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Commercial Litigation

Commercial Litigation

Disputes over business agreements take many forms. Often, the dispute is about the meaning of what the parties have written down in their agreement. Sometimes, the law dictates that particular clauses included by the parties in their agreement cannot be enforced, or implies additional terms into the parties’ agreement. People and businesses regularly find themselves in the position of trying to enforce arrangements that they agreed upon verbally and that were never formally written down, or trying to disprove an oral agreement alleged by another party.

Vladi’s extensive commercial litigation practice includes contractual and business disputes of all kinds. She has experience litigating contracts for the supply of various goods and services, including complex, multi-party contractual arrangements. She regularly acts in disputes regarding the interpretation of specific contractual clauses, including non-compete clauses and restrictive covenants in the context of purchases and sales of businesses, limitation of liability and indemnity clauses, and clauses that quantify the damages or penalties payable when a contract is breached (liquidated damages or penalty clauses).

Notably, Vladi has successfully resisted the enforcement of a contract on the basis of the defence of non est factum, by demonstrating at trial that the high bar for this relief had been met.

Vladi’s work in this area includes:

  • Contractual disputes of all kinds, including services agreements, supply agreements, joint ventures, agreements of purchase and sale, leases, mortgage or financing agreements, and unwritten agreements
  • Injunctions to protect sensitive commercial interests or contractual rights, including Mareva (freezing) orders and Anton Piller orders 
  • Opinions and consulting on the interpretation and application of various contractual provisions