Resolving disputes

Virtually all businesses will need to resolve disputes of some nature from time to time.

They may be perceived as a minor irritation but in more serious cases they can severely disrupt cash flow, the ability to win future contracts and affect the reputation of your business within the wider business community.

Our dedicated team provides realistic advice on the options available to resolve the matter, via mediation, arbitration, negotiation or litigation. We then pursue the appropriate course of action to resolve the dispute in the most cost-effective way. Wherever possible, we avoid the disruption and costs of litigation by encouraging parties to mediate or negotiate a settlement before the case reaches court.

We aim to resolve your disputes and bring them to a successful conclusion but, when required, our services extend to providing full representation in the courts, at tribunals, inquiries (including public inquiries) and arbitration hearings.

Building disputes

Building disputes cover a range of issues from ensuring that your premises meet the latest Health and Safety requirements to dealing with contractors and County Councils.

We also provide advice on resolving building related disputes resulting from developing industrial, commercial and residential property, managing agricultural land and buildings to construction issues with contractors.

Debt recovery

We can help your business maintain cash flow by providing debt recovery services and pursuing debtors on your behalf. From recovering a single debt to dealing with all your debt recovery work, we aim to recover unpaid debts quickly and cost-effectively, but always with a view to protecting the business relationship between clients and their debtors.

Disputes with customers and warranty claims

We can advise on consumer or sale of goods legislation and how it affects manufacturers, wholesalers and retailers for all aspects of current consumer legislation, rights and remedies, including warranty and guarantee claims.

We can also review the contract terms and conditions you have in place to ascertain the rights of all parties involved and, where required, represent your business to resolve any disputes with customers.

Fiduciary duty claims

Company Directors and Officers may face a range of potential legal actions in the course of carrying out their duties - from allegations of breach of trust to neglect, omission, libel, slander and wrongful trading. Equally, prosecution may sometimes be required against former employees where their actions have involved a breach of their fiduciary duties at the time they were employees.

In either event, we can review the situation for the business involved and provide advice on the potential for liability. If required, we can assist with any subsequent investigation or prosecution, including recovery of funds or tracing of assets.

Insurance matters

We can act for either claimants or defendants for insurance related disputes, including giving advice on the scope for negotiation or mediation.

We strongly recommend businesses take a proactive stance on insurance matters and review any potential liability, taking appropriate action to mitigate any claims. Alternatively, insurance cover should be considered to cover the liability - our services extend to reviewing your situation, explaining what may be required and helping to arrange cover, where requested.

Partnership and shareholder disputes

We can assist with disputes between partners or shareholders with or without a formal agreement. We can review the Partnership Deed or Shareholders' Agreement to examine the terms originally agreed and any subsequent amendment before providing advice on the most practical way forward to deal with any dispute.

Landlord and tenant disputes

Our team can advise on all aspects of property litigation. This includes the granting of new tenancies, claims against tenants, claims on behalf of tenants (including service of statutory notices), quitting of premises and statutory compensation claims.

We also handle mortgage related disputes, forfeiture of leases, boundary disputes (including dealing with rights of way and other easements) and arranging processes for the removal of trespassers from land.

Regulatory disputes and investigations

We can assist with investigations and disputes with authorities or regulators. This includes getting to the issues involved quickly and acting appropriately to minimise business disruption.

We have experience of assisting clients faced with investigations from various different regulators including Financial Services Authority, Environment Agency, Office of Fair Trading and the Serious and Organised Crime Agency.