Dispute Resolution

Dispute Resolution

Members of Drystone Chambers understand the sensitivities and requirements of clients engaged private and corporate disputes. Our ability to develop a rapid understanding of a client's needs, and to adapt to evolving positions, allows us to take a commercially sensible and strategic approach to resolving disputes.We have the skills our clients require to fight a range of contentious cases; whether through correspondence, mediation, arbitration or at trial. When a client has to resort to legal proceedings, or finds that there is no alternative to litigation, it is simple common sense to want the assurance of advice and advocacy from Drystone.

  • Company & Commercial
  • Consumer Credit
  • Employment
  • Family Law
  • Intellectual Property

Company & Commercial

Drystone Chambers represent businesses and individuals in commercial matters including: commercial contracts; agency; directors’ duties and disqualification; shareholder disputes; partnerships; company law; sale of goods and fraud. Members advise in international commercial disputes, often concerned with conflict of laws.

Consumer Credit

Consumer regulation has grown exponentially over recent years. Notably, the Financial Conduct Authority ("FCA") has taken over from the OFT to become the regulator for the majority of the consumer credit firms. Now with the introduction of the Consumer Rights Act 2015 ("CRA 2015"), in force from 1 October 2015, the regulatory environment is changing once again.

We have watched the progress of the Consumer Rights Bill, which implements the Consumer Rights Directive 2011/83/EU. The CRA 2015 consolidates existing statutory protections for consumers and enhances consumer rights in dealing with misleading and aggressive selling, food labelling and payment surcharges. It also consolidates over 60 pieces of legislation on trading standards' powers to investigate beaches of consumer law into one statute. Perhaps the most far reaching effect of the Bill however, will be to enable opt-out collective actions where breaches of consumer or competition law are said to have taken place. It will also assist consumers in obtaining redress across Europe.

This legal landscape has become difficult for SMEs to navigate as while many now find themselves regulated by the FCA, local Trading Standards Authorities are in fact the lead enforcement agencies for many consumer rights. We can help businesses and consumers understand their rights and protect them where they are challenged. We advise business about the level of regulation appropriate to their needs so that they do not to fall foul of the FCA Consumer Credit Sourcebook or the new obligations on businesses imposed by the CRA 2015.

Employment

Chambers works for varied clients including national and local government agencies such as the Environment Agency, organisations such as the Police Federation, as well as small and medium sized businesses and national charities. Our instructions come from both the public and private sectors.

Members advise and represent both Claimant and Respondent in the full range of matters including: unfair dismissal; wrongful dismissal; breach of contract; TUPE; pension, employee share and pay disputes; termination agreements; and all forms of discrimination.

We are able to advise on terms and conditions of employment, procedures and implementation to ensure businesses are equipped to deal with complaints and claims when they arise, and to avoid them wherever possible.

Family Law

The Family Team at Drystone Chambers offer a professional yet friendly service to clients. We appreciate that this is a very difficult time for you and are sensitive to this fact in our dealings with you. We act in all areas of family law including Children Act and Care Proceedings as well as Divorce and Ancillary Relief.

In Children Act and Care proceedings we accept instructions on behalf of Local Authorities, parents and Children’s Guardians and deal with matters at all stages from emergency protection, interim and final hearings and placement for adoption.

In Divorce and Ancillary relief matters our barristers deal with Ancillary Relief and other financial applications, covering all aspects of matrimonial finance. This includes dealing with foreign assets and jurisdictional issues, financial provision for children and the financial rights of unmarried couples.

We can offer advice or representation in the following areas:

  • Adoption
  • Ancillary Relief at all stages- FDA, FDR and final hearing and Section 37 protection of assets.
  • Asylum Applications
  • Care Proceedings
  • Child Abduction
  • Divorce
  • Domestic Violence
  • Education
  • Human Rights
  • Inheritance Act Applications
  • Injunctions/non-molestation orders
  • Judicial Review
  • Mental Health
  • National Assistance Act Cases
  • Private Law Children Act Applications
  • Provision for the Elderly
  • Registered Home Act Applications

Intellectual Property

Linking up with Chambers’ extensive and highly regarded work in the consumer protection, trading standards, counterfeiting and forgery fields, counsel at Drystone Chambers have a wealth of experience of brand enforcement and the protection of commercial identity. We can provide practical assistance to businesses, drafting "cease and desist" letters of claim, advising on actions for the removal of internet content and protecting technical know-how. We will also act in proceedings to defend businesses and individuals from ill-founded challenges to their free use of material that does not qualify for protection under UK law.