Nachfolgend finden Sie Fälle, an denen ich gearbeitet habe.
Dispute between shareholders of properties in California
Dispute
In a multi-million arbitration claim, I was instructed by one of the Defendant. The dispute between the shareholders of a SPV company for the purchase and the management of properties in California centred on the questions of interpretation of the Shareholders Agreement, Separation Agreement and other agreements, rescission of the Separation Agreement, rectification, fraudulent and/or negligent misrepresentation and assessment of damages.
What I did
I advised my client throughout, drafted my client’s witness statements and skeleton argument, and represented my client at the 7 days arbitration hearing.
Result
At the hearing, the judge agreed with our submissions, dismissed the claim against my client, and awarded costs to my client.
Joint venture disagreements and mistrust
Dispute
My client was in a 50:50 joint venture with his long-term Serbian friend (Partner). The JV company had been very successful and grown considerably over the years. Increasingly, the partners had different views as to the further direction of the company. Different views led to disagreements and increasing mistrust between them.
What I did
I provided advice to my client on the interpretation of the shareholders agreement and ways to resolve the deadlock situation. Upon the in-principal commercial agreement of the sale of the shares, I advised, drafted and assisted in the negotiation of the demerger agreement.
Result
After a prolonged period of deadlock, the partners finally agreed to the sale of my client’s shares to the Partner.
Falsified insurance certificates
Dispute
A senior manager of my corporate client, a health insurance broker, had falsified insurance certificates and had presented those falsified documents to new insurers, providing underwriting of the same, and in doing so, obtaining commission for selling new insurances. My client claimed damages and repayment of commission.
What I did
I advised, drafted letter before claim, claim form, particulars of claim, reply, disclosure statement, witness statements, skeleton argument, and represented my client at the CCMC and the trial.
Result
By way of rigorous cross-examination, we were able to establish at trial that the ex-manager had indeed falsified the documents. My client was awarded the claimed sum, interest and costs on an indemnity basis.
Director’s Services Agreement breached by ex-director
Dispute
My corporate client had entered Director’s Services Agreement with its director. After the director had resigned and his Director's Services Agreement had been terminated by my client, the ex-director breached the restrictive covenants set out in the Director’s Services Agreement.
What I did
Being instructed on a direct access basis, I advised, drafted letter before claim, claim form, particulars of claim, reply, disclosure statement and witness statements, mediation position statement and represented my client at the mediation.
Result
The settlement agreement reached at mediation gave my client almost all sums claimed, plus interest and costs.
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