Working together to create pragmatic commercial solutions
Healys’ Commercial Litigation Group are experts in dispute resolution. We resolve disputes on behalf of our clients by understanding the best means of achieving our clients’ aims. In the vast majority of cases, this will be to conclude matters as quickly and as cost effectively as possible. However, there may be other commercial considerations affecting strategy.
Our Commercial Litigation Group is a professional unit providing an excellent service. All of the Fee Earners in the Group have a high degree of technical ability which enables each of them to create commercial and pragmatic solutions.
We aim to resolve disputes on behalf of our clients as quickly and cost-effectively as possible. We always seek to provide value for money. We litigate of course but we also engage in all forms of alternative dispute resolution (ADR) and particularly mediation.
We offer a variety of different types of retainer, many of which involve us sharing with you the risk of the dispute, such as conditional and contingency fee agreements. We also offer fixed fees, capped fees and discounted fees to assist you in the management of the cost of litigation and to provide as much certainty as possible in respect of those costs.
We provide regular costs updates and work within budgets. We aim to keep our clients updated at all times and work within deadlines. We focus on and specialise in acting for small to medium sized commercial clients who require advice on complex and high-value litigation matters.
Our Dispute Resolution Team and Partner, Robert Johnson, have been recognised with a number of awards to include:
Commercial Litigation Solicitor of the Year 2017 – Finance Monthly
Commercial Litigation Solicitor of The Year 2017 – Lawyers Monthly (shortlisted)
Commercial Litigation (London) team of the year – Acquisition International
Commercial Litigation Law Firm of The Year – Lawyers Monthly (shortlisted)
Additionally, Healys Dispute Resolution team is recommended by the Legal 500 as one of the top commercial litigation practices in the UK; with Head of Dispute Resolution David Bailey and partner Nicholas Taylor both ranked as Recommended Lawyers.
Healys’ dispute resolution team is ‘very professional and always prompt to respond. ’ Team head David Bailey has vast experience in professional negligence claims against solicitors, valuers, accountants, financial advisors, wealth managers, and barristers. Nicholas Taylor specialises in media law and disputes involving public figures, representing many high profile international and celebrity clients.
A claim for fraud arising out of the dishonest diversion of business, clients and income by the Managing Director and others. The Defendants had dishonestly diverting payments and used the client’s news feed to provide services to other customers. After obtaining a Freezing Injunction against the Defendants and having settled the claim there will be a near total recovery: £3,000,000
Defending a claim pursuant to a personal guarantee and legal mortgage on the basis that the underlying contract was illegal: $350,000
Acting for a bank in a claim under a personal guarantee. The guarantor has alleged that the company was not indebted to the bank because fraudulent and/or unauthorised payments were made by it to the company’s suppliers: £150,000
Defending a claim by two investors in the company who had failed to complete an arrangement to pay £2.8m for the purchase of plant and machinery and then claimed title to the plant and machinery and its delivery up. The shareholders then commenced proceedings in Court in Kaliningrad, Russia and we liaised with our client’s Russian lawyers on issues of company law and title to goods. Our client was successful and we are now advising on potential claims against the two investors for losses arising from their failure to complete the arrangement: £2,800,000
Shareholder dispute where a principal shareholder refused to participate in the company where a shareholder agreement in effect prevented any decision regarding the running of the company to be made without the consent of the two principal shareholders, which had created deadlock. Advising on s459 and on just and equitable winding up: £6 million
Shareholder dispute arising from the ownership of a company by one shareholder which the other claimed should be a subsidiary: £10,000,000
A claim against the seller of a company for failure to disclose material information regarding the use of land and reports as part of the due diligence exercise: £5,000,000
Shareholder dispute regarding liability for payments to the group pension scheme and who should bear the shortfall under sections 75 and 75A of the Pensions Action 1995: £1,000,000 per year
Defending a claim regarding the contamination of land (phthalate and DOP contamination) that had leaked from the client’s site onto a neighbour’s land and liaising with the Environmental Agency given the presence of hazardous substances and hydrocarbons entering a local river.
A claim by a property agent for unpaid introductory commission arising from the purchase of a plot of land for £13,000,000: £195,000
Acting for a charity hospital in claims for increased patient fees from placing Care Commissioning Groups. This claim involves 12 CCG’s and a total claim in excess of £1,000,000.
Advising a hospital in relation to an attempt by the responsible CCG that the hospital should be responsible for collecting payment of future costs of prescriptions of £1,200,00 per year.
Claim against a company for breach of copyright and fraud by using our client’s test results to obtain a licence granted by a local authority (A9 approval) and against the local authority for incorrectly granting the approval.
A claim against former directors arising out of the dishonest diversion of income by selling products at cost to a separate company owned by them and then on selling the product whilst under-cutting the client on price: £750,000
A claim for the recovery of a loan made by an on-line lender fraudulently obtained by impersonation, involving pursuing the receiving bank for failure to follow anti-money laundering proceedings, resulting in a full recovery: £80,000
Acted for two shareholders against a majority shareholder, trading company and parent company in a claim to recover the shares/their value which had been acquired by the Defendants through misrepresentation, duress, undue influence and/or breach of fiduciary duties. Multi-million pound settlement achieved on the first day of trial
Acted for claimants (many on some sort of no-win no-fee basis) in professional negligence claims against solicitors, architects, surveyors, accountants and tax advisors of which 8 settled (without trial) this year in an aggregate amount of damages of about £2 million
Acted for energy supplier company in defence of claim by a competitor for the economic torts of conspiracy, inducement to breach, tortious interference and misuse of confidential information
Acted for 4 of 18 individuals/companies in defence of claims alleging fraud, misrepresentation and conspiracy in respect of multi-million pound London property developments
Acted for in excess of 100 individuals against Cypriot banks, developers and lawyers in relation to the mis-selling of property in Cyprus
Acted for 18 shipping companies in relation to disputes regarding various asset finance related agreements, guarantees and mortgage documents involving proceedings in England, South Africa, New York and Cyprus
Acted for 1 of 18 Defendants in claims for damages for conspiracy to injure by unlawful means/deceit for misrepresentations involving many jurisdictions, application contesting jurisdiction and anti suit injunction
Acted for a client in a multi-party breach of contract and competition law claim for a sum in excess of £5 million arising out of an agreement to provide advertising on the London Underground
Acted for property developers in regards to a multi-party dispute arising out of the failure on the part of a number of leaseholders to complete purchases on two blocks of flats after the “credit crunch”, involving claims for sums in excess of £2 million
In this blog post, award winning Lawyer, Partner & Head of Professional Negligence, Robert Johnson shares insights into the potential advantages in bringing a claim against a solicitor or other professional. Continue reading »
UK Recommended Lawyer & media specialist, Nicholas Taylor explores why the media have not identified the BBC’s suspended TV presenter. Continue reading »
We are pleased to announce that Robert Johnson, Partner and Head of Healys Professional Negligence, has been identified as a leader in his field and recommended for inclusion in this year’s Who’s Who Legal: Professional Negligence report. Continue reading »
In this blog post, award winning Lawyer, Partner & Head of Professional Negligence, Robert Johnson shares insights into the potential advantages in bringing a claim against a solicitor or other professional. Continue reading »
UK Recommended Lawyer & media specialist, Nicholas Taylor explores why the media have not identified the BBC’s suspended TV presenter. Continue reading »
We are pleased to announce that Robert Johnson, Partner and Head of Healys Professional Negligence, has been identified as a leader in his field and recommended for inclusion in this year’s Who’s Who Legal: Professional Negligence report. Continue reading »
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