Clare Mackay Legal Director | Commercial Litigation & Dispute Resolution Team

Expertise

I am a dispute resolution specialist, working with SMEs and individuals to find commercial solutions to complex and often acrimonious disputes. I have been described by Chambers & Partners as “the calm in a storm”, and I guide clients through the full life cycle of a dispute, whether bringing or defending a claim.

In most cases, clients want to resolve matters rather than fight. I focus on achieving that outcome. I am commercially astute and a tenacious, tactical negotiator. Whether before or after proceedings are issued, negotiation allows clients to stay in control, reach resolution faster, and reduce cost.

I have extensive experience in mediation and have seen even the most belligerent of litigants settle at, or shortly after, the process.

Where settlement is not possible, I will act robustly on your behalf, guiding you through the court process while continuing to pursue a negotiated outcome.

I provide clear, focused advice in plain English, not just on the law, but on strategy. I draw on experience from a wide range of disputes, both at SA Law and during the first ten years of my career with a Top 20 national firm and a City firm.

I recognise that litigation can be demanding and time-consuming. I work closely with you to keep things controlled and aligned with your objectives.

I am also instructed on potential disputes before they become contentious, advising on how to reduce risk and avoid escalation. This includes strategic advice on terminating long-term service agreements and other contractual arrangements.

In recent years, I have expanded my practice to include contentious probate disputes. These matters are often sensitive and emotionally charged. I act for claimants, defendants and personal representatives, bringing a steady, clear-headed approach to securing the right outcome.

Key Experience

Commercial Litigation

• Extensive experience of High Court litigation (including the Business & Property Courts and King’s Bench Division) and the County Court, often with an international element
• Experienced in urgent injunction applications to protect confidential information, enforce restrictive covenants, and freeze assets
• Act for both claimants and defendants in complex shareholder disputes, including unfair prejudice petitions under section 994 Companies Act 2006 and breach of shareholder agreements
• Represent clients in a broad range of contract disputes, including repudiatory breach, misrepresentation, and contractual interpretation
• Represented an international technology company in multi-jurisdiction LCIA arbitration arising from the termination of a distribution agreement, including defending a counterclaim in tort for inducing breach of contract
• Acted for a recruitment consultancy in injunction proceedings to restrain breaches of restrictive covenants and misuse of confidential information by a former employee
• Extensive experience in civil fraud matters, often involving employee misconduct, acting quickly to freeze and preserve assets and recover losses

Contentious Probate

• Act on claims under the Inheritance (Provision for Family and Dependants) Act 1975, where reasonable financial provision is sought from an estate for both claimants and defendants, with estates ranging from modest to seven figures
• Advise on challenges to wills based on lack of testamentary capacity, lack of knowledge and approval, and undue influence
• Bring and defend applications to remove personal representatives where estates are stalled or deadlocked

Education Law

• Act for families in school admission appeals, securing places at oversubscribed schools
• Advise on the duty to make reasonable adjustments for disabled pupils and on discrimination claims, including successfully defending a university in a five-day race discrimination trial
• Support and advise families following permanent exclusions in both the state and independent sectors