Business, commercial and general litigation – UK and Europe
A broad-based service with an emphasis on:
the Banking sector, including acting for and against Banks and other financial institutions, especially involving allegations of fraud, forgery, misrepresentation, undue influence and breaches of the consumer credit legislation;
Financial Services, including FCA/FSA investigations, compliance and professional negligence;
Insurance, including coverage claims arising from environmental disasters such as hurricane damage;
Procurement, especially in the healthcare sector;
Sports law, acting for sports agents and agencies and professional sportsmen and women in commercial disputes and disciplinary investigations;
Professional Negligence, acting for and against architects, design studios, accountants, IFAs, solicitors and barristers;
Boardroom dispute resolution, minority shareholder disputes, partnership breakdown;
Asset freezing/Mareva injunctions, seeking and resisting urgent High Court remedies;
Insolvency, seeking and resisting bankruptcy orders.
Civil procedural disputes, including applications for relief from sanctions; strike out; summary judgment;
Marc acts as an expert on English law in foreign proceedings. In 2017, he advised on the law of frustration of contracts in a dispute in Moscow over a disputed loan of 156 million Euros in the context of the annexation of Crimea by Russia.
Areas of work:-
Selected, notable cases conducted in the commercial, business and general litigation fields
(Online protest by surveyor wrongly convicted and struck off; surveyor won his appeal and was reinstated; online postings and correspondence claimed to be actionable harassment of RICS under Protection from Harassment Act 1997; whether ECHR Article 10 right to freedom of expression; whether need to prove “alarm and distress” from alleged harassment; whether RICS seeking an injunction had “clean hands”).
(Advising on the English law of frustration of contracts; dispute over 156 million Euros; solar energy project funded by bank loans, but after annexation of Crimea by the Russian Federation, repayment of loan impossible.; whether loan contract frustrated).
(successful complaint by a barrister to FOS concerning his right to choose his own solicitors to act for him in the face of insurer insisting on a panel firm)
(application for costs in Employment Tribunal; successfully resisted after detailed written submissions)
(Claim for return of investment funds; Marc Beaumont pleaded a defence of illegality; settled at Mediation)
(Successful application to recall judgment and remove previous finding of identity fraud)
(Successful application for relief from sanctions applying Denton v White)
(Successful defence of male Defendant in claim for damages for paternity fraud; claim withdrawn; costs paid to Defendant)
(Defence of undue influence with third party claim for negligence against a firm of solicitors; successful London Mediation at which wife of debtor received enough in damages to secure re-housing).
(14 day trial; Construction contract; project management; claims alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional negligence against designers/project managers; claim for an account; all serious allegations against Marc Beaumont’s client dismissed)
(Application to strike out averment of constructive notice in Etridge defence; application successfully opposed by Marc Beaumont)
(Insolvency, transaction at undervalue, transfer of commercial property to pension scheme with in specie contribution, sections 238, 239 and 212 of the Insolvency Act 1986, whether Directors’ misfeasance).
(Chauffeur of a celebrity fashion model; restraint of trade, whether covenant enforceable, whether damages for “reflected loss” being claimed, whether s. 2 of the Competition Act 1998 applicable, whether an account of profits available in a claim for breach of contract).
(Insolvency. Successful defence to Petition on the basis of : (a) an arguable breach of section 86C of the Consumer Credit Act 1974, (b) triable issues of fraud and (c) a mis-statement in the Petition about security; whether “security” in rule 6.25 of the Insolvency Rules 1986 includes an arguably valueless Legal Charge; whether “running-account credit” can arise by implication where overdraft facilities are extended retrospectively ).
(Re-litigation, consumer credit, improper execution, issue estoppel, abuse of process, Johnson v Gore-Wood, limitation period for allegations of improper execution, successful strike-out application).
(Policeman; disciplinary proceedings which were wrongly brought; Policeman mentally ill; wrong diagnosis by Doctors; MPC’s duty of care to policeman; definition of duty of care; whether non-delegable; successfully resisted MPC’s strike-out application).
(Bankruptcy Petition based on agreement to pay tax; allegation by client debtor that agreement procured by threat by HMRC to extend investigation over another 8 years of trading; need for trial; Petition dismissed with costs against HMRC).
(NHS Trust; £1 million contract for supply of pressure mattress systems; threatened withdrawal by Trust; I negotiated with the Trust to rescind their withdrawal; settled case within 48 hours of dispute erupting).
(Conflict of laws; supply of biofuel from the USA; service out of the jurisdiction; CPR Part 6 r. 20(5); whether e-mail contract made in England or Tennessee; convenience of forum; material non-disclosure in ex parte application; Proper Law of the contract; Rome Convention; )
(Insolvency; construction dispute; appeal against bankruptcy order; interaction of bankrputcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang)
(Insolvency; assignment of choses in action; disposition of property; number plates; preferences; purported transfer of vehicle registration mark; ownership of mark; s.340 Insolvency Act 1986; Retention of Registration Marks Regulations (1993))
(Consumer Law; Sale of Goods; Hire Purchase Act 1964; title to goods; protection of private purchasers; meaning of “carrying on a business;” single commercial venture; bona fide purchaser without notice)
(Foreign proceedings, international fraud, mutual assistance, SFO, search warrants far wider than overseas request, judicial review, specificity of warrant, s.2 Criminal Justice Act 1987, ECHR, formal Guidance from Divisional Court)
(Insolvency, costs, IA 1986, s. 366, lien for unpaid fees)
(application of CPR to modification of undertaking; relevant test)
(Strike out for breach of undertaking, abuse of process, extension of time)
(CPR Part 51.19, automatic stay, strike out)
(Appeal against Bankruptcy Order, equitable set-off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985)
(personal insolvency; mortgage fraud; agency; setting aside statutory demand, nature of appeal to single Judge of the Chancery Division.)
(following FNB v Ann, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process)
(division of post-dissolution partnership profits)
(limitation period for extortionate credit bargain claim)
(Restoration to Companies Register/s.653 Companies Act 1985)
(a leading case on s. 11 of the Limitation Act 1980; action for damages for childhood sexual abuse/limitation)