Our Commercial Litigation Department services all manner of clients to deliver successful financial solutions. Claims can have multi-jurisdictional elements or be conducted in most common law and European jurisdictions.

At Augusta, we provide non-recourse funding to cover legal fees and disbursements, enabling a Claimant to proceed with its claim. By taking over the cost and risk of litigation, we can level the financial playing field for wronged claimants and improve commercial efficiency for corporates and individuals alike.

Claim types include:

• Professional negligence
• Banking and finance
• Shareholder
• Contentious trusts and probate
• Real estate
• Asset tracing and enforcement
• Insurance

Recent Experience

• Shareholder dispute under Jersey law arising out of an unlawful dilution of shares by the majority shareholder.
• Claim for breach of trust and duty against former trustees for appointing an inappropriately qualified investment manager to invest large funds.
• Claim for breach of contract, fiduciary duties and restrictive covenants against former directors after diverting business and leaving the company in bad faith.

Further examples:

• Comet – £100m claim against shareholders for unlawful preference relating to the restructuring of a major retailer
• Treichl – £10m claim against Insurers

 

Case studies

Professional Negligence
Claim against solicitors for negligent advice and failure to advise resulting in the Claimant failing to obtain planning permission or agree a s.106 Agreement resulting in the Claimant’s offer for re-financing falling through and the loss of profit and opportunity. Resolved at mediation with a recovery of £862,000.

Banking & finance
Claim against a UK bank for breach of contract, misrepresentation, negligence and breach of fiduciary duty. The bank encouraged the Claimant to borrow beyond his normal limits to undertake a substantial property refurbishment. At all times the bank assured the Claimant that sufficient lending would be available to complete the project. However, funding ceased and as a consequence the Claimant lost all their assets that had been used to secure the funding. Resolved at mediation with a recovery of £2,500,000