Commercial Disputes

For any business, their contracts enshrine and safeguard their relationships with their clients and suppliers. We have a highly experienced team of commercial litigation solicitors with a successful track record of dealing with a wide range of commercial disputes, including complex contractual claims, quickly and cost-effectively.

We have expertise and experience in all manner of commercial disputes including dealing with High Court claims, arbitration, mediation, contract interpretation, emergency injunctions and retention of title clauses. We pride ourselves in advising commercial clients in a practical and effective way, ensuring that your commercial interests are protected whether you are looking to enforce the terms of a contract or are responding to a claim made against your business.

Operating a business may not always run smoothly, especially when a director is suspected of breaching a fiduciary duty. Prompt action may be required to protect the interests of the business, minority shareholders or Directors such as applying for an emergency injunction.

It may become apparent there is a deadlock dispute between directors/shareholders, and we can assist with negotiations between parties or throughout a mediation or arbitration process. If negotiations between parties do not prove fruitful, an application to Court may be necessary. We remind clients that making an application to Court is always a last resort and assist clients with resolving their issues without the need of Court proceedings.

You may be in the process of selling your business due to the relationship of the owners breaking down. We can assist parties who find themselves in disagreement as to split/buyout.

We can also assist clients with applications to reinstate a company or where permission of the Court is required to remove documents delivered to Companies House.

With a large and historic client base of commercial property owners including developers, trusts and individual investors we have a wealth of experience in our litigation team in dealing with all manner of commercial property disputes.

Commercial property is a highly specialised area of law, and our litigation and commercial property teams will often work closely together in providing our clients with a seamless service dealing with all legal services in respect of their commercial property portfolio.

Our services include:

• Lease renewal proceedings, including landlords opposing renewal under permitted grounds,
• Judicial review of Planning permission decisions
• Disputes relating to site acquisitions and property development
• Breach of covenants under a Lease
• Dilapidations claims
• Easements and Rights of way disputes
• Lease break clause disputes
• Breach of restrictive covenants
• Forfeiture and Possession
• Rent and service charge recovery

Unpaid invoices or contracts

We understand how important cashflow is for our client’s businesses and how unpaid invoices can have an adverse effect on their business and future growth. We will review all terms and conditions to ascertain the relevant clauses to support the case for repayment. There may be retention of title clauses to allow goods to be retained where payment is not received. Parties may also rely upon personal guarantees in circumstances where payment has not been made by the contracting party. There are often various options in terms of enforcement all of which we will consider and advise upon.

We ensure that the relevant Pre-Action Protocol for debt recovery is adhered to before issuing a claim at court, protecting the client against adverse costs orders, and in order to firstly attempt to secure payment or agree a payment plan. If payment is not forthcoming, we can assist with issuing a claim in the county court and obtaining default judgment if the debtor fails to respond to the claim.

Bankruptcy/insolvency

In certain circumstances, it may be appropriate to issue a statutory demand against the individual or company who owes money with a view to presenting a bankruptcy or winding up petition, if certain criteria is met. We can assist with making a statutory demand, presenting a bankruptcy or winding up petition and deal with subsequent court hearings. We also advise clients who have received a statutory demand or a bankruptcy or winding up petition.

Is a competitor using, copying or exploiting your brand name, logo, or design without your consent? We can help you enforce and protect your rights to stop the competitor from making profits from their infringement. Should a court application be necessary, a court may order an injunction, damages, destruction or delivery up.

If you have registered your intellectual property rights at the relevant Intellectual Property Office, this will of course help your case.

We also represent clients who have been accused of an infringement and have experience of defending such claims in the Intellectual Property Enterprise Court which is a division of the High Court of Justice.

Defamation and slander can cause reputational damage to an individual or a business.

Written defamation is also known as libel and spoken defamation is known as slander.

If someone has broadcast, posted online, printed, or written defamatory comments which have caused or may be likely to cause, you and/or your business to suffer financial loss or reputational damage, please contact us so we can advise you on the merits of your claim; you may be entitled to damages and injunctive relief. With such claims, there is a short limitation period (usually 12 months) so please get in contact with us as soon as possible when such an issue arises.

Judicial review is a method of having the lawfulness of a decision made by a public body reviewed. A judicial review can be used to challenge environmental and planning decisions made by local authorities. Judicial review is not a way to appeal the ruling but rather have the way the ruling was reached investigated in circumstances where a decision maker has erred in law. There are three grounds to have a decision reviewed: illegality, procedural unfairness or irrationality. A claim must be made within a certain date of the original decision, and it is therefore very important to act quickly.

If you want your business to sell alcohol, provide hot food and drink, or provide entertainment such as live music, you will need an appropriate licence for your premises.

We have experience in obtaining Premises licences for our commercial clients in the teeth of objections from local residents and Parish Councils. Licences for premises can be complex and invariably include specific conditions that may hamper your business before it begins, so it is important to seek advice early.

If you have need for a Premises Licence, speak to our litigation team and we will be happy to advise and assist.