Disputes can be difficult to escape in today’s society, particularly in a commercial setting. When a business dispute arises, it is crucial to work through it in a way that achieves a resolution in the swiftest, least expensive way with minimum disruption and commercial damage.
At Freemans Solicitors, we find that in most dispute situations, our commercial clients are eager to avoid adverse publicity and have a desire to ensure that relationships are not jeopardised. As such, we work closely with our clients to formulate a strategy to achieve an amicable and favourable conclusion.
If court action becomes necessary, we offer expert top-level representation courtesy of our specialist dispute resolution litigators who regularly represent clients in Court.. Their experience and proven ability to avoid a crisis situation are widely respected industry wide.
Our Dispute Resolution Services
Reputation management and a strong focus on absolute discretion are the core skills of our commercial dispute resolution solicitors. In addition, our cohesive team approach means we can deliver a fully joined-up strategy by calling upon the sophisticated knowledge of our litigation solicitors in the relevant areas of law.
Our dispute resolution services cover the following areas:
Commercial Debt Recovery and Insolvency
Whether you are seeking to pursue outstanding accounts, or need assistance in disputing a monetary claim being made against you; rational, tangible advice and personalised guidance is precisely what you will receive from our commercial debt recovery and insolvency experts.
When it comes to business related property, the combined knowledge of our dedicated property experts alongside that of our commercial property litigation solicitors is highly respected. If you are in the midst of a land, building or boundary dispute; are on either side of adverse possession proceedings; are trying to work through an issue concerning a right of way or right to light, or need to enforce a commercial lease covenant, our specialists are best-placed to assist.
Residential Landlord and Tenant
Residential tenancy disputes have the potential to become all-consuming and commercially damaging in terms of time and expense. If your residential tenant is in breach of their tenancy agreement, or you require expert guidance to evict a tenant and recover possession of the property, you will be able to rely fully on your dedicated Freemans litigation solicitors to lead you efficiently through each step for a swift, favourable and legally compliant outcome.
The combined expertise across our commercial property and litigation teams allows us to provide top-level knowledge in all areas of commercial landlord and tenant law. Our services include advice on terminating and renewal of commercial leases. We are experienced in representing clients through court proceedings for lease renewals (such as renewal proceedings under the Landlord and Tenant Act 1954); breach of commercial lease terms and end of tenancy dilapidations claims and guidance through rent reviews and bringing or defending service charge dispute claims.
The potential for contractual disputes in a commercial environment is wide ranging. Our commercial dispute resolution lawyers have extensive experience across the board and have achieved outstanding results following contract disputes of the most complex nature. Our expertise extends to disputes involving misrepresentation; forgery; defective goods and services; share purchase agreements; agency, distribution and supply/service agreements; franchise agreements and more.
In business, you rely heavily on your professional advisers in whom you place implicit trust every time a crucial commercial decision needs to be made. In the event that professional advice falls short of the duty of care that is owed, or where a professional acts negligently, you could be left in a precarious financial position, facing an investigation or worse, looking at criminal proceedings. At Freemans we have particular expertise in pursuing claims for professional negligence against accountants, solicitors, financial advisers, surveyors and other such professionals.
Disputes often arise because there are discrepancies or a lack of clarity within legal agreements. For the utmost in reassurance, a highly skilled litigation solicitor at Freemans will ensure the architecture and wording of your commercial agreements are absolutely watertight. We have specialist knowledge in the drafting of all types of business contracts including partnership and shareholder agreements; , policies and procedures; terms and conditions; health and safety policies; data protection policies; online contracts; booking agreements; disclaimers; warranties; loan agreements and sale/purchase agreements.
Negotiation and Alternative Dispute Resolution
The tactical use of negotiation and alternative dispute resolution (ADR), such as mediation or arbitration, may lead to quicker and more cost effective resolution of a dispute. Our commercial dispute resolution team are familiar with a range of ADR methods to try and resolve your dispute without the need for court action.
Litigation/Dispute Resolution Frequently Asked Questions
Are dispute resolution costs recoverable from the other side if we win?
In most cases in the County Court and High Court, the unsuccessful party will be ordered to pay the successful party’s costs. There are some exceptions, most notably small claims of less than £10,000.00. However, the court has full discretion on costs orders and decisions are only made once the case is concluded. In the majority of cases, the successful party can expect to recover around 60 per cent of the actual costs incurred. If there are extenuating circumstances, the court may order a higher amount.
Is there a time limit for bringing a claim?
In certain circumstances, there are time limits. For most disputes the limitation period is six years, although there are variations and sometimes special conditions will apply (such as professional negligence cases). Our litigation law solicitors will inform you accordingly with regards to the appropriate time limit for bringing your claim.
High quality advice
If you are facing a dispute, it is essential that you receive the highest level of advice, and that the advice you receive is fully personalised, strategic and focused on resolving your issues in the most amicable, cost-effective and time-efficient way possible.
At Freemans Solicitors, our commercial litigation/dispute resolution specialists have the experience and knowledge required to navigate you to a favourable outcome. Our dedicated team is waiting to assist so please contact them directly.