Disputes & Funding

Disputes & Funding

Leading Litigation Law Firm

CANDEY is recognised by The Lawyer, Legal Business, Chambers and the Legal 500 as a leading litigation law firm in corporate and commercial litigation and international arbitration. We have appeared in a large number of significant High Court, Court of Appeal and Supreme Court cases, making new law and clarifying existing law.

Disputes

We regularly achieve substantial victories for our clients, who are successful entrepreneurs, multi-nationals and professionals in a wide range of different areas and sectors, from oil and gas to technology, from financial services and banking to hotels. We have a particular interest in lawyers' rights, where we strive to assist the judiciary in achieving access to justice.

Recent reported cases include High Court and Court of Appeal judgments on the ability to grant security over monies in Court, the principle of good faith, reflective loss and double derivative shareholder actions, verbal constructive trusts, resulting trusts, competing arbitration and court clauses, varying retainers, non-party costs orders, the value of security pursuant to a floating charge, the meaning of risk of dissipation, solicitors' rights to be paid first from the fruits of litigation, the ability to assign a cause of action to a lawyer, the right of Defendants to rely on contingency agreements, liquidators' liability for benefits received, and the ability of criminals to hide behind privilege.

We will act for Claimants and Defendants and will sue banks and financial institutions that the large city firms will only defend.

Funding

We work with our clients to arrive at a fair and reasonable charging solution. Whilst English lawyers normally charge on a time basis we recognise that there are many other ways in which disputes can be funded. We are one of only a very few firms of leading commercial litigation lawyers who will consider acting on a contingent basis, charging only when we have won a case. Our success fee approach is based on a percentage of recoveries or with an increase or “uplift” on our hourly rates, charging nothing should we lose.

To date we have funded most of our contingent cases ourselves, but we are increasingly open to working with funders provided their interests are aligned with our clients.

As a hybrid firm of solicitors and barristers, where appropriate we will also fund in house and external barristers’ fees and/or charge on a fixed fee basis.

Where necessary we work with a number of after the event (ATE) insurers to obtain cover thereby protecting our clients from adverse costs orders. This flexible approach to legal costs is favoured by both entrepreneurs, private equity funds and multi-nationals, who may not have access to capital or who wish to deploy capital elsewhere and reduce their balance sheet exposure.

Litigation

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