Stephen Llewellyn is a member of the business and advocacy practice group at Faegre Baker Daniels in London.
Stephen's main area of practice is the resolution of commercial disputes, both before and outside (e.g., mediations and arbitrations) the courts. This includes warranty claims, professional negligence, software disputes, tracing assets, and obtaining search orders and asset freezing injunctions. He has considerable experience in advising foreign organisations as to how to obtain evidence from individuals/organisations based in England and Wales, including by means of Letters of Request (Letters Rogatory). He also specialises in claims brought under the Commercial Agents (Council Directive) Regulations 1993, and his practice includes insolvency related court work and companies court work. Some specific examples are:
- Acting for a manufacturing company in a claim against solicitors for negligent advice which resulted in a remunerative supply contract being unenforceable. After a successful Court of Appeal decision on liability, a seven figure settlement was achieved.
- Acting on behalf of a U.S. publisher against a UK agent for nonpayment of substantial royalties going back several years. The matter was satisfactorily concluded without having to issue court proceedings.
- Acting on behalf of a U.S. broadcasting company against a Turkish television company and its Dutch guarantor for recovery of fees due.
- Tracing the assets in the United Kingdom, France and Isle of Man of an English fraudster against whom a U.S. arbitral award had been made. Obtaining freezing orders for sale of various properties, and liaising with Isle of Man lawyers to recover assets from a company within that jurisdiction.
- Acting for administrator of training company, the administration was successfully concluded with the company surviving as a going concern.
- Acting for a plc in a multiparty financial services dispute over the inducement of contracts with independent financial advisers. A two-day mediation provided sufficient momentum for the matter to settle some weeks later.
- Acting for majority shareholders in a dispute with a minority shareholder claiming unfair prejudice. Achieving a settlement whereby the minority shareholding was bought out for an appropriate figure without having to go to court.
- Acting for a company which was in dispute with its EU-based agent, which issued a winding up petition against our client for nonpayment of sums due (which were disputed). Successfully obtained injunction preventing publication or advertising of the petition and brought about an advantageous settlement.
- Acting for a company which provided services for the Athens Olympics and was in dispute with its former agent. A mediation took place which was followed shortly after by a settlement.
- Acting for a company against one of its former directors and obtaining injunctions to prevent misuse of the company's intellectual property, an order for delivery up of its property and summary judgment on certain issues. The matter successfully settled before trial.
- Acting for company whose employee was discovered to have misappropriated company money. Obtained freezing order against the former employee (who had fled to Australia) including against his property in London. The matter was resolved when the former employee then paid back from Australia all the funds he had misappropriated.
More generally:
- Registration and enforcement of foreign judgments in England
- Assisting U.S. lawyers in and advising them on the setting up and conduct of deposition proceedings in England
- Numerous disputes arising out of the Commercial Agents Regulations, acting for both principals and agents
- Restoring dissolved companies to the Register of Companies by means of court proceedings
- Acting for parties (and also latterly as a mediator) in the mediation of commercial disputes
- Obtaining and supervising search orders