Case Studies

Advice, settling pleadings and representation to secure appropriate orders rectifying errors in publicly held records.

Woozle Research Limited v. The Registrar of Companies & The Treasury Solicitor

Advice, settling pleadings and representation to secure appropriate orders rectifying errors in publicly held records.

Lever Brothers & Co v. The Registrar of Companies & The Treasury Solicitor

Settling pleadings and representing a specialist brewing company in contentious insolvency proceedings.

HMRC v. Kinetica Leisure

Advising a solicitor with respect to the terms of a legal costs finance agreement and the attendant liabilities.

Kiernan v. Iceberg Client Credit

Representing a national fashion brand in a trial in opposition to excessive Non Domestic Rates Liability.

French Eye (Stratford) Limited v. London Borough of Newham

Settling pre-action correspondence and pleadings in connection with interlocutory proceedings.

Zafaran Limited v. Hosseini and others

Settling Business Sale Agreement for franchisees of a fast food restaurant.

Perfect Fried Chicken

Construction of commercial contracts; construction of performance bond guaranteeing compliance with environmental obligations

South Lanarkshire Council v. Coface SA [2016] CSIH 15

Construction of performance bond and whether bond’s condition had been satisfied by written notice

South Lanarkshire Council v. Aviva [2016] CSOH 83

Distressed hedge fund; whether dispute over debt substantial.

Professional Offshore Opportunity Fund Ltd v Daiwa Securities and Banking (Europe) plc as Custodian for KBCZAF, BVIHCV No. 6 of 2009

Proper jurisdiction for resolution of dispute over debt.

Pioneer Freight Futures Co Ltd v Worldlink Shipping, Samoa, BVIHCV Nos. 135 & 152 of 2009

Construction of loan facility agreement

Tarquin Ltd v Telltop Ltd, BVIHCV No. 279 of 2009

Effect of premature service of statutory demand vis-a-vis futures contract.

Pioneer Freight Futures Co Ltd v Map Marine Ltd, BVIHCV No. 308 of 2009

Application for relief pending appeal to Privy Council: inherent jurisdiction of Court of Appeal of the Eastern Caribbean Supreme Court to stay execution and make declaratory orders and/or grant or continue an injunction.

Cukurova Finance International Limited & anr v Alfa Telecom Turkey Limited, HCVAP 2010/18 & 2010/24

Application to set aside leave to serve claim out of the jurisdiction.

Commercial Bank-Cameroun v Nixon Financial Group Limited, BVI Civil Appeal No. 5 of 2011

Trial involving equitable tracing, knowing receipt and unjust enrichment

Relfo Ltd (in Liquidation) v Varsani, [2012] EWHC 2168 (Ch); LTL 20/7/2012

Defence to summary judgment application based on anticipatory breach of foreign exchange contract; whether to adjourn to permit defendant to adduce further evidence.

World First (UK) Limited v Chemistree Homecare Limited [2014] EWCA 2840 (QB)

Advising on professional negligence claims against solicitors in connection with residential property transactions.

Waterhouse -v- Gordons Solicitors & Armstrong Wood & Bridgman Solicitors

Advising an airline operator on claims relating to breaches of an aircraft leasing and maintenance agreement.

Transatlantic Airlines Limited -v- Air Luxor SA

Advice and representation in a multi-million pound cross-border banking claim including breaches of fiduciary duty and unauthorised transfer of shares at an undervalue.

Serbeh-Yiadom -v- Standard Bank Plc

Advising a specialist optometrist on the acquisition of an ongoing practice as a going concern including matters relating to the transfer of undertakings and non-compete agreements.

Optitech Optical Services Limited

Advice and representation of the owner of an unregistered trade mark in an intellectual property claim brought by a new entrant to the market with a similar mark. This case involved challenge to application to register a trade mark, trade mark infringement, revocation of a trade mark and passing off.

Intertransfers Incorporated & Ors -v- Intertransfer Limited & Ors

Advising a master chef of speciality cuisine on all aspect of the acquisition of prime premises and the launch of a new upmarket restaurant.

Ilha Brazil Limited – Dooshimas Kitchen, London

Advising a specialist dental surgeon on issues of ongoing professional indemnity and subsisting corporate undertakings following the management buyout of a dental surgery.

Dr. Ronaghyon -v- Whitecross Dental Care Limited

Value Adding Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

 

However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

 

Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

 

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