Philip CLARKE

About

Philip is Head of our Dispute Resolution team and is an experienced Dispute Resolution Solicitor with over 11 years' experience in guiding clients through contractual and other disputes. Having had significant Trial experience, he has both applied for and responded to applications for Injunctive relief and understands the necessity for swift decisive action at the early stages in Litigation. Philip is a strong believer in Alternative Dispute Resolution and is an experienced advocate at both mediations and all parties meetings.

Philip has particular interests in contractual disputes, litigation arising out of corporate transactions, employer/ employee disputes and partnership disputes.

Examples of Philip's work in these areas are set out below:-

Contractual Disputes

Advising a manufacturing client on the termination of a Partnering Contract with a sports governing body. This settled on confidential terms after negotiation;

Advising a client on the threatened termination of a catering contract for a music festival;

Advising a major food manufacturer on claims arising out of the termination of trademark licences. This settled on confidential terms following a mediation; and

Advising on the termination of a significant shared services contract. This settled on confidential terms following an all parties meeting.

Corporate Transactional Disputes

Advising a buyer on warranty and indemnity claims arising out of a share purchase agreement following a tax charge on matters occurring before completion. This settled following negotiation;

Attending an 11 day trial in the Chancery Division on a claim for breach of a relationship agreement following an admission onto AIM; and

Attending a 3 day Preliminary Issue Hearing for a seller dealing with whether a buyer had given adequate notification under a share purchase agreement.

Employer/ Employee Disputes

Advising an employer on action against two employees who had set up in competition in breach of their restrictive covenants and had placed fraudulent orders whilst still in employment. This settled on confidential terms following a without prejudice meeting;

Advising an employer on action against an employee on garden leave and his prospective employer for poaching clients, breach of confidence and breach of fiduciary duty including an application for injunctive relief against both defendants, delivery up of all confidential information and provision of information. This settled on confidential terms at a multi party mediation; and

Advising a former senior director on a claim for breach of confidence, conspiracy, breach of restrictive covenants and allegations of invoicing fraud including advising on a search order (on 1 hours notice), provision of information by affidavit and a potential freezing order application. This settled on confidential terms following negotiation.

Partnership Disputes

Advising a General Practitioner in a Partnership dispute with his fellow Partners. This settled on confidential terms following a without prejudice meeting;

Advising a Recruitment Consultant in a Partnership dispute with his fellow Partners. This settled on confidential terms following a without prejudice meeting; and

Advising on a multi million pound farming partnership dispute that settled after a 5 day trial but before judgment was handed down.