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Resolving disputes

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

In more serious cases a dispute can severely disrupt cash flow, the ability to win future contracts and affect the reputation of your business within the wider business community. The Civil Procedure Rules (CPR) which now govern most forms of court action now attach a major emphasis to the conduct of the parties both prior to and during court action. You therefore need advice from the very outset of any dispute.

Our dedicated team provide 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 (as required by the CPR), we avoid the disruption and costs of litigation by encouraging parties to mediate or negotiate a settlement before the case reaches court. In other appropriate cases we recognise the need for robust advice and swift and effective action.

We aim to resolve your disputes and bring them to a successful conclusion and, when required, our services extend to providing full representation at court.

Building disputes

Building and construction disputes cover a range of diverse contractual and other legal issues. We can provide advice on resolving building related disputes resulting from developing industrial, commercial and residential property, managing agricultural land and buildings or construction issues with contractors.

Business to business debt recovery

In the present economic climate, we recognise that nothing is more important to you than cash flow and the recovery of aged and disputed debts. 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. We have many substantial and long established clients who use this service as our approach is as swift, robust and cost effective as the court system will permit. We welcome further instructions from clients who wish to utilise this valuable service.

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.

Disputes between shareholders and directors

Not every business or personal relationship is a success. We can advise upon severing the relationship between directors and shareholders when a business relationship goes wrong.

We can advise upon the rights and obligations of the parties in relation to a Shareholders Agreement or Directors Service Agreement (or where there is no formal documentation exists).

Where the dispute between shareholders or directors cannot be resolved otherwise, we can advise and assist where court action is necessary.

Insurance matters

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

Partnership disputes

We can assist with disputes in partnerships with or without a formal written partnership agreement. We can review the Partnership Deed to examine the terms originally agreed and any subsequent amendments, before providing advice on the most practical way forward to deal with any dispute.

Where the Partnership dispute cannot be resolved we can provide assistance to dissolve the partnership without involving court action.

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 forfeiture of leases, property litigation (including dealing with rights of way and other easements) and arranging processes for the removal of trespassers from land.

For advice on Employment Law issues contact: Adam Leece, Associate Solicitor.