Commercial disputes

Our members provide advocacy and advisory services in all aspects of civil fraud claims including:

• Freezing injunctions, search orders and other interlocutory relief
• Asset tracing and enforcement
• Committal for contempt of court
• Jurisdiction challenges and conflict of laws

The editors of, and many of the contributors to, the leading textbook, Grant & Mumford on Civil Fraud, Law, Practice and Procedure are members of Maitland, and our expertise in this field is reflected by its top ranking for civil fraud in the major directories.

The breadth of expertise of members of Chambers ensures that they can deal with all issues that arise in fraud cases, including for example the use of trust structures to hide or protect assets or the use of insolvency proceedings to investigate and pursue fraud claims.

Maitland has expertise across the banking and financial services disputes sectors, in particular as to:

• Private equity disputes
• Disputes arising out of the supply or purchase of investment services, financial instruments and investment schemes
• Regulatory and enforcement disputes

Members of Chambers act for banks, financial institutions and other investors, both in England and offshore, and frequently act on matters with a jurisdictional element. Recent examples include claims as to the proper valuation of swaps on close-out; the alleged mis-selling of swaps; failed CDOs; the recovery of loans from companies held within a trust structure; claims against overseas Government issuers; and hedge fund claw-back claims.

Members of Chambers undertake a wide range of contractual disputes, at all levels of the Courts in England and overseas. Particular examples of claims include

• Disputes relating to contractual interpretation
• Claims in misrepresentation and misstatement
• Frustration and force majeure
• Breach of warranty claims
• Disputes arising out of share purchase agreements

Members of Chambers regularly act on all manner of joint venture and partnership disputes, across a variety of legal structures such as contractual, corporate, LLP and trust joint ventures, both on and off-shore, with subject matters ranging from real estate development to complex financial investments. Such claims include:

• Disputes as to the formation, terms, operation and termination of joint venture agreements
• Disputes as to the formation, terms, operation and dissolution of partnerships, including LLPs and other limited partnerships
• Disputes relating to the duties, obligations and liabilities of partners
• The winding-up of partnerships, including actions for accounts and inquiries
• Unfair prejudice petitions