Commercial & Business Disputes

Both Ten Old Square and its members are regularly recommended for their expertise in representing clients in commercial and business disputes. We have substantial experience of litigating a broad range of business disputes, aiming to secure the best possible outcomes for our clients through well planned and executed litigation strategies.

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 resolving these matters via Arbitration and, where appropriate, mediation.

Particular areas of expertise include:

• Contractual disputes
• Claims in restitution and unjust enrichment
• Partnership and LLP matters
• Claims for breach of fiduciary duties;
• Disputes involving company directors, including shadow directors;
• Joint ventures
• Civil fraud and asset
• Company and shareholder disputes, including unfair prejudice petitions
• Insolvency (corporate and personal
• Trust owned or controlled companies.

Company Law

Our barristers are expert 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:

• Advising on the formation and operation of companies
• Shareholder disputes
• Unfair prejudice petitions,
• Derivative actions including  double and triple derivative actions;
• Share valuation disputes, including those arising from Trusts & Estates and in Wills;
• 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;
• Trust-owned companies
• Joint ventures.

Civil Fraud and Asset Recovery

Our barristers have significant expertise in the pursuit and defence of civil fraud claims, arising in both commercial and non-commercial contexts.

We are involved at all stages, from pre-claim investigations, to urgent injunctions (including, in particular, freezing injunctions), Norwich Pharmacal and non-party disclosure applications, to the tracing and recovery of assets in the UK and other jurisdictions.

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.

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.

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.