Commercial law

Gough Square Chambers regularly deals with general commercial issues, whether arising in the context of financial services law, or more generally. We have experience in the sale and supply of goods, company law, partnership, civil fraud, professional negligence, and insolvency.

Notable cases include:

  • Blue Sky Equity Trading LLP v Credit Suisse (UK) Ltd [2022]: £12.7m High Court claim for unreasonable refusal to accept £10m worth of unencumbered property as collateral following a margin call at the time of the coronavirus crash, forcing sale of a share portfolio at a severely depressed price
  • Joanne Properties Ltd v MoneyThing Capital Ltd & anr [2020] EWCA Civ 1541: disputed settlement agreement arising out of a corporate financing agreement. Members of Chambers appeared on behalf of both the Appellant and the Respondents before the Court of Appeal
  • Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337; [2019] 4 W.L.R. 146: procedural appeal arising out of a commercial bridging loan. The Court of Appeal’s judgment resulted in substantive amendment to the relevant White Book commentary
  • Choi v Park & Park [2019] EWHC 3191 (QB): civil fraud and conspiracy claim arising out of a commercial property deal
  • Promontoria (Henrico) Ltd v Samra[2019] EWHC 2327 (Ch): trial of consolidated claims for possession of commercial properties provided as security for business overdrafts. The Court dismissed the Defendant’s challenge to the validity of the assignment from the original bank to the Claimant and allegations of an ‘unfair relationship’ on the basis of a ‘common intention’ as to repayment terms
  • Arif & Ors v Berkeley Burke SIPP Administration Ltd[2017] EWHC 3108 (Comm): application for group litigation order under CPR 19.10, and first case considering the effect of Lord Justice Briggs’ “Civil Courts Structure Review” in relation to transfer of proceedings.
  • Berkeley Burke SIPP Administration Ltd v Charlton & Anor[2017] EWHC 2396 (Comm): whether a redetermination of a ‘final and binding’ decision by FOS constituted an arbitration for the purposes of s.69 of the Arbitration Act 1996
  • Beavis v ParkingEye Ltd [2015] UKSC 67: landmark Supreme Court case on whether an £85 parking charge constituted a penalty at common law and/or was an unfair contract term;
  • Kulkarni v Manor Credit [2010] EWCA Civ 69; [2010]; 2 All E.R. (Comm) 1017: claim by innocent purchaser of a vehicle against a finance company, in the context of a large scale fraud by a vehicle fleet management company. The rules in the Sale of Goods Act 1979 s.18 r.5(1) were unlikely to reflect the parties’ intentions where the seller knew that it lacked the necessary property in the goods to transfer title and had no intention of fulfilling its contract to transfer property

See also our separate pages on Financial Services and Sale and Supply of Goods and Services.