Our commercial and corporate litigation team understands the business truth that litigation is almost always bad for business. Our approach to commercial claims for and against a business, is to try to keep our client off the litigation road. Sometimes this is not possible, sometimes the cases are of “bet the company” size or nature, and there is no possibility to avoid litigation. This is where we excel. After evaluating the merits, we will either guide our client to settle or get a decision for him/her.
Injunctions are probably the most effective weapon of the commercial litigator. Trying and winning a case only to discover that there is nothing left to be compensated with, or that the actual purpose of the action was defeated, is probably the worst result possible in such a case. Our Commercial Litigation Team knows this very well, and our approach to claims is to make sure that by the end of the procedure we will be able to enforce the judgment. Injunctive reliefs are a common practice in our firm. More specifically, our Civil Litigation Department has been involved in cases calling for the issuing but also objecting the issue, in both an ex-parte and by summons method of injunctions including Mareva injunctions, Norwich Pharmacal (Discovery) orders, Anton Piller orders, gagging orders, ‘Chabra’ orders and Quia Timet orders. By their very nature, we were involved in the ex parte issuing of these orders, which subsequently became final and permanent.
It should be noted that our practice was involved in issuing injunctions /orders of the above nature in cases involving a variety of commercial and corporate disputes.
Examples of such cases include:
- Claims for the liquidation of corporations by reason of deadlock in its decision-making and management bodies;
- Claims for the recovery of funds unlawfully obtained or paid to third parties;
- Claims for damages by reason of civil wrongs (torts) or crimes committed against the company or against its shareholders;
- Breach of directors’ duties or other.
Our Civil Practice also undertakes instructions for securing the interests of shareholders and minority shareholders but also the interests of bondholders and other debt holders. On the basis of these instructions, we undertake to advise the interested party of its rights and proceed accordingly with the respective procedure, which may be a process of applying for a buy-out or a process of applying for the liquidation of the company, securing a liquidation order and overseeing or instructing (depending on the facts of the case) the liquidator as to the execution and finalisation of the liquidation up to dissolution.
Unavoidably, the commercial/ corporate client often also requires a variety of litigation services spanning from employment disputes resolution to insurance claims services which we provide on a client tailored approach.
Our team receives regularly instructions concerning the protection of shareholders’ and joint ventures interests in Cyprus Litigation or to support international arbitration procedures, by providing expert opinion on Cyprus Law.