Commercial Disputes

Capital’s team of leading lawyers work exclusively on business and commercial disputes. As the largest team in Wales, we have considerable experience of resolving significant and complex disputes for a variety of sectors, within the UK and internationally.

The Legal 500 describe us as “forerunners in the use of third party funding”.  We continue to lead the way by launching our own £50m litigation fund to use on cases within commercial disputes that we want to run. We offer clear, commercial solutions, and we back our judgement with fee arrangements based on results. Click here for more details.

“Andrew Brown’s team at Capital Law is ‘professional and able’, and has ‘an ability to unlock difficult cases through innovative thinking’.”

The Legal 500 UK.

We crack all kinds of commercial cases, but we’re particularly good at:

  • business ownership disputes

  • partnership disputes

  • We are specialist advisers in all aspects of disputes management and offer cost effective advice in relation to:

    • Adjudication
    • Arbitration
    • Litigation
    • Professional negligence
    • Mediation.
  • property disputes >

  • insolvency and debt recovery

  • We are experts in handling all types of IP disputes, including:

    • trade mark infringement claims
    • passing off claims
    • copyright infringement claims
    • UK and European registered and unregistered design right infringement claims
    • Patent Infringement claims
    • domain name disputes (including the policing and pursuit of cybersquatters and typosquatters)
    • disputes involving the theft of confidential information.

    We adopt a pragmatic and commercial to approach to all IP disputes. We regularly handle emergency injunction applications, and are equally comfortable utilising alternative and cost effective forms of dispute resolution, such as mediation.

    Our contentious IP lawyers deal with matters in a range of different forums including the UK IPO, OHIM and the Intellectual Property and Enterprise Court in London. We are also experienced in resolving domain name disputes before the World Intellectual Property Organisation (utilising their UDRP procedure).


  • judicial reviews >

  • Many businesses feel that they have become victims of interest rate swap mis-selling, suffering from crippling monthly payments under “hedge” arrangements, and feel trapped by extortionate exit costs.

    If you have been involved in a case of interest rate swap mis-selling, we will assess your claim to establish whether it’s suitable for any stage of the FCA’s scheme or court proceedings.

    For most, the FCA’s Scheme is drawing to a close, but a number of customers are dissatisfied with how it has been run and the outcomes, particularly for those with strong consequential loss claims. We can undertake a fixed fee assessment of the suitability of your claim for court proceedings and advise on merits. We will also explore options with you for funding your claim.


     

  • regulatory law >

  • injunctions

  • Whether you are contesting a Will or have concerns about how a trust or estate is being administered, our experienced team within commercial disputes will be able to assist you.

    We advise on:

    • contesting a Will (e.g. on grounds of undue influence/ lack of capacity)
    • Inheritance Act claims
    • disputes about administration of trusts and estates including claims against executors or trustees
    • professional negligence claims.

    Our team includes associate members of the Association of Contentious Trust and Probate Specialists (ACTAPS), a forum for lawyers that specialise in contentious trust and probate disputes.


     

  • misdirected CHAPS payments >

  • media law and defamation

  • a lot of clients also use our innovative debt collection service, Capital Collect >

Here are some examples within the area of commercial disputes that we’ve been involved in:

  • Successfully acting for an Employee Benefits Trust in a £100million claim against the ex-boss of Roadchef who benefitted from shares at the expense of ordinary workers
  • Acting for the British Medical Association in a judicial review test case against a health board, including obtaining an injunction to prevent closure of a Unit
  • Acting for Glyndwr University in a multi-million pound dispute with its former JV partner over the recruitment of overseas students
  • Acting for The Royal Mint on a range of contentious matters including contractual and IP disputes.
  • Acting for the developer in a substantial dispute over a £80m development agreement
  • Acting for Cardiff City FC in a £multi-million dispute with its former investors, Langston
  • Acting for a ‘Big 4’ insolvency practitioner in a £45million auditor’s negligence claim
  • Acting in a £250m planning dispute concerning the regeneration of mining sites
  • Acting in a banking case of major public interest which is currently proceeding to the Supreme Court concerning the extent of the liability of banks to its customers who have been the victim of CHAPS payment frauds
  • Acting for a Plc in a claim against one of its former directors who had defrauded it, and subsequently securing assets in multiple jurisdictions across Europe, Asia and Australia