Dispute Resolution

Recommended in the Legal 500, Teacher Stern’s Dispute Resolution team employ a tough yet strategic approach to secure the results you and your business needs, using the whole range of techniques including face-to-face negotiation, mediation and arbitration as well as the Courts.

Business disputes can be disruptive, stressful and expensive.  Teacher Stern’s Dispute Resolution team will act swiftly to identify your key commercial objectives and the essence of the dispute, driving swiftly and decisively to a solution with the minimum of fuss.

We provide:

  • a multi-disciplined top-class law firm, drawing experience from all our legal experts
  • “partner involved” not just “partner led” services and advice
  • a unique and extraordinary contact base
  • flexibility to be competitively priced
  • experience of high value claims against top 20 firms

What We Do

The areas covered by our Dispute Resolution practice include:

We have significant experience in acting for and against financial institutions, including in relation to inter-bank disputes. This wide experience enables our team to respond quickly and pragmatically to the ever-varying disputes that arise as a natural result of life in the international financial markets. We have particular experience in advising on disputes relating to the enforcement of guarantees (including financial institution unilateral undertakings) both in England and abroad.

Since late 2018 Teacher Stern has been working with clients to advance a claim under the CCA against Barclays and Bank of Scotland. To date this has been done through pre-action correspondence with the Bank. For more information, visit our shared appreciation mortgages page.

We’ve extensive experience of complex commercial disputes of all types including contractual disputes, fraud and misrepresentation actions, regulatory and internal investigations, shareholder actions and company disputes, partnership disputes, freezing injunctions, search orders, IT and telecom disputes, trust and tracing claims. We act for both claimants and defendants, often in cases where the stakes are exceptionally high.

As a result of many cross-border, multi-jurisdictional cases, we have developed strong links with lawyers in jurisdictions across the world who work closely with us to deliver a full cross border service to our clients.

Construction disputes are often multi-faceted with particular complexities arising from the nature of the multi-layered agreements common to construction projects. This complexity requires highly capable construction solicitors to be brought on board as soon as possible so that an effective litigation strategy can be implemented. Our early focus on outcomes driven by your commercial requirements will not only increase your prospects of success but it will also save both time and costs.

We act for all sectors of the construction industry including developers, high net worth individuals and other investors, construction companies (including main and sub-contractors) and construction professional service providers in the wide range of disputes that occur from inception to completion of a construction project.

A tailored approach to your dispute can produce prompt settlement without the need for protracted and expensive court proceedings often. We use the full spectrum of alternative dispute resolution including mediation, adjudication and arbitration to meet your objectives.

Previous experience includes: Advised an international sub-contractor in a breach of contract and loss of profit claim arising from infrastructure work completed at the Salford Media Centre, and advised on the successful dismissal of a winding up petition brought against a developer client by the main contractor after an Interim Award was issued by the Contract Administrator who then negligently failed to issue a Withholding Notice in accordance with the JCT deadline.

Much investment is undertaken through corporate vehicles.  This has many advantages but also carries the potential for a variety of different types of dispute, often involving court procedures which only apply to company disputes. Our wealth of experience in dealing with these types of disputes enables us to guide our clients towards their commercial objectives. The team have experience in handling disputes in the negotiation stage, those arising post-acquisition with incumbent and co-shareholder management, shareholder disputes and insolvency and restructuring.

In today’s climate, issues such as fraud and financial crime are increasingly prevalent across all areas of the business community.

The expanding role of criminal prosecutions in the context of fraud means that clients need to understand how in some cases the Proceeds of Crime Act can assist in pursuing their claims more effectively than going through the High Court. They need to be able to rely on a legal team with the experience and capabilities to deliver top quality advice to maximise the prospects of a full recovery using whatever legal tools are available.

Our expertise in dealing with both civil proceedings and high value Restraint and Confiscation proceedings in the Crown Court provides us with a unique combination of expertise in both the civil and criminal worlds.

We have helped our clients recover millions of pounds in multi-layered fraud actions against both fraudsters and prosecuting agencies who have deprived our clients unlawfully of cash, shares and properties. Our experience extends to include cross-jurisdictional asset tracing and the use of Worldwide Freezing Injunctions; as well as working hand in hand with lawyers around the world to preserve our client’s assets.

The Insolvency team at Teacher Stern has extensive experience of all aspects of insolvency, including liquidations, administrations, CVA’s, appointment of receivers, bankruptcy and IVA’s.

The practice group regularly advises on:

  • instituting and defending formal insolvency processes;
  • investigations and claims by office holders in the course of their appointments, including regulatory and compliance issues;
  • claims against directors and other individuals regarding breach of fiduciary duties, directors disqualification, re-use of company names and overdrawn loan accounts; and
  • protecting creditors’ interests, including issues relating to security, costs of insolvency processes and office holders’ conduct of appointments.

Past examples of work include; advised a property development company in relation to a winding up order made as a result of negligent conduct by professional advisors, involving negotiations with liquidators Grant Thornton, the provision of third party funding, a successful CVA proposal, questions of ad valorem charge minimisation and the eventual return of the primary asset to the beneficial owners of the company in liquidation.

We regularly advise on infringement and enforcement matters relating to patents, trademarks, copyright and design rights, as well as licencing disputes and other intellectual property matters.

In addition to advising businesses on how to protect their brands, inventions and rights globally, we also advise individuals on reputation protection issues. We are extremely proactive in ensuring our clients’ reputations are protected – often rapidly securing injunctions to limit and eliminate defamatory postings and blogs on the internet, as well as taking court defamation proceedings against perpetrators. Where clients are exposed to negative media publicity, we help them to manage and isolate the fallout.

We have a long and broad experience of resolving disputes across the range of businesses involved in international trade. The complexities of cross-border trade and international laws often dictate that disputes must be litigated in the country in which the dispute arises. Our track record of working closely and cooperatively with lawyers in other jurisdictions around the world enables us to provide the support international businesses require to resolve the disputes satisfactorily.

We conduct arbitrations under LCIA, ICC, LME, Refined Sugar, COMEX, LMAA, ARIAS, GAFTA, SIAC and VIAC Rules as well as participate in numerous ad hoc arbitrations.

You can depend on our experienced dispute resolution team to take a highly robust and partner involved approach when dealing with security enforcement.

We have considerable experience, both domestic and international, in advising on enforcement matters across many asset classes ranging from ships and aircraft to oilfields and fine art. This experience is complemented by a broad experience of advising on the enforcement of underlying financial arrangements such as those relating to finance leases, receivables financing, trade financing, export financing and commodity financing. In addition to asset-based security, corporate and personal guarantees can be a crucial element of the loan support package.  We have particular experience in disputes relating to the enforcement of guarantees both in England and abroad (including financial institution unilateral undertakings).

Previous experience includes: Advised several secured lenders and receivers in more than 700 commercial/buy-to-let/residential investment portfolio enforcement cases.

Teacher Stern has significant experience acting for Claimants and Defendants in professional liability matters involving:

  • Barristers and Solicitors
  • Accountants/Auditors
  • Engineers
  • Financial Services Providers
  • Bankers
  • Insurance Brokers
  • Construction and Property Professionals (including surveyors, architects, engineers and planners).

We adopt an incisive approach to identifying whether a professional has failed to exercise reasonable care and skill and whether the error was one that a reasonably competent professional working in the same filed would not have made. We work closely with a number of highly regarded experts from different disciplines to establish early in the course of dispute whether there is likely to have been a breach of duty.

Our real estate litigators advise owners, occupiers, property managers and secured lenders on robust strategies to protect and enforce their interests across the full range of asset classes including residential, retail, offices, industrial, hotels, restaurants and pubs.

Together with our transactional team we work hand in hand with our clients and their professional advisers to provide strategic support on acquisitions and on long-term portfolio and multi-tenanted asset managements including shopping centres, office and industrial developments, and residential estates.

We handle opposed and unopposed lease renewals, rent reviews, interim and terminal dilapidation claims, money claims, lease covenant enforcements and other contentious matters affecting property including restrictive covenants, boundary disputes, planning, statutory compensation and construction claims.

We act extensively on residential property matters for landlords, managing agents and leaseholders and advise regularly on lease extensions, collective enfranchisements, the right to manage, ground rent and service charge collection, major service charge consultations and recoveries, complex service charge disputes and forfeiture and possession claims.

Working alongside our Banking & Finance and Real Estate teams, we act for secured lenders, receivers and administrators on volume and bespoke enforcements, as well as ancillary recourse against guarantors and other third parties.

We bring a pragmatic and cost-effective approach to dispute resolution, helping our clients to achieve excellent outcomes through meticulous planning and effective conduct of their cases both through the courts and tribunals and using mediation and other ADR methods.

Testimonials

Legal 500 testimonials 

The team are very personable communicative and provide the facts and their advice.  They have also been excellent in looking at the issues from both a strategic and tactical level in terms of next stages within the service provision and anticipating of future activities.

Close attention to detail and calm advice to clients in a highly emotive situation

You feel like you are their only client. Always approachable and happy to have sensible discussions around fees.

Professional and straightforward approach.  A practical approach to a complex issue.

‘The team are efficient and get things done. They won’t leave a stone unturned to get to the right answer with a firm eye on the commercials.’

‘The dispute resolution team at Teacher Stern have an array of high quality work and individuals. A particular recent trend is group claims against financial institutions and professionals. The team is especially good at coordinating and managing complex, high value group claims, which often involve steering committees of clients, insurers and difficult opponents.’

‘The individuals are professional, thorough and a delight to work with’

Legal 500 2024 

‘Being a relatively small team ensures that internal communication is very good, and this gives them the ability to move cases forward, and deliver excellent client service, at all times.’

‘They maintain very strong relationships with a number of clients who have been instructing the firm for many years.’

‘Good expertise and knowledge within their field.’