Resolving commercial disputes

We identify the strengths and weaknesses of your position in your commercial dispute, enabling you to plan the right strategy. Our approach is to seek a negotiated out of court resolution that is in your best interests. Where a dispute progresses to court proceedings or formal litigation, we will work with you to bring in an appropriate specialist to handle that stage.

Please get in touch for an initial review of the prospects of success. We provide fee estimates for each stage of a business dispute.

Legal support to resolve business disputes

We have experience in commercial dispute resolution and a proven track record in helping clients resolve disputes, including :-

• Contract disputes and breach of contract claims;
• Debt recovery and insolvency;
• Shareholder and director disputes;
• Partnership disputes;
• IP disputes;
• Commercial fraud;
• Court Injunctions, where appropriate with specialist litigation support;
• Trademark, copyright and patent claims;
• Breach of warranty and misrepresentation claims;
• Corporate disputes including disputes relating to business purchases, Management Buy-Outs or Buy-Ins or earn-outs;
• Joint venture disputes;

Commercial dispute strategy

A good dispute resolution strategy will take into account not just the law and the evidence, but many other factors.  The basics are:

• Strength of the evidence;
• Likely legal costs if you win or lose;
• Tactics and timing – in most cases there will be a strategic opportunity to reach a settlement. Understanding when that time is and having the right negotiation strategy and experience are crucial;
• Can the case be settled?

Go to court or Alternative Dispute Resolution? 

Usually, you will be best served to agree a commercial settlement with the opponent and Alternative Dispute Resolution, such as mediation or arbitration can be a useful tool to encourage an out-of-court settlement.

Before deciding to commence formal proceedings, you will need in many cases to check underlying contracts which may include clauses requiring some form of Alternative Dispute Resolution (ADR) or mediation. The UK courts also in many situations require parties to try dispute resolution before formal court litigation.

Tactics, timing and intelligent use of ADR and, where necessary, specialist litigation support generally not only save on costs but also bring finality to the dispute. Settlement can be reached at any time before or during formal proceedings.

We can help you assess your position, develop a strategy and pursue a negotiated resolution. If court proceedings or formal litigation become necessary, we will help you bring in an appropriate specialist to handle the litigation stage.

Get in touch to discuss your commercial dispute and to find out more about our experience, approach and how we can help.