CIVIL & COMMERCIAL LITIGATION BARRISTERS

CIVIL & COMMERCIAL LITIGATION BARRISTERS

At Mercantile Barristers, we aim to provide legal solutions to meet all of our clients’ objectives. Dispute avoidance and early resolution of disputes is the first step before litigation starts and our Civil and Commercial Litigation barristers have the experience to assist in identifying and anticipating potentially contentious civil and commercial litigation issues. Our early intervention will ensure that costs are managed and contained as far as possible and that a cost/benefit analysis of any course of action is thoroughly explored.

Members at Mercantile Barristers (direct access barristers) are specialist litigators and this is enhanced by their Public Access training. A significant number are authorised by the Bar Standards Board to Conduct Litigation as such they are able to fulfil both the solicitor’s and the barrister’s function in a case. Our barristers are happy to be consulted and they regularly accept instructions directly from professionals and discerning private clients at any time; and as a general rule, we tend to handle a large number of claims with a minimum value of £100,000.

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We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

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LITIGATION PROCESS

The following listed are the five key steps in the Litigation Process.

  1. Pre-Action Protocols
  2. Drafting Court Forms
  3. Drafting Particulars of Claim
  4. Drafting A Defence
  5. Attending Court

PRE-ACTION PROTOCOLS

Pre Action Protocols are the steps you need to take before going to court. They allow correspondence between parties in order to allow time to reach a settlement if possible, or if not, provide pertinent information to each side before a claim is made. At Mercantile, our experienced practitioners are well versed in all types of civil and commercial litigation Pre Action Protocols, and will comply with them to ensure you get the best result.

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DRAFTING COURT FORMS

When litigation starts in all civil courts, it is inevitable that one of the many court forms will have to be completed. From Part 7 Claim Form N1, or Part 8 Claim Form N208 to the N244 Application Notice Forms, we are available to advise clients on what these forms mean and how and when to complete them. We have qualified and experienced civil and commercial litigation lawyers that will ensure that all your court forms and documents have been properly completed.

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DRAFTING PARTICULARS OF CLAIMS

As soon as a claim is made in the County Court or the High Court it is very likely that you will need to draft Particulars of Claim. This is a document that sets out the case the claimant is trying to make and details the evidence the claimant relies upon. Depending upon the complexity of the claim, it can be included in the Part 7 Claim Form N1 or Part 8 Claim Form N208 or served as a separate document with the Claim Form. Our barristers will ensure your case will receive all necessary attention before and after judicial proceedings commence.

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DRAFTING A DEFENCE

Once a party receives a Part 7 Claim Form N1, Part 8 Claim Form N208 or a Particulars of Claim, they are under particular time limits to defend the Claim if they do not agree with it. Much like a Particulars of Claim, a Defence is a document that sets out the case the defendant is trying to make and details the evidence the defendant relies upon. Our barristers will ensure your Defence is drafted and submitted in compliance with the procedures.

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ATTENDING COURT

Once the court forms have been filled in and the pleadings have been filed and served, the court may require the parties to attend court for interim applications or a trial of the matter at hand. We specialise in oral advocacy in courts across England and Wales and are available to advise clients on what they may expect when attending court.

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CIVIL & COMMERCIAL LITIGATION CASE EXAMPLES

AL GALI LIMITED –V- GOLD CROWN FOOD LIMITED

We were approached by a new client, the owner of a commercial food production business, and his accountant to advise on a shareholder dispute, and subsequent company breakdown. We were required to apply a forensic eye to trace missing sums of money, locate a director who had allegedly misused company money, and to help the client re-establish a new company to preserve their interest.

MONTAG INFRASTRUCTURE PRIVATE LIMITED –V- P SELLI

A client instructed us having purchased land on a holy site in India. When both the land and rental income failed to materialised, it became clear that the client had been sold the property via two affiliate companies, one of which was based in the UK and the other in India. We advised on the possibility and likelihood of success of pursuing either of the companies by way of an action in the UK.

GREENLANDS TRADING LIMITED and WALLGRAVE TRADING LIMITED –V- G PONTEARSO

Our barristers advised our client who claimed that they were improperly sold a bridging loan and asked to repay it. The client needed assistance with all the resulting ramifications including an application for possession of the client’s property. We advised the client in conference as well as provided successful representation in the High Court.

S AZIMI (1) ZAFARAN LTD (2) SHOREDITCH LOUNGE LTD (3) SHOREDITCH COTTAGE LTD (4) –V- MR S H HOSSEINI

This new client of ours was the owner of multiple entertainment establishments and found himself inexplicably barred from their premises and bank accounts by a party purporting to own the business. We were asked to advise on the merits of injunctive relief for our clients with respect to the unlawful use of their premises, which we ultimately secured.

FRIVVING LIMITED & OTHERS -V- KSEYE CAPITAL NO. 1 LIMITED & OTHERS

Our chambers were instructed to deal with a matter involving the wrong listing of several properties on the website of a leading auction house. Our clients claimed that the properties were assets of a business infrastructure, which they had financed through a series of commercial loans. An attempt was made to recall the loans for listing the properties for auction. We successfully made an ex parte application to prevent the listing of the properties and advised the clients on their refinancing options.

LONDON BOROUGH OF LEWISHAM –V- ARGYLE ESTATES

A property developer instructed us as he required representation at short notice in a Winding Up Petition in the High Court of Justice. He had been petitioned on the basis that there were outstanding debts to the petitioner. We represented him in Court and was successful in having the Winding Up Petition dismissed together with the petitioner’s application for costs.

N G WOODWARD –V- J DENT & OTHERS

Our barristers advised a new client of ours who was removed from the board of directors from a technology company he founded and was the majority shareholder. The delinquent directors had removed our client from their position without his knowledge, taken over company accounts and were situated abroad whilst improperly conducting the affairs of the company. We successfully represented our client in being fully reinstated to his position on the board and the removal of delinquent directors.

For any legal enquiry relating to Civil & Commercial Litigation, please call our clerks on +44 (0) 20 3034 0077 or send your details or email us clerks@mercantilebarristers.com

TESTIMONIALS