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Damian Carter

Manchester, United Kingdom

3 Testimonials
7 Case studies
5 Articles

Summary

Practice Areas:

  • Commercial Litigation
  • Financial services
  • Banking & Finance
  • Commercial Litigation
  • Commercial Property Litigation
  • Debt recovery
  • Defamation
  • Dispute resolution
  • Fraud & Financial Crime
  • Insolvency
  • Intellectual Property
  • Professional Negligence
  • Private Client Litigation
  • Shareholder Disputes
  • Breach of Restrictive Covenants
  • Partnership Disputes
  • Contested Probate
  • Alternative Dispute Resolution
  • Contract Disputes
  • Banking Litigation
Berg

I lead the commercial litigation team at Berg. My team is best known for its robust and commercial approach in relation to complex commercial disputes and act primarily for SME companies, entrepreneurs and high net worth individuals. The team’s expertise in dealing with financial mis-selling and banking claims has significantly increased the firm’s profile and nationwide client base – the firm is one of the market leaders in this sector.

My team conduct a substantial and varied case load, including breach of contract, warranty claims, shareholder actions, board disputes, insolvency, fraud claims, partnership disputes, banking and financial mis-selling litigation, intellectual property disputes, defamation claims, commercial agency disputes, restraint of trade, regulatory matters, contentious probate claims, property disputes and professional negligence actions.

I have been instrumental in designing and implementing “Litigation – the Berg Way” – applying project management criteria to our work to ensure consistent high quality and a first rate client experience.

I have been recommended in Chambers and Partners and Legal 500:

“Business savvy”, “takes a personal responsibility for cases” and “very client focused and results oriented” (Chambers and Partners)

Recommended for “personal approach” and “excellent at analysing issues and giving sound uncomplicated and commercially sensitive advice” (Legal 500)

Previous Employment

DLA1995 - 1997

Trainee solicitor

Halliwells1997 - 2003

Associate

Experience

I lead the commercial litigation team at Berg.

My team is best known for its robust and commercial approach in relation to complex commercial disputes and act primarily for SME companies, entrepreneurs and high net worth individuals.

My team's expertise in dealing with financial mis-selling and banking claims has significantly increased the firm's profile and nationwide client base - the firm is one of the market leaders in this sector. 

Myself and my team conduct a substantial and varied case load, including breach of contract, warranty claims, shareholder actions, board disputes, insolvency, fraud claims, partnership and LLP disputes, banking and financial mis-selling litigation, intellectual property disputes, defamation claims, commercial agency disputes, restraint of trade, regulatory matters, contentious probate claims, property disputes and professional negligence claims.

I have been instrumental in designing and implementing "Litigation - The Berg Way" - applying project management criteria to our work to ensure consistent high quality and a first rate client experience.

I have been recommended in Chambers and Partners and Legal 500:

"Business savvy", " takes a personal responsibility for cases" and "very client focused and results oriented" (Chambers and Partners)

Recommended for "personal approach" and "excellent at analysing issues and giving sound uncomplicated and commercially sensitive advice" (Legal 500) 

 

  

        

 

Education

University of Sheffield

University

1990 - 1993

LLB Hons 2:1

LPC

The College of Law

1994 - 1995

Legal Practice Course Commendation

Testimonials

Quality advice and excellent client service to resolve commercial disputes

“Our group of companies have worked with Damian Carter and the team at Berg for a number of years and have always received quality advice and an excellent level of service. The team at Berg adopt a creative approach and provide positive recommendations to help us resolve all of our legal problems”Andy Pilley, Managing Director, Business Energy Solutions Limited

High value settlement of professional negligence claim

“We instructed Damian Carter in relation to a professional negligence claim against a firm of quantity surveyors in respect of a mixed use commercial and residential development. We had previously instructed a national law firm but they had been unable to make any real progress with the claim. Damian listened to our commercial objectives and worked out a strategy to pursue the claim as efficiently as possible to maximise our recovery. Damian’s tenacity and commercial nous resulted in the company achieving its desired outcome at an early stage in the Court proceedings.”Mr Geoffrey Wilkinson, Director of Portside House (Duke Street) Limited

Complex corporate dispute settled for US client

“Damian Carter represented my company on a complex corporate debt dispute. Two prior solicitors were unsuccessful before Berg was retained. Throughout the process Damian provided insightful and succinct advice. He was available on short notice to anwer questions and respond to tight deadlines. Damian’s extensive knowledge of the insolvency process was invalauable and the primary reason my company received a very successful outcome”E Mellen, Chief Financial Officer, Gencor Industries Inc

Case Studies

Complex corporate dispute settled for US client

I represented a US Nasdaq company, Gencor Industries Inc in respect of a complex corporate debt dispute.

My client had previously instructed 2 UK firms who had not been able to make a recovery for my client.   I recommended a robust approach and a statutory demand was served on the debtor.

The debtor applied to set aside the statutory demand arguing that the debt was disputed.

Following a number of contested Court hearings I successfully obtained a Court order dismissing the debtor's application.

The debtor failed to pay the sum due and steps were taken to petition for the debtor's bankruptcy.

Prior to the bankruptcy hearing I successfully negotiated a substantial payment from the debtor and his family and associates in favour of my client.  

Shareholder dispute - settled out of court

I acted for a client who was a minority shareholder in relation to an acrimonious shareholder and family business dispute.

I was instucted in this long running dispute in place of another firm of solicitors who had not managed to make any real progress with a claim against the majority shareholder.

I reviewed the merits and advised ny client that it would be necessary to issue proceedings to obtain any real engagement from the majority shareholder.

I pursued both a minority shareholder action and separate proceedings in respect of jointly held commercial and residential properties.

I successfully resolved both claims for my client following a mediation and recovered a multi million pound settlement sum for my client.

    

High value settlement of a professional negligence claim

I was instructed by a property developer company to advise in relation to a professional negligence claim against a firm of quantity surveyors.

This was in respect of a mixed use commercial and residential development.

My client had previously instructed a national law firm but they had been unable to make any meaningful progress to make a recovery for my client.

I reviewed all the options and merits of the claim and commenced proceedings against the quantity surveyor. I successfully resolved the claim for my client at mediation and before significant legal costs had been incurred.

     

Freezing and disclosure Court injunctions

I acted for the Claimants in relation to a commercial fraud and asset tracing dispute. This was in relation to monies advanced under a sham "factoring agreement".

I made an emergency application to Court and obtained a worldwide freezing and disclosure injunction against a number of different Defendants.

Enquiries were made in different offshore jurisdictions and I was able to succesfully trace and recover substantial assets for my clients.  

Search and seize orders

I acted for the Defendant in relation to a defence of a claim for alleged breach of confidential information where the Claimant had obtained a search and seize order.

I resolved the matter favourably for my client by demonstrating to the Claimant that its actions were disproportionate and that if a judgement was obtained the Claimant was unlikely to make a significant recovery.  

   

Injunction against former employees for breach of restrictive covenants

I acted for the Claimant in relation to a claim against two of its former employees who had left the company to work for a competitor in breach of restrictive covenants in their employment contracts.

I made an urgent application to the Court and succesfully obtained an injunction in favour of my client. 

Using the injunction as leverage in the subsequent commercial negotiations I was able to achieve a favourable settlement for my client at an early stage in the proceedings.   

High value settlement of banking claim

I acted for the Claimant company in relation to a claim against one of the main banks in respect of a mis-sold interest rate hedging product.

The substantial break costs which became payable in the event that my client was to terminate the swap and refinance elsewhere had not been explained to my client when the company entered into the loan facility and swap.

The Defendant refused to engage in any meaningful settlement discussions pre litigation and it was necessary to issue Court proceedings.

A mediation was arranged after the bank had served its Defence.

It was not possible to resolve the claim at mediation but the case was successfully concluded in my client's favour several weeks later before significant costs were incurred by all parties in preparing for trial.

 

Published Cases

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Press Cuttings

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Achievements

Awards

This solicitor hasn't added any award details yet

Associations & Memberships

Professional Negligence Lawyers Associaton - since 2005

Manchester Law Society - since 1997

Pro Manchester - since 1997

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