Dispute resolution and cross-border litigation

We act for businesses, insurers and individuals in disputes before the courts of England and Wales and in arbitration, and we coordinate proceedings in Spain where a dispute crosses the two systems. Our litigation team is led by partners qualified as solicitors in England and Wales and as lawyers in Spain, so questions of jurisdiction, applicable law, evidence and enforcement are considered together from the first meeting.

We start by working out what a realistic outcome looks like and what it will cost to get there. Some disputes are best settled early through negotiation or mediation; others need to be issued and pursued to trial. We advise on both, and we tell clients plainly which we think applies.

What we do

Cross-border disputes

We advise on which courts have jurisdiction, which law governs the dispute, how to serve proceedings abroad, how to obtain evidence in another country and how to enforce a judgment once it is obtained. Our partners also advise on Spanish law, and Antonio Arenas has been appointed as an expert witness on Spanish law before the English courts.

Commercial and contractual disputes

We act for claimants and defendants in breach of contract claims, shareholder and partnership disputes, joint venture disagreements, distribution and supply chain disputes, banking disputes and claims arising from the international sale of goods. We also bring and defend professional negligence claims.

Insurance, travel and accident abroad claims

We act for insurers and policyholders in coverage and recovery disputes, including marine and aviation claims, and in travel and accident abroad claims involving Spain and South America. We acted for the defendant insurer in a General Average claim in the Admiralty Court, which was dismissed with costs.

Inheritance and estate disputes

We act for beneficiaries, executors and family members in disputes over wills and estates, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, challenges to the validity of a will and disputes over the administration of an estate. Many of these involve property or heirs in Spain as well as England.

Mediation, arbitration and urgent relief

We prepare clients for mediation and represent them at it, and we act in arbitration under institutional rules and ad hoc. Where assets are at risk or urgent action is needed, we advise on injunctions and other interim relief.

Situations we help with

• A Spanish supplier has not paid and you want to know whether to sue in England or in Spain, and how any judgment would be enforced.
• You are an insurer facing a claim connected with a casualty or loss abroad.
• A parent has died leaving property in England and Spain and the family disagrees about the will.
• A co-shareholder is excluding you from the company and you want to understand your options.
• You hold a judgment from another country and want to enforce it against assets in England.

Points to consider

• Time limits apply. Many claims are subject to limitation periods, and some are very short; for example, a claim under the 1975 Act must normally be brought within six months of the grant of representation.
• Courts expect parties to consider ADR. The courts can now order parties to engage in mediation or other ADR, and an unreasonable refusal can carry costs consequences.
• Costs. In England the losing party usually pays a substantial share of the winner's costs.
• Enforcement should be planned at the start. Where the other party and its assets are, and which treaty applies, can determine where to sue.

How we work

• Two jurisdictions, one team. Partners qualified in England and Wales and in Spain coordinate English and Spanish proceedings and local counsel elsewhere.
• Clear advice on merits and cost. We give a view on prospects, likely cost and timescale, and we review it as the case develops.
• Barristers where needed. We instruct specialist counsel for advocacy at trial when it serves the case.

How a matter usually runs

1. Early assessment. We review the documents, identify jurisdiction and limitation issues and advise on merits and strategy.
2. Pre-action steps. We send or respond to pre-action correspondence and explore settlement, including mediation.
3. Proceedings. If the dispute does not settle, we issue or defend proceedings and manage disclosure, evidence and experts.
4. Trial or settlement. We prepare for trial with counsel, negotiate where there is an opportunity to settle, and advise on costs.
5. Enforcement. We enforce or resist enforcement of the judgment or award, in England or abroad.

Related services

• Shipping Law: Admiralty and maritime claims.
• Insolvency & Restructuring: debts and insolvent counterparties.
• Private Client: estates and succession.
• Intellectual Property: infringement claims.
• Employment: workplace disputes.
• Spanish Desk: disputes involving Spain.