (1) and Martindale (2)  EWCA Civ 543 was appealed by the appellant, Hill Dickinson Solicitors, on the question of whether a claim commenced against them by the respondent, Pickthall, should not be struck out as…
Highly rated and experienced commercial litigator David Williams has joined Clarion from Walker Morris as a partner in its 11-strong commercial litigation and arbitration practice. With more than 30 years’ experience, David spent 22 years as a part…
Clarion’s expanding commercial dispute practice has seen further growth with the appointment of another new recruit, Kayleigh Fantoni, who joins as an associate solicitor with five years’ post qualification experience. Kayleigh graduated from…
We have once again been recognised in national awards having been chosen to represent Yorkshire in two categories of the prestigious Legal 500 UK 2017 Awards.
Lawyers at Leeds based law firm Clarion have successfully defeated a £3.3m High Court claim issued last year against the British Racing Drivers’ Club (BRDC), owners of Silverstone Circuits Limited.
Congratulations to Fiona Marr and Dominic Blakeley.
Dominic Higham has become the latest addition to Clarion’s growing dispute resolution team which now boasts three partners.
Clarion continues to win compensation for clients who have significant interest rate hedging product claims but the situation is not so rosy for those who have not sought legal advice.
Dominic Blakeley has joined Clarion as an associate in its growing dispute resolution practice.