Our members are regularly instructed in business-related disputes, including complex litigation and appellate cases in the English and overseas courts. We are known for our expertise in contract disputes of all varieties, particularly those engaging in cross-border and/or multi-jurisdictional issues. Some of the areas covered by our Business team are covered below.
Company & Partnership
Our members boast considerable expertise in all areas of company law, corporate governance and associated regulatory matters. Our Members regularly act for clients in both contentious and transactional corporate matters, helping to shape contemporary business practice, both in the UK and in key financial centres internationally.
We cover the spectrum of ‘business’ law, from offshore litigation involving the world’s largest companies to domestic advice on governance and shareholder activity, servicing a broad lay and professional client base at home and abroad.
Our Members advise on and appear in:
- Shareholder disputes and matters involving shareholder activism
- Share sale agreements
- Joint ventures
- Takeovers, mergers, and acquisitions
- Corporate reorganisations
- Capital markets and structured finance
- Companies Act advice
- Corporate regulation and enforcement
- Directors’ duties (as they arise both in actions for breach and in disqualification proceedings)
We are also considered “go to” counsel for advice in a range of operational matters, including:
- Company meetings
- Company formation, operation and dissolution
- Share ownership and registration
- Reductions or reorganisations of share capital
- Directors’ conduct and duties and associated disqualification proceedings.
We act in a range of partnership disputes, including those relating to professional services firms, financial institutions, private equity bodies and hedge funds, wealth management partnerships, solicitors’ and accountants’ firms, and property portfolios. In particular, our Members regularly provide expert advice and representation in the following areas:
- Formation, operation, and dissolution of partnerships
- LLPs and limited partnerships
- Fiduciary and other partnership duties
- Third party liability
- Winding-up of partnerships, including proceedings for accounts and inquiries
- Insolvent partnerships and insolvent/bankrupt partners
Our team has extensive experience of the full range of matters associated with insolvency litigation, including applications made within insolvency proceedings such as applications to set aside statutory demands, to restrain winding up petitions, to restrain advertisement of petitions or for administration orders. Our market-leading insolvency barristers are also well-placed to deal with the full range of transaction avoidance work (e.g. transactions defrauding creditors, preferences, transactions at undervalue etc.).
Our Members are regularly instructed in the following areas:
- Corporate and personal insolvency
- Asset recovery, e.g. office-holder claims, transactions defrauding creditors, void dispositions etc.
- Claims against directors, e.g. breach of duty, misappropriation of assets, unlawful dividends etc.
- Directors’ disqualification proceedings
- Corporate and partnership break-up and shareholder disputes.
With over 140 barristers, mediators and arbitrators (including 18 King’s Counsel, 3 Senior Counsel from Ireland and South Africa, and a Senior Advocate of the Supreme Court of India), as well as operations in Singapore and Hong Kong, The 36 Group a truly international multi-specialist set. We are uniquely placed to provide advice and representation on insolvency issues before English and international courts at all levels.
Contract and Insurance Law
Our barristers are regularly instructed as advocates in complex commercial, insurance, corporate and international litigation, and appellate cases in the English and overseas courts. We are known for our expertise in contract disputes of all varieties, particularly those engaging cross-border and/or multi-jurisdictional issues.
Our members advise on a wide range of issues arising from the COVID-19 pandemic and data protection breaches.
We have also provided advice on construction of insurance policy wordings and have been instructed to act in coverage disputes and subrogation actions in jurisdictions throughout the world, including, cyber, D&O, construction, property damage, business interruption, engineering, public liability, professional liability, E&O, political risks, health & safety and professional negligence.
Our members have extensive experience in advising and acting for international insurers and reinsurers (including Lloyd’s syndicates) in relation to back-to-back, follow the settlements, claims cooperation and control clauses as well as the operation of multi jurisdictional reinsurance arbitration clauses. We regularly act for re/insurers and policyholders on coverage disputes involving dishonesty, fraud, misrepresentation, non disclosure, avoidance, breaches of warranty and conditions precedent.
Our members also provide market-leading non-contentious commercial contracts services, from drafting and negotiating bespoke agreements for businesses to advising on compliance, FOIA, data protection, and associated regulatory matters.