Commercial

Although they arise out of a contract, the rights and obligations of the parties to contracts of agency require particular expertise. The fiduciary duties owed by agents generally will differ in their specifics depending upon the context in which the agency arises, and the same is true of the principal. In many cases of long-standing agreements, the terms of the agent’s remuneration or the precise scope of their authority can be difficult to identify and need to be ascertained by reference to the conduct of the parties. Likewise, the duties of the principal to co-operate in taking steps that generate remuneration for the agent need proper consideration as do the respective obligations of the parties after the agreement has been brought to an end.

The contractual, tortious and regulatory obligations of banks to customers have been fertile ground for litigation in recent years. As with the development of mis-selling cases, the more recent willingness of the Courts to impose obligations on banks to protect customers from fraud practised upon them by third parties has highlighted the need for an expert assessment of the options available to both customer and institution. Members have expertise of acting both for and against domestic and international banks and financial institutions, as well as public bodies.

Fraudsters are using ever more complicated schemes to execute and then cover up their abstraction of property. The earliest possible assessment of the situation is required so that immediate, properly focused action can be brought to maximise the chances of recovering what has been taken. The prospects of interim steps to force the fraudster to reveal the whereabouts of the property and to preserve it, or “Norwich Pharmacal” relief to identify the wrongdoers need expert guidance. Attention can then focus on framing the claim and deploying the evidecne to best effect.

In many situations it may be possible for a party to rely upon the words or conduct of a counter-party to prevent it enforcing its strict rights under a contract on the basis that one of the many types of estoppels applies. The requirements for the application of each kind of estoppel differ and so a rigorous investigation of the circumstances is essential.

Whether an individual or business owes fiduciary duties may not always be clear. But even if it does owe such duties, it is important to identify the precise extent of those duties. This will depend upon the nature of the relationship and the context in which it arose. A proper assessment can then be made as to whether there has been a breach of those obligations and what remedies may be available to the injured party.

The impact of illegality upon the ability to enforce commercial agreements requires an expert assessment of the nature of the illegality and whether the Court will consider that allowing enforcement will undermine the public policy that the illegality was intended to give effect to.

Members of Selborne Chambers at all levels of seniority have expertise in dealing with a wide range of commercial and contractual disputes. In all matters there is a focus on achieving the best possible result for the client.

Our members are highly experienced in their approach to cases involving IT & telecommunications, having built on their expertise in commercial and regulatory matters. Past work includes the interpretation and application of communications codes and legislation in the Supreme Court, as well as acting for major telecommunications infrastructure operators.

The ability to enforce an injured party’s rights against assets on a proprietary basis is a real advantage. Being able to identify how best to frame a claim to maximise this advantage gives the client the opportunity to seek interim relief preserving those assets and reduces the risks of dissipation.

On occasions it becomes apparent that a document in which parties seem to have set out their agreement has failed to accurately do this. The burden on a party seeking to have the Court intervene to rectify the contract so that it truly reflects what was agreed is a heavy one. It is particularly important that a client receives the best possible assessment of the prospects of success.

Restrictions on the conduct of persons or businesses imposed by former employers/counterparts will often be challenged on the basis that, even where agreed to, they are unenforceable because they are in unreasonable restraint of trade.

Contracts for the provision of goods and services often raise specific issues due to the statutory provisions that may apply. Claim concerning the supply (or faulty supply) of services by professionals or commercial agents require particular consideration. Members have worked on a variety of cases including claims for commission by commercial agents, claims for payment in respect of the supply of PPE (and for commission allegedly due for such supply), breaches of obligations relating to development of land and the enforcement of contracts of sale.

There are many situations where the benefit received by one party from another may be recovered or compensated on the basis of unjust enrichment. Whilst these include situations where contracts have been under negotiation but not concluded or where payments have been made on the mistaken basis that they were required under a contract, there are many other circumstances in which a claim for unjust enrichment may be the only possible remedy. Identifying that remedy may therefore be crucial.