Commercial Litigation

Contact

We work closely with colleagues across the firm when required, to ensure that you receive a clear direction on how to proceed. As well as our extensive litigation experience, we also advise on alternative forms of dispute resolution (ADR) such as arbitration and mediation. In many cases it can be a more cost effective approach to your dispute and is particularly advantageous where confidentiality or preserving business relations are key considerations.

In today’s business environment, commercial disputes are often multi-jurisdictional and we are experienced at dealing with disputes with an international element. Where necessary we can call upon our strong network of international legal contacts to guarantee you the best overseas representation. We work closely with our international partner firms to ensure that the output is well co-ordinated and that you have a single point of contact.

We regularly work with or on behalf of our clients’ insurers. We aim to be flexible on our fee arrangements and are willing in certain cases to offer a ‘no win no fee’ arrangement. We can also arrange litigation costs insurance.

We can advise on:

Banking and finance
Charity Disputes
Company and partnership
Contract disputes and tort
Corporate recovery and bankruptcy
Fraud and asset tracing
Professional negligence
Regulatory and health and safety
Trusts

1 Financial Product Mis-selling
Our banking litigation practice advises trustees, SMEs and individuals on possible claims arising from the mis-selling of banking products.

We are completely neutral and much of our work consists of independent, impartial advice to trustees as to whether they are obliged to pursue claims for the mis-selling of financial products. If there is a claim to pursue, then we will responsibly and diligently pursue your objectives.

We have been involved in numerous interest rate derivative mis-selling claims and represent trustees, SMEs and others in seeking to escape from punitive break costs or to claim damages for the harm caused by these products.

You should be aware that mis-selling claims can become time-barred and we are seeing a number of clients now that are already out of time for taking steps to protect their interests. You should act quickly to avoid this.
2 Privy Council
We adopt a flexible approach to suit the needs of overseas law firms and are committed to providing a seamless service to the underlying client
BDB Pitmans is one of the few firms with experience acting as Privy Council Agents on behalf of law firms from offshore Commonwealth jurisdictions in appeals before the Judicial Committee of the Privy Council.

Our specialist team has experience representing both appellants and respondents, and we have acted in appeals involving companies and individuals.

With offices in Westminster in close proximity to the Registry, we are ideally located to handle the procedural aspects of the appeal for overseas law firms and their clients.

Our knowledge and experience of the rules and special practices governing appeals to the Privy Council enable us to progress appeals efficiently and cost-effectively and recover as much of the costs as possible.

Our strong working relationship with the Registry and close links to barristers experienced at appearing before the Board assists with the smooth running of appeals.

Our experience:
- (1) Rawlinson & Hunter Trustees SA (2) Vimaletor Holdings Ltd v (1) ITG Ltd (2) Bayeux Ltd – JCPC 2017/0070◦Application for permission to appeal against an order of the Court of Appeal of Guernsey.
- The Appeal Panel refused permission to appeal against an order granting summary judgment to the respondents (in their capacity as trustees of the Tchenguiz Discretionary Trust) in a contractual claim.
- The National Gas Company of Trinidad and Tobago Limited v (1) Super Industrial Services Limited (2) Rain Forest Resorts Limited – [2018] UKPC 17◦Appeal from the Court of Appeal of Trinidad and Tobago.
- The Privy Council dismissed the appeal and found that a claim by the National Gas Company had been automatically struck out under a provision of the Civil Proceedings Rules as a result of its failure to apply for a date to be fixed for a case management conference within the time period specified in that provision.
- Gany Holdings (PTC) SA and Asif Rangoonwala v Zorin Khan and others – JCPC 2017/0005-6◦Appeals from the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands).
- O’Connor (Senior) and others v The Proprietors, Strata Plan No 51 [2017] UKPC 45◦Appeal from the Court of Appeal of the Turks and Caicos Islands.
- The Privy Council dismissed an appeal by the registered owners of a residential condominium apartment and confirmed that the relevant by-laws prohibit the letting of units for any period less than one month.
- Attorney General v Dumas [2017] UKPC 12◦Appeal from the Court of Appeal of Trinidad and Tobago.
- The Privy Council dismissed an appeal by the Attorney General and confirmed that the court had jurisdiction to hear a citizen’s claim for a declaration that the appointments of two members to the Police Service Commission were unconstitutional.
- Sir James Mitchell v Ephraim Georges [2014] UKPC 43◦Appeal from the Eastern Caribbean Court of Appeal.
- The Board allowed the appeal of the former prime minister of St Vincent and the Grenadines and upheld his claim of apparent bias against the commissioner of an inquiry into a collapsed government project.
- Maharaj Bookstore Limited v Beacon Insurance Company Limited [2014] UKPC 21◦Appeal against a decision of the Court of Appeal of Trinidad and Tobago.
- The Privy Council overturned the Court of Appeal’s judgment that the respondent insurer had been entitled to repudiate liability under a policy of insurance.