I help clients to avoid or resolve their business disputes. Clients value my straight-talking, pragmatic, and commercial approach.
I work with businesses and individuals to help understand and resolve their disputes, with a focus on advising shareholders and directors in corporate disputes and advising businesses in contract disputes.
I also work with asset-based lenders to pursue guarantees and recover monies from debtors where complex contractual and equitable defences are raised, and act in contentious insolvency matters, either for the officeholder or to defend directors and shareholders against their claims.
My experience has shown that clients generally want to achieve a balance of the best result at the minimum cost, whilst protecting their reputation. I have a wealth of trial experience but also recognise that trials can sometimes be a demonstration of failure by at least one of the parties. I help clients to resolve their disputes through negotiation and alternative dispute resolution, including mediation.
Areas of expertise:
- Shareholder disputes
- Contractual disputes
- Insolvency disputes
- Defending director disqualification proceedings
Qualifications and memberships
- Admitted as a solicitor in May 2005 (South Africa), December 2006 (England and Wales)
If I'm unavailable, please contact:
Michelle Kingscott
Legal Secretary +44(0)1403 831225 [email protected]
My experience
Acting for the claimant in a High Court claim for damages of £5m arising from the alleged breaches of warranties given by the sellers upon the sale of a business.
Acting for defendants seeking damages of £14m arising from alleged breaches of warranties pursuant to a subscription agreement, fraudulent misrepresentation, deceit and negligent misstatement.
Acting for a shareholder in a corporate ownership and governance dispute which included a contested application regarding the principles of court applications by directors for administration orders
Pursuing a petition under s. 994 of the Companies Act 2006 which sought an order that the majority shareholders sell their shares to the petitioner
Successfully prevented a Government department from issuing a threatened claim against a client for damages of £7m pursuant to a contract to supply PPE
How we made a difference
Justin McConville is excellent. Hugely knowledgeable and very practical in his approach to problem solving. He’s a star in the making.
Legal 500 2024
Justin McConville’s intervention on my behalf was impressive and invaluable. His experience in dealing with these investigations meant that I presented my case in the most advantageous way possible, drawing out all the relevant details and mitigating facts which The Insolvency Service needed to be made aware of. Some of them would never have occurred to me, but when presented in the round, they made a very convincing case in my defence. My accountancy career was put on the line but now I am free to continue with my practice. I am indebted to Justin for putting an end to my sleepless nights!
I am indebted to Will, Justin, and all the team, as well as my barrister, James Knott of 4 Stone Buildings Chambers and Tony Murphy of Harrisons Business Recovery, for their hard work and expert guidance. The firm responded to the application at very short notice and I was impressed how they left no stone unturned and put my response in a manner which the Judge obviously found very compelling.
Director
Being involved in a legal dispute is very worrying but Justin put me at complete ease with his responsive approach and his practical, clear advice. His specialist knowledge and attention to detail is exceptional and it felt like Justin really cared about my dispute and achieving the best result for me. I was confident in his strategy and judgement and he was upfront about his firm's costs which was very helpful and reassuring. Justin and the team provided an extremely professional service and working with them has been a pleasure.
Company Officer
Justin McConville expertly navigated me through this business dispute, and I am delighted with the final outcome. Justin was knowledgeable about the law and litigation procedure and his calm head and guidance was tremendously useful to me in very contentious and personal circumstances. Justin was always approachable and personable, clear in his advice and tactics, and really worked a miracle with his negotiation skills in getting my business back, especially in view of the difficult personalities and unrealistic expectations of my former business partners.
I was appointed Joint Administrator of Toys “R” Us Limited in February this year. I instructed this firm to help me recover large, disputed balances owed by trade vendors based in the UK, USA and Asia. The claims and underlying vendor agreements were contractually complex, with international dimensions, and were often heavily disputed by well-resourced toy manufacturers. Will, Justin and their recoveries team were commercial, responsive and successfully negotiated substantial recoveries from vendors – to date - in excess of six-figures for the benefit of creditors.
Director
Moofields Advisory Limited
From the moment of my initial consultation with Justin, I knew I was in a safe pair of hands. Justin quickly grasped the issues and laid out a strategy which he followed masterfully. I was impressed by Justin’s expert negotiation skills, indeed, he delivered more than I had ever expected. I have no hesitation in recommending the services of Justin and the team.
Former business owner
This was a difficult and stressful time for our business, when somebody we had trusted went rogue and caused enormous disruption. Justin stepped in with a steadfast strategy which over time resulted in the demands made by the individual being lowered, until eventually we were able to achieve our aim of removing him from the business in circumstances which were acceptable to us. Justin was clear about our legal options and the costs involved and even though we were primed to issue court proceedings, we were very pleased to achieve the certainty of a mutual settlement thanks to Justin’s brilliant negotiations. The result for our business was very welcome.
Director client
Justin made dry contractual and legal terms understandable to us and impressed us with his judgment. He also quickly grasped the group’s commercial objectives and achieved an admirable balance between the best result, for the minimum cost. We have always been impressed with the firms full service offering, and their commercial disputes team provides reassuring support when things don’t go to plan.
Director client
My thinking
Dangers in delaying unfair prejudice petitions
Getting Contract Termination Right
Court of appeal provides guidance on phoenix syndrome
High Court clarifies meaning of “the directors” in applications for an administration order
Litigation Privilege v Without Prejudice Communications
EU’s ground-breaking Unified Patent Court
Securing swift payment of large debt
Resolving shareholder disputes – A creative solution
Helping a business owner reclaim company
HMRC investigations on the increase - bounce-back loans
Awards
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