Commercial & Business Disputes

Ten Old Square’s members have very substantial experience of litigating a broad range of commercial and business disputes, aiming to secure the best possible outcomes for our clients through well planned and executed litigation strategy. We are used to dealing with cross-border disputes and cases involving foreign law.

We are sensitive to the commercial realities faced by our clients and provide practical and solution-focused advice, whilst advocating fearlessly to advance our clients’ interests and achieve their aims. In doing so, our members are able to draw upon our significant expertise in related areas of law, including in resolving these matters via Arbitration and, where appropriate, mediation. Members are regularly instructed in cases in all parts of the Business and Property Courts, and the Commercial Court.

Contact Us

For more information or to instruct our barristers, please contact our clerks.

Call:: +44 (0)20 7405 0758
Email:: clerks@tenoldsquare.com

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Company Law

Our members are experts in company law matters, from incorporation and operation through to dispute resolution and dissolution. Our interdisciplinary expertise, particularly in Commercial & Business Disputes, Partnerships & LLPs, Civil Fraud and Asset Recovery and Insolvency means that we are instructed in high-value and complex cases in a wide variety of fields, from music companies to Fintech firms.

Our company work includes:

Shareholder disputes, including unfair prejudice petitions and derivative actions (both double and triple derivative actions);
Issues relating to the conduct and authority of directors, including nominee, de facto and shadow directors;
Breaches of directors’ duties;
Claims arising from distributions and/or dividends;
Share valuation disputes, including those arising from Trusts & Estates and in Wills;
Trust-owned companies;
Joint ventures;
Advising on the formation and operation of companies; and
Advising in relation to issues arising in transactional work, including provisions of Articles of Association and Shareholders’ Agreements.

Civil Fraud & Asset Recovery

Our members have significant expertise in the pursuit and defence of civil fraud claims, arising in both commercial and non-commercial contexts and involving multiple parties, giving rise to causes of action in the tort of conspiracy, dishonest assistance and knowing receipt.

We are able to draw upon our expertise in trusts and fiduciary principles to help establish claims and recover assets, both against wrongdoers and third parties. We have particular expertise in claims involving defaulting trustees, directors and other fiduciaries, including Court of Protection appointed deputies and attorneys acting under a lasting power of attorney.

Our work in this area often overlaps with other areas of expertise, particularly Partnership & LLP Law, Commercial and Business Disputes, Insolvency, Company law and Trusts & Estates.

Our Civil Fraud and Asset Recovery work includes:

Applications for urgent injunctions, typically worldwide and domestic freezing and proprietary injunctions together with ancillary disclosure applications;
Applications for freezing orders against third parties pursuant to the ‘Chabra’ jurisdiction;
Advising in relation to pre-action investigations;
Pre-action disclosure applications;
Norwich Pharmacal and non-party disclosure applications;
Tracing and the recovery of assets;
Contempt applications, typically arising out of breaches of freezing and related orders; and
Claims against third parties, particularly economic torts including dishonest assistance and knowing receipt.