Commercial Litigation

DaySparkes is a specialist commercial dispute resolution practice. Our lawyers have a wealth of experience of litigating complex, fast-moving, domestic and multi-jurisdictional disputes, for corporations, hedge funds and high net worth individuals.

We are proud of the results that we have been able to achieve for our clients, be it through traditional adversarial litigation or alternative forms of dispute resolution, such as mediation. We aim to provide sensible, pragmatic and commercial advice to clients with an emphasis on finding practical solutions wherever possible.

We have amassed considerable experience over the years in obtaining and defending applications for urgent interim relief, such as freezing orders, restraining injunctions, third party disclosure orders and “dawn raid” search and seizure orders. However, we are equally skilled and experienced in resolving disputes through mediation and other forms of ADR.

Our practice covers all forms of:

  • Contractual disputes
  • Commercial fraud, trust and asset tracing claims
  • Claims involving freezing injunctions, receivership orders and other forms of ancillary relief
  • Shareholder and investor disputes
  • Claims involving breaches of directors’ duties, preferences and transactions at an undervalue
  • Professional negligence claims
  • Partnership and joint venture disputes
  • Regulatory investigations
  • Claims involving the enforcement of personal guarantees
  • International arbitrations, including LMAA and ICC arbitrations

Examples of our work include:

  • Acting for an AIM-listed property investment trust in relation to a €40 million damages claim against its former advisers arising out of a substantial corporate re-structuring.
  • Acting for a prominent property developer in his defence of proceeding and a related world-wide freezing order based on fraudulent misrepresentation, deceit, breach of contract.
  • Acting for a private equity fund in its defence of proceedings arising out of a failed joint venture agreement and issuing a claim under Section 72 of the Arbitration Act 1996 for a declaration that the claimants had no jurisdiction to bring proceedings.
  • Acting for Ukrainian oil traders in their defence of arbitration proceedings and a related world-wide freezing order arising out of the alleged failure to pay for cargo.
  • Acting for a 50% shareholder in an international joint-venture company in defence of significant claims for breach of a licensing agreement for the manufacture, marketing and distribution of well-known pharmaceutical products.
  • Acting for two Latvian individuals in their defence of applications to join them to proceedings relating to worldwide freezing and receivership orders arising out of a high profile dispute involving the Latvian Shipping Company.
  • Acting for a well-known international hotelier and businessman in his defence of an application by a Kuwaiti minority shareholder to wind up an SPV property-owning company registered in Panama.
  • Acting for the representative members of a Welsh Premiership rugby club in relation to High Court proceedings against the club’s former asset holding company and its directors for the rescission of an ultra vires transfer of the club’s land and buildings and damages based on alleged breach of fiduciary duties and constructive trust.
  • Acting for the appellant company before the Lower and Upper Tier of the VAT and Duties Tribunal, in relation to a claim for the repayment of £8.6 million of input tax which had been withheld by HMRC on the basis of allegations of “Missing Trader Intra Community” fraud.
  • Acting for a defendant accused by HMRC of masterminding a £6.2 million inward duty diversion fraud in what HMRC described as a “test case” for the interpretation of the duty diversion regulations.
  • Acting for a retired barrister in the Court of Appeal in connection with a test case brought by the Legal Services Commission for the recoupment of civil legal aid payments on account.  The Law Society and Bar Council intervened in the Appeal.