Litigation

Disputes are an unfortunate reality of business.  Our team can assist and advise you through what can be a difficult time for both you and your business in the following situations:-

Contract disputes

Disputes can, and often do, arise over any transactions you have entered into and services you agreed on.  We can assist and guide you toward reaching a resolution either by way of negotiation or, via the Courts as a last resort should you or your business find yourself in such a situation.

Professional negligence

From time to time professionals make mistakes and these can have a serious impact on you personally or your business.  We can act on your behalf in securing damages if you have received negligent advice or service from a professional advisor.

Shareholder and Partnership disputes

Sometimes a simple break in the personal relationship between business partners is sufficient to provide a reason to break up the company.  Alternatively, it may be that there are distinct business differences or life choices which lead to the need to split.

We can promptly implement the right strategy for achieving a satisfactory settlement.  We take a practical approach to each case and accurately assess when to consider mediation or other forms of dispute resolution, ranging from facilitating an informal conclusion to pursuing the case in Court.

Unfair prejudice actions

Business relationships don’t always work out as hoped and events can very often lead to a complete breakdown of the business relationship.  Shareholders may be aggrieved for many reasons for example, have concerns about the way in which the company is being managed and feel that they are being prejudiced.  We can assist you in identifying if any such prejudice exists and if so, how to remedy the situation.

Property litigation

Our litigation team work closely with our commercial property department to provide a full service to our clients in order to complete transactions negotiated between parties or, to give effect to Court Orders where appropriate.  If you have a dispute relating to property, including boundary disputes, nuisance or building disputes (such as Party Wall Act actions), we can help you with cost-effective and pragmatic advice.

Landlord and Tenant Act lease renewals

A tenant of a business lease has a statutory right to a lease renewal at the end of the contractual term if it satisfies certain criteria under the Landlord & Tenant Act 1985 (“the Act”).   There are different procedures for termination and renewal of a lease under the Act depending on who initiates them. The landlord initiates termination or renewal of a tenancy by serving a Section 25 notice and the tenant initiates renewal of a tenancy by serving a Section 26 request.  Our team can assist you in either scenario.

Dilapidation claims

It is common for these claims to relate to repairs that a tenant has failed to implement.   We understand that as a landlord it is crucial that you are able to re-let your property without having a substantial rent-free period in which your property is repaired.   If the situation arises in which an agreement cannot be reached with regards to repairs our team will provide you with options on how best to proceed.

We can help at the outset of your exciting new business venture by advising and drafting the required agreements and documents listed, but not limited to, below:-

Company Incorporations

If you want to incorporate a company limited by shares or guarantee then we can assist you with the incorporation process.  We have experience the formation of companies along with the preparation of the company’s Statutory Registers and the Articles of Association.

Shareholder Agreements

A Shareholders Agreement is a contract between the individual shareholders and the company.  The Agreement is designed to set out the rights and duties of the shareholders and to regulate the affairs of the company at key moments its lifespan such as the annual business plan, what happens when the shareholders wish to retire from the business and a procedure for when decision making becomes deadlock.

Partnership Agreements

A Partnership Agreement is an important constitutional document of any partnership.  The Agreement regulates the roles of the partners and sets down what happens with the finances of the partnership, what happens when a partner retires or new partners are appointed.  Having an effective Partnership Agreement can ensure the smooth operation of the business by ensuring that there is a clear framework for how the partners are to operate.

Terms and Conditions of Business

If you are contracting with other businesses it is important to ensure that the contract which you are proposing to utilise adequately represents your position.  We can assist you in the preparation of such contracts and advise on any proposed amendments.  We are also able to advise on any business to business contracts received by you from a legal and commercial risk basis.

In dispute resolution, going to Court is very much a last resort.  We will discuss with you the alternatives of litigation such as mediation or arbitration.

• Mediation can take place at any stage of the dispute. The advantages of mediation are that the parties can settle the dispute without the need of a lengthy trial which can be uncertain due to the nature of litigation.
• Arbitration is an alternative to the traditional trial based dispute resolution. The process uses a trained arbitrator often an experienced Barrister or Solicitor to determine a dispute and issue a binding agreement on the parties.  The benefit of arbitration is that it is often quicker and more cost effective than other forms of litigation.

Serious injury claims

Our team understand that serious injuries can have a significant impact not only to the lives of those injured but also their families.  We will support you through this difficult time and ensure that your serious injury compensation claim is progressed as easy as possible.  We can assist you with injury claims on a Conditional Fee Agreement funding basis including (but not limited to):-

• Traumatic amputations;
• Loss or fractures to limbs.

Fatal accident claims

We understand that dealing with a claim at such a difficult and emotional time following the death of a loved one as a result of an accident can be overwhelming. A claim can be brought on behalf of the estate of the deceased, or by a person who was financially dependent upon the deceased against anyone found to be responsible for the death. Our team are experienced at helping families come to terms with their loss and begin to plan for the future.