"Carl doesn’t sit on the fence; he offers clear and pragmatic advice with a key focus on the wider commercial issues."
Carl Holmes is an experienced commercial litigator, dealing with a varied commercial dispute resolution caseload across a breadth of business sectors. He has a particular focus on commercial and contract law disputes and professional negligence claims.
Carl has experience of all dispute resolution forums including the High Court and Court of Appeal, arbitration, expert determination and ADR (Alternative Dispute Resolution) including the proactive use of mediation.
- Leading a team of fee earners across a number of different offices in securing on behalf of the respondents the discharge of a worldwide freezing injunction and asset preservation/computer imaging. This was in support of Israeli proceedings under the Civil Jurisdiction and Judgments Act 1982 s.25, where the court found that there was no real risk of dissipation – Kanev-Lipinski v Lipinski  EWHC 475 (QB).
- Acting on behalf of a multi-national packaging company in securing, at a pre-action stage, a consensual disc imaging order. The order was provided for the forensic examination of electronic devices belonging to a former employee who was in breach of contract and breach of duty. He had retained and misused for his benefit and for the benefit of his new employer (a company that was our clients principal competitor in the UK and Irish market) a very significant quantity of confidential information. This information had the potential to cause very significant and unquantifiable harm to the client’s commercial interests.
- Acting on behalf of a large national house builder in pursuing a seven figure damages claim against a number of professional advisors. This was to recover the costs and expense of undertaking significant structural repairs as a result of the failure of the foundations of a block of twelve flats. Due to limitation, it was necessary to issue protective proceedings and ensure retrospective compliance with the pre-action protocol process, which resulted in a successful negotiated settlement at a four party mediation.
- Successfully representing through to trial the online division of one of Europe’s leading betting and gaming companies. This involved a claim brought by an Italian national seeking to recover over €700,000 in relation to ‘winnings’ on an online game that was subject to a software bug, which misstated the balance of his gambling account . The case, which potentially had profound implications for the online gambling industry, was widely reported in both the national and international media and made the Telegraph’s Top 10 biggest computer failure cases of 2012 – see Venturi v Eurobet UK Ltd  EWHC 2139 (QB).
Carl has built up impressive expertise in retail-related litigation, acting for a range of retailers from groceries to gaming. He has advised on a variety of high value disputes, arising in a retail context and which often include sensitive issues in respect of retail specific regulatory and statutory compliance.
- Working across jurisdictions with a firm of Scottish lawyers in a claim concerning the interpretation of a retail bet which stated “Rangers to be relegated from the SPL”. The claim was successfully defended at trial with the court agreeing that in assessing the terms of the bet, account must be taken of the particular rules of the sport in question.
- Albert Ian Kinloch v Coral Racing Limited  COSH 43 – The SPL rules provided the underlying provisions which set out how and when a team is relegated. Lord Bannatyne sitting in the Outer House, Court of Session found that the events which led to Rangers playing in the Scottish Third Division in the 2012/2013 season did not amount to relegation and thus the bet was a losing one.
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