Manleys Solicitors, a leading Chester law firm, is celebrating another legal success following the settlement of a commercial cross border litigation case out of court. Led by Peri Mornington, Dispute Resolution Specialist and Solicitor, Manley’s was able to successfully navigate the hurdles and pitfalls of a cross-jurisdictional dispute.

The dispute occurred after former business partners, who are not named for legal reasons, failed to translate a verbal agreement into a written one. This led to jurisdictional issues, with Manley’s legal opponent being based in Northern Ireland, and no jurisdiction clause being agreed. Despite these complications, Peri Mornington was able to secure £20,000 for her client.

Following the successful outcome, Peri Mornington explains: “Northern Ireland and Scotland each have their own jurisdictions and legal processes, the lack of a formal agreement with jurisdiction clauses could have caused issues in this case but happily we were able to secure an advantageous result without proceedings. It is worth noting that a jurisdiction clause is something which is of relevance since Brexit”

“Friends and family, and even close business partners, often do not feel there is a need to formalise their agreements in writing,”

The solicitor added: “This is often borne out of awkwardness or uncomfortableness and the fear of causing offence. It can appear to be pre-emptive of a fallout and no one likes to think that they would ever depart from their business partner, especially if they are a close friend or family member. Unfortunately, relationships can and do break down. When this happens, disagreements can escalate to legal proceedings.”

What is Commercial Cross Border Litigation?

Cross border litigation is a business or company dispute where a client is domiciled or habitually resident in a country separate to where the court is sitting or where the decision is to be enforced. Due to such cases relying on communication across two or several international jurisdictions, there can be complications and delays in reaching a settlement.

Alongside disputes between shareholders and business partners, commercial cross border litigation cases can arise from:

• Breaches of employee or employer contract
• Trade issues
• Professional and commercial negligence
• Insolvency
• Fraud

Commercial Cross Border Litigation Case study

One example of a similar business dispute that resulted in a commercial cross border litigation case is The Port of Antwerp case. Outlined in this research essay, the case involved a Belgium-Dutch labour inspectorate, who discovered a Dutch temporary agency to be incorrectly registering workers as self-employed without their agreement or consent. The legal proceedings that followed resulted in international communication between Belgium and the Netherlands, later leading to six-self-employed individuals being correctly reclassified as employees.

Manley’s Law Firm

Manley’s was founded in 2012 by litigation and media lawyer Mark Manley. The law firm are a specialist litigation practice, building a strong rapport with clients and focused on achieving results. Manley’s are recognised by both the

independent legal directories.

For advice on legal solutions or disputes, contact Manleys on:

Email: info@manleys.law

Telephone: 01244 230000