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No one likes disputes. At best they are a worrying distraction and at worst they can be extremely disruptive and costly. When a commercial dispute seems unavoidable, it is best to seek expert advice before positions become entrenched and relationships break down completely.
It is generally preferable to resolve disputes without going to court. Court cases can be costly, stressful and time-consuming and settling the case before it gets to that stage, through negotiation or some form of alternative dispute resolution, such as mediation is our objective.
We aim to resolve your dispute by pursuing the most cost-effective and satisfactory solution that lets you get back to doing business.
We advise on:
Contracts are a daily part of life. They are entered into as second nature in all aspects of your daily routine, from purchasing your coffee or buying a train ticket to purchasing commercial goods/services. Usually these transactions complete without a hitch, but on the occasion that you do encounter a problem, our team is on hand to advise on the best way to resolve the issue as quickly and as cheaply as possible.
Sometimes, disputes in the construction world are unavoidable – missed deadlines, faulty work, delay in work progression can all give rise to disputes. We can provide tailored advice to all areas of the construction sector to assist with your issue, endeavouring to get the best outcome through a multitude of methods, be it court proceedings, adjudication or mediation.
When your commercial lease comes to an end, there will usually be a provision requiring the tenant to put the property back into the condition it was in at the beginning of the tenancy and to carry out remedial works. Where the parties can’t agree on what works need to be carried out, and working in tandem with your surveyor, we can assist in applying to the court to resolve the dispute.
Landlord and Tenant Act 1954 Lease renewal proceedings
Certain commercial tenancies automatically entitle you to a further lease when the initial term comes to an end. If the parties are unable to agree terms between themselves, it is sometimes necessary to apply to the court to determine what the terms of that new lease should be. We can advise on and assist with those proceedings.
Partner Dispute Resolution
Our team have experience in helping to resolve partnership disputes. These types of disputes, if left unmanaged, can lead to serious disruption in the daily running of your business, and even jeopardise the business itself.
Director and Shareholder/Company Disputes
Disputes between directors, or between directors and shareholders, can paralyse and even destroy companies – especially in family-owned businesses and in SMEs. We can advise on the best way to try to resolve such disputes quickly and to minimise the scope for long-term damage to the business. We can also advise minority shareholders on what action they can take if they believe that the way in which the company is being run is unfairly prejudicing them.
“Soft” Intellectual Property
We can advise on a variety of intellectual property disputes, including claims of “passing off” – where a competitor is using a confusingly similar name or imagery in an attempt to take advantage of established goodwill belonging to your business. We can also advise on claims where someone – for instance, a former employee – is seeking to use confidential information belonging to you which would cause loss.
Unfortunately, we are unable to advise on intellectual property disputes involving patents or trade marks.
Commercial Landlord and Tenant
We can advise on a broad range of property disputes for both landlord and tenant including forfeiture, breach of covenant claims and recovery of rent arrears. Our team offer tailored advice to ensure that the best solution and outcome is reached.
Our experienced team can assist in debt recovery should you encounter any payment problems, and in taking court action to recover monies owed to your business when customers can’t or won’t pay.