David’s Commercial and Corporate practice and experience
David with his business background and experience gained from both working in industry (before re-training as a solicitor) then in corporate/commercial/finance law firms) is able to assist clients with corporate, commercial and finance matters whether non-contentious and contentious. David can assist in the English courts, or, if necessary, overseas for clients in the UK, who have entered into contracts with parties outside the UK. If overseas David will instruct and manage a team of local lawyers to assist the client in whatever jurisdiction is necessary to achieve the client’s objectives.
David also assists clients in relation to borrowing, banking and finance both agreements and disputes relating to new or existing borrowing/lending. David also advises the borrowers, guarantors and 3rd parties providing security for the borrowing. He also able to advise in relation to granting or, if things have done wrong, any action/defending enforcement of security including personal guarantees, third party security/ surety.
Commercial Services:
Company commercial legal services to assist your business running on a day to day basis including advice and assistance on:
New and existing commercial contracts and arrangements, and issues arising thereafter
Advice upon new or existing terms and conditions of business.
Commercial litigation and disputes affecting your business including contract and debt disputes, and advising upon and drafting settlement agreements,
Recent work includes:
Instructing and managing a team of lawyers in Asia to defend a claim issued against a UK client for alleged breach of contract, and to bring a substantial counter claim.
Advising in relation to procurement issue.
Advising inter-alia on construction contracts, including actions for professional negligence by contractors and professionals for contracts and work valued at £400k and £3m, then managing and settling the disputes for clients whether in or out of court.
Advising in relation to an unpaid £900k loan. David quickly secured the repayment of the loan in full plus a significant settlement in respect of the client’s interest and costs.
Advising in relation to the defence of a claim of trademark infringement against our client in relation to a trademark for their new product. David assisted the clients to a negotiated settlement which allowed both parties to move on.
Advising in relation to the seizure of two shipping containers of alleged grey market trainers at port as they entered the UK. David advised the client on the alleged claims to the border authorities by the two trademark owners. David secured the unconditional release of one container, and a negotiated settlement with the 2nd brand holder.
Corporate Services:
David Magill offers legal services to corporate and individual clients on a range of business related matters. Advice can be provided on matters which are not subject to dispute (non-contentious) or matters where a dispute may or has arisen or is even in court, mediation or arbitration (contentious matters).
Corporate services relating to the incorporated limited company including
advice and assistance on:
New company set ups including advice and assistance on incorporation.
Advice for new and existing companies upon shareholdings, shareholder agreements, articles of association and investment agreements,
Directors’ service agreements and employment contracts, both new and termination of or changes thereto.
Business transfers whether it be guidance or managing the transfer of the issued shares capital or transfer of any or all of the business assets and assistance with all of the related ancillary documents such as asset and share sale and purchase agreements, stock transfer forms, share indemnity, deeds of attorney, resignation letters and advice upon and preparation of the necessary Companies House documentation.
Taking and giving security, personal guarantees, charges, debentures whether to be granted by the limited company to a lender or by an individual (such as on a property) in support of a Company’s borrowing
Litigation and disputes affecting the limited company including director and shareholder disputes
Recent work includes:
Settling a shareholder dispute where the two shareholders has seriously fallen out and there was a deadlock. David negotiated a settlement which allowed our client to take sole ownership of the Company in a full and final separation from the (now ex-shareholder).
Pursuing a breach of warranty claim for £550k+ arising from a business sale agreement worth nearly £10m, then securing a settlement for the client of the full amount and costs.