Commercial Litigation and Dispute Resolution
Dispute resolution covers a range of methods of avoiding or resolving legal disputes. These can involve a breach of contract, whether in writing or purely oral, a tort or civil wrong, or a breach of statutory duty such as many employment and insolvency-related disputes. Sometimes all can arise in the same case.
We have experience dealing with:
- Arbitration (including International Arbitration)
- Banking and Finance Litigation (include Hedge and Libor cases)
- Breach of Contract claims
- Civil Fraud (including confiscation orders and Proceeds of Crime Act claims and relief)
- Commercial Property and Land Disputes
- Company and Business Law disputes
- Consumer Credit
- Debt Recovery
- Directors Claims (including breach of duties and personal guarantees) and Shareholder Disputes
- Employment Litigation and Covenants (including issuing and defending injunctions)
- Expert Determination
- HMRC and Border Force disputes
- Insurance Disputes
- Intellectual Property
- Joint Venture disputes
- Judicial Reviews
- Partnership Disputes and LLPs
- Professional Negligence
- Tort of Deceit Claims
Increasingly we regard our role as helping clients avoid or at least minimise involvement in disputes, and measure our success for our clients as much in terms of problems avoided or effectively negotiated away, as in numbers of victories in Court. Much of the work of our Company and Commercial lawyers is aimed at reducing the risk and ambit of disputes within a business relationship by agreeing and clearly documenting the respective parties’ responsibilities.
If you are however involved or anticipate being involved in a dispute we can:
- analyse the situation
- provide a risk assessment
- advise you on your position
- work with you on the best way forward
This can range from a conciliatory and low-key approach to a much more robust and aggressive stance if that is what the situation and your best interests demand. We can discuss a possible range of funding arrangements, including in appropriate cases, Conditional Fee (“no win-no fee”) agreements.
Where appropriate we will not hold back in advising you that your legal position is weak and helping you to get out quickly and cost effectively. We recognise that an unnecessarily prolonged dispute can be counter-productive, not only in excessive legal costs, but also in terms of wasted time and damage to business and personal reputations and relationships.
How to advance your case
In more positive cases we will advise you on the best ways in which to advance your case. This can range from straightforward negotiations with your opponent or their lawyers, through to more formal mediation using an independent Chairman to help the parties to reach their own privately negotiated settlement without the involvement of the public Courts. In some cases the right or the only way forward is to become involved in Court or Arbitration or other Tribunal proceedings.
Court proceedings can involve an urgent injunction in substantial and urgent matters - for example to compel compliance with a major contract or to stop the misuse of confidential information, the publication of a libel, the dissipation of defrauded funds or the export of stolen assets.
All members of our team have a wealth of experience in all these methods of dispute resolution.
Peter is also experienced and has recently dealt with High Court injunctions acting for both Employer and Employee in High Court Claims seeking to enforce and defence breaches of restrictive covenants in contracts of employment and breach of confidential information claims.
Where necessary we instruct other expert professionals on your behalf to bring in their particular specialist knowledge and expertise for example in disputes involving detailed forensic accounting, surveying or other technical issues. In more substantial cases and especially those likely to involve Court appearances we will generally instruct appropriate specialist Counsel to represent you in the proceedings whether being heard in the local Courts or Tribunals or in the High Court or other Courts in London.