Marriott Harrison LLP’s litigation practice has acted in many important cases at all levels of the court system in England and Wales. The practice covers most commercial areas including corporate, commercial, commercial agency, employment, financial services, insolvency, insurance, information technology, media and intellectual property, domain name and other internet issues, property, and international trade.
Its experience includes breach of contract, competition, Companies Court applications, expert determination, judicial review, professional indemnity, breach of fiduciary duty, directors’ liability, shareholder disputes, regulatory work, negligence, fraud and asset tracing and all aspects of injunctions. Many disputes that we deal with have an international/offshore element, including multi-jurisdictional and cross border issues, and often involve urgent and occasionally novel court and tribunal applications worldwide.
Emergency court applications usually involve an application for an injunction (a Court Order requiring someone to do something or (more often) not to do something). Frequently an injunction has to be applied for with great urgency, for example to freeze transfers of assets, to prevent the use of confidential information or to require the return of property. Often, such applications are co-ordinated with applications in overseas’ jurisdictions.
Injunctions can be protracted and very expensive if not undertaken properly and with the requisite advice and expertise. Our team has considerable experience of the intricacies of obtaining injunctions (and having them set aside), having sought and defended injunctions in cases varying from alleged foreign exchange fraud, counterfeit motor parts, invoice fraud, breach of copyright, passing off, breach of confidence to the theft of company customer lists.
Whatever the circumstances, any client seeking advice which might lead to an injunction has to be confident that their legal team has the ability to mount an attack (or indeed a defence) with military precision as well as the personal skills to guide the client through what can be a rugged journey. Anyone contemplating injunctive relief also has to be working with a lawyer who is realistic about the prospects of success, who can give sensible costs estimates and who can judge how long it will take to achieve the client’s objectives. We have that expertise and the resources to get results.
Recent examples of injunction applications undertaken by Marriott Harrison LLP include the setting aside of an anti-suit injunction for a U.S. client, a freezing order over assets in the property rental sector and an injunction at the suit of the transferee of non transferable loan notes to prevent the original holder of those notes from dealing with the issuer of the notes.
Intellectual Property embraces a wide range of valuable, intangible, assets which enable those who are (for example) designers, authors, computer code writers, inventors, film producers and so on to protect the fruits of their labour so that third parties cannot simply use what they have produced and exploit it for their own benefit.
Certain rights require registration, but a large majority of them arise simply on creation of the Intellectual Property in question. Due to the nature of these rights and the complexity of the law surrounding them, it can often be difficult for rights owners to make use of the armoury that the law provides to protect their Intellectual Property rights.
Our long history of acting for clients in the media sectors includes experience of dealing with matters involving Intellectual Property including passing off disputes, sports rights, royalty claims, rights ownership disputes and increasingly domain name and other disputes arising out of the use of the internet and social media including a recent judgment in favour of corporate and individual clients defamed on social media sites.
International and Domestic Arbitration
From its inception, Marriott Harrison LLP has undertaken major international and domestic arbitrations and the team includes a Fellow of the Chartered Institute of Arbitrators. Most recently Marriott Harrison LLP’s arbitration practice has included a multi-million pound ad hoc arbitration between Indian and Spanish pharmaceutical enterprises, an UNCITRAL arbitration between an independent financial adviser and its client and an ICC arbitration between an Italian steel producer and an Indian supplier of raw materials.
Mediation was embraced by Marriott Harrison LLP long before it became an almost universally used dispute resolution mechanism tool. The Firm’s first recorded mediation was in 1990 in a substantial white collar fraud case. Most commercial disputes lend themselves to mediation which is quick, relatively inexpensive and usually effective.
Mediation also enables results to be achieved which are imaginative and outside the range of outcomes which can be obtained from a court. It is therefore not surprising that parties to commercial litigation are now in practice required to explain themselves to the court if they fail to consider mediation and may be penalised in costs if they fail to take advantage of this means of resolving their disputes. The Dispute Resolution Department encourages clients to mediate and regularly see significant cost savings and other advantages for clients. Tony Morris (Media Department) is an accredited mediator and regularly mediates disputes between parties with media and other commercial interests as well as representing clients in mediations.