Commercial Disputes

Commercial Disputes

Hailsham Chambers has an experienced team of practitioners who regularly act and advise in a full range of commercial and commercial chancery disputes, including significant, complex and high value litigation in the Chancery Division, Commercial Court, TCC and at appellate level.    

Our commercial barristers include a number of leading QCs and juniors, deploying impressive firepower at all levels of experience. Members of the commercial disputes team include some of the most sought-after barristers at the London Bar, highly regarded for their powerful advocacy, authoritative advice and focused forensic analysis.  

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Members of the team are instructed in a wide range of banking and financial services litigation including disputes relating to LIBOR manipulation, the “Quincecare” duty of care, mis-selling, breaches of the conduct of business rules, fraud matters (including cyber fraud and money laundering) and investment, tax and pension schemes. Our barristers also have particular expertise in regulatory disputes involving the Financial Conduct Authority and the Financial Ombudsman. 

Members act for and against banks and financial institutions, funds, litigation funders and regulators, including the "Big Four" and international banks.

Members of the team are often instructed in commercial fraud litigation and have been instructed in disputes brought by and against institutions, office-holders, regulated professionals, private individuals, trusts, funds and regulators, in relation to:  

  • accessorial liability (including dishonest assistance and knowing receipt)
  • asset recovery and tracing
  • bribery 
  • breach of trust and fiduciary duties
  • claims pursuant to the Financial Services and Markets Act 2000
  • cyber fraud
  • fraudulent misrepresentation
  • financial and banking fraud
  • unlawful means conspiracy

Members can obtain and resist urgent applications for injunctive and other relief, primarily freezing, search and disclosure orders and proprietary injunctions, alongside dealing with disputes with an international, cross-border or jurisdictional aspect. 

Hailsham Chambers can assist clients with all aspects of commercial chancery work, including trust claims, tracing claims, shareholder disputes, property disputes, fiduciary duties, accessorial liability claims, partnership, insolvency and civil fraud.

Such is the reputation of members of Hailsham Chambers that they have been retained in several leading and widely reported cases in the field and are frequently instructed on "big ticket" litigation.

Members of Hailsham Chambers act for and against professional and non-professional trustees and directors and are experienced in obtaining a range of orders in the High Court designed to protect the position of trustees and beneficiaries, including privacy orders, momentous decisions orders, prospective costs orders and Beddoe relief. 

Hailsham’s commercial team’s skills and experience cover all facets of commercial litigation and arbitration.The team can assist with advice and advocacy for a range of disputes especially those where quick and decisive action can secure the best commercial outcome for the parties involved. 

The members of Hailsham’s commercial team are persuasive advocates, masterful tacticians and forensic analysts. This is an indispensable and unrivalled advantage in dealing with complex and commercially critical disputes. 

Members of Hailsham Chambers are frequently instructed in company and partnership disputes. Their expertise includes the following: 

  • corporate governance and regulation
  • directors’ duties
  • derivative claims
  • directors’ disqualification and disciplinary proceedings
  • M&A disputes
  • shareholder, partnership and joint venture disputes
  • unfair prejudice petitions.

This company and partnership disputes experience is complemented by expertise in high-value and complex insolvency litigation. Hailsham’s barristers act in applications and claims brought by office-holders against former company officers, predominantly for breach of fiduciary and statutory duty, fraud, misfeasance and antecedent transactions.  This often involves involves obtaining urgent injunctive relief or providing asset tracing or recovery advice.  

Our members have experience of a wide range of construction and engineering disputes, including claims concerning construction professionals, main and specialist sub-contractors, employers and funders. Often this work includes insurance and insolvency related issues.

Members' experience includes complex, multi-party and high-value disputes including claims against architects, engineers (civil, structural and geotechnical) and design and build contractors. Our experience spans bringing and defending claims in adjudication, arbitration and the Technology and Construction Court.

Hailsham's expertise covers all lines of insurance, including disputes resulting from catastrophic events and professional liability claims. We act for insurers, brokers and policy holders advising on a wide range of coverage disputes. Members also handle claims concerning third-party liabilities and subrogated recoveries. 

Members’ experience includes directors’ and officers’ liability, professional liability, property damage, business interruption, construction, financial risk and cyber claims. Given our barristers’ expertise in commercial fraud, members are often instructed to act and advise in fraud related insurance matters, alongside other policy response issues.