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Clark Sargent

Partner
Clark Sargent

I'm a partner in the firm's Dispute Resolution group. I focus on general commercial litigation for corporates, although I also have prior experience in finance-related disputes for banks and other financial institutions.

Tel: +44 (0)121 685 2840
Email: clark_sargent@wragge.com

Services: Dispute Resolution
Business sectors: Healthcare, Life Sciences, Aerospace and Defence

Best brains in ...

Complex commercial litigation. I have undertaken a full range of contract and tort disputes. A highlight was the re-negotiation of a multi-party, multi-billion pound procurement contract. The other side committed a terminating event which was not accepted, but instead kept alive through the duration of the negotiations (for the benefit of the client) by the innovative use of standstill agreements. This innovative approach laid the groundwork for a successful re-negotiation.

I advise on claims concerning everything from share sale warranties and indemnities to satisfactory quality and defective goods, misrepresentation, partnership disputes and conversion claims. Experience includes advising on the termination, for repudiatory breach, of a suite of license and distribution agreements, which involved defending related claims for guaranteed minimum royalty fees from the licensor. I also acted on a professional negligence claim against solicitors arising from tax advice on a corporate acquisition, where we reached a successful settlement with the solicitors' insurers before a trial was needed.

Highlight of your career so far?

Just being a partner at Wragge & Co is up there. But also being involved in a project with the complexity and profile of the aircraft carriers project for MoD, and on other defence contracts of similar ilk. These are legally challenging, for big numbers, and doing something helping the country. But on a more day-to-day basis, and mundane as it may sound, I like closing problems and issues for clients – on a win in court, or on a successful settlement. Any resolution which protects the client on what has happened historically and allows the client to get back to the brass tacks of planning and running its business for the future is a good thing. Nobody wants to be tied down by contracts that have gone or are going wrong, and I always enjoy fixing that.

Most challenging job you've ever done?

Drafting the liability and indemnity provisions, within a ground breaking alliance structure, in the contract for the Government to purchase the next two aircraft carriers for the Navy, at a cost of some £4 billion, and which will run for some eight or nine years.

What about outside the UK?

I most enjoyed a claim I did for a Channel Islands-based trust recovering the trust's assets from the beneficiaries - who, notwithstanding that they were the beneficiaries, had still tried to pinch all the assets out of the trust! After some injunctions, and a disclosure process that was always only ever going to go one way (our client's way), the trust assets did all come back.

I now think that, on well over half the cases that I look at, one or other of the parties is based outside the UK. So it's hard now to view an 'overseas' claim as out-of-the-norm!

What's your definition of good client service?

Good client service is, I think, no more than being on time, being useful, and being right - sounds easy enough... Without doing a list, the best examples of that in a disputes context frequently involve finding a commercial solution to avoid a fight. And so I will always keep an eye on that, and on the cost-benefit of fighting, whenever acting for a client in any kind of dispute or potential dispute.

Best example of a creative legal solution?

The OCCAR defence contract. It must be creative, because we were 'highly commended' for it in the Financial Times Innovative Lawyers report. I was involved in the use of standstill agreements to 'preserve' a repudiatory breach.

That one saw a good result for the client; but another much less high-profile case that I also enjoyed was to provoke and drive the mediation of a messy claim in which our client was not a party, but in which it would have had to become involved before a trial. We were pivotal to the mediation happening at all, and that when it did, it saw a settlement to all claims - including that our client got paid out in full!

When have you ever given a client a real competitive edge?

A job which can be a great deal of fun, and also adds lots of value, is to review and challenge the complex contracts we draft in our corporate and projects groups from a legal risk management perspective. So frequently a contract negotiation hurtles past the finishing line at full tilt, and so the opportunity to stand back and test the contract as it approaches the end will always find a point of detail that can be improved to make the client safer. This is an area where prevention really is better than a cure, and knowing the legal risks early can save a lot of money later on by keeping the power with our client from the outset.

What's your single greatest contribution to Wragge & Co's corporate responsibility?

I participate in our College of Law pro bono advice scheme - helping the college's students advise local people on any kind of legal problem they might have. It is a rewarding thing to do: the enthusiasm of the students and thinking about areas of law I might never otherwise encounter in my day job (supervising cases about enduring and lasting powers of attorney; and about tenants in flats with leaking roofs) and it's nice to remember that we were all generalists years ago, and so able to do this kind of thing.

I am also part of our team now working with Human Dignity Trust. I have also been a school governor. It is great to see the care that schools have for their children, but it is also a commitment that could easily be a full time role.

What's been written or said about you that you're most proud of?

Nothing that I'd repeat on a respectable website. Enough said. Otherwise, whenever a client has cause to say 'thank you'.

Alerts

23.11.11

Before you take the plunge. Life after breach - Part 4. It wasn't me

Could you be held liable for the fraudulent actions of another? If you are an employer and one of your employees is involved in fraudulent activities, then yes.
 

16.11.11

Before you take the plunge. Life after breach - Part 3. Great expectations?

What happens if one party to a contract fails to perform? Can the innocent party get all of its losses back? What happens if the losses are difficult to prove?

09.11.11

Before you take the plunge. Life after breach – Part 2. Frustration and force majeure

Contracting parties are required to keep their bargains. The fact that performance subsequently becomes more difficult or less profitable does not excuse them from liability.

02.11.11

Before you take the plunge. Life after breach - Part 1. Excluding liability

What's the first thing lawyers turn to when reviewing a commercial contract, and invariably one of the last issues to get resolved? The exclusion of liability clause.

28.09.11

Before you take the plunge. Back to basics on contracts - Part 4. Best, reasonable and all reasonable endeavours - how far are you agreeing to go and what are you committed to?

You may consider using an endeavours clause to qualify a contractual obligation you are giving. This may be because fulfilment of the obligation depends on the co-operation of a third party or other matters beyond your control.

21.09.11

Before you take the plunge. Back to basics on contracts - Part 3. Hyperbole or misrepresentation? It can be a fine line

What is the position when you enter into a contract relying on inaccurate representations made to you by the other party? What happens if the other party tries to limit its liability for any misrepresentations relating to the contract?

14.09.11

Before you take the plunge. Back to basics on contracts - Part 2. Getting what you want - contracting on your own terms

So, you have a contract but on what terms? This should be such a simple question to answer but it's not always as easy as it sounds.

07.09.11

Before you take the plunge. Back to basics on contracts – Part 1. Contract? What contract?

It is crucial to know when a contract is formed and what its terms are. However, many contract disputes are arguments about whether or not there is a contract at all.

15.06.11

Before you take the plunge. International arbitration - Part 3. First come, first served? The court's views on anti-suit injunctions

In this, the third part of our mini series on international arbitration, we look at when parties might issue proceedings in their home courts, and what the options are if they do.

08.06.11

Before you take the plunge. International arbitration – Part 2. Which rules? Which venue?

Parties agree to use arbitration as their chosen method of dispute resolution either by an arbitration agreement in relation to future disputes or by a submission agreement once a dispute has arisen.

01.06.11

Before you take the plunge. International arbitration - Part 1. The pros and cons of international commercial arbitration

In this, the first part of our second 'before you take the plunge' mini series, we look at the pros and cons of international arbitration, including flexibility, privacy and confidentiality, pre-emptive remedies, speed and cost.

27.04.11

Before you take the plunge. Managing the costs of dispute resolution - Part 4. Focusing an opponent's mind on settlement

Making an offer of settlement under Part 36 of the Civil Procedure Rules (Part 36) is one of the most crucial tactical steps in litigation.

20.04.11

Before you take the plunge. Managing the costs of dispute resolution - Part 3. Share and share alike - contingency fees

One of the most groundbreaking recommendations in Jackson LJ's final report on litigation costs is the introduction of contingency fees.

18.04.11

Termination

We all hope nothing goes wrong with our contracts, but Nicola Lynch will be asking Clark Sargent how to manage it if we have to terminate our contracts.

13.04.11

Before you take the plunge. Managing the costs of dispute resolution - Part 2. Help I need somebody - is third party funding the answer?

For claimants that cannot afford to pursue a valid claim or have the resources but simply want to avoid the cash flow and/or costs risk of funding a piece of litigation, third party funding may be a viable option.

06.04.11

Before you take the plunge. Managing the costs of dispute resolution - Part 1. Funding litigation - can you cut the costs?

The use of conditional fee agreements (CFAs) and after the event (ATE) insurance enables litigants to bring claims which they may otherwise be unable, or unwilling, to pay for.

30.03.11

Civil litigation funding and costs - reform is on the way

Some 14 months after the publication of Lord Justice Jackson's Civil Litigation Costs Review, the Lord Chancellor and Secretary of State for Justice, the Rt Hon Kenneth Clarke QC MP, yesterday presented the Government's response as to how it would implement his recommendations.

22.09.10

E-disclosure - are you ready to sign?

Disclosure is an integral and essential part of the litigation process and in turn electronic disclosure is of growing importance within that disclosure process. 

15.09.10

Before you charge in - Part 9. At the heart of it: repudiatory breaches and termination

Poor performance, failure to meet deadlines, and failure to pay on time may all amount to breaches of contract. However, not all breaches of contract entitle the non-breaching party to treat the contract as terminated.

25.02.09

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

18.02.09

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

05.02.09

Research & Development tax credits - can you make or defend a claim?

The Research & Development (R&D) tax credits help companies to invest more in R&D either by reducing a company's tax bill or, for some loss-making small or medium sized companies (SMEs), by providing a cash sum.

28.01.09

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

13.05.08

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

04.01.06

Banking Bulletin - January 2006

The bank's loan was secured on the defendant's property. A second loan from the bank, part of which was used to discharge the first loan, was later secured on the property.

08.01.02

Banking Bulletin - January 2002

A bank's standard form loan agreement provided that on default of payment, the bank would be entitled to demand repayment of the outstanding balance and accrued interest, and also additional default interest until payment

07.10.01

Avoiding Undue Influence

The House of Lords handed down its judgment in the eight conjoined appeals making up the Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44 on 11 October 2001.

 

Press releases

20.04.11

Wragge & Co advises on landmark €20 billion defence contract

Wragge & Co has advised on the A400M defence procurement in Europe. Working with OCCAR, the firm advised on the re-negotiation of a ground-breaking €20 billion contract for the development and supply of up to 170 A400M military transport aircraft from Airbus Military S.L.

06.01.09

Wragge & Co advises AMEC on Sellafield contract bid

Wragge & Co LLP Corporate group has advised AMEC plc in relation to a successful award of the Sellafield nuclear facility contract. The Nuclear Management Partners (NMP) consortium comprises AMEC, URS Washington Division and Areva.

 

Published articles

There are currently no published articles for Clark Sargent.

 

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