If you have had a dispute brewing and it has gone beyond email and telephone conversations between the parties, it may be that you need the expert advice of the solicitors in the Dispute Resolution team at Clifton Ingram.
There are two main types of Dispute Resolution:
- Adjudicative – which includes litigation and arbitration and where a judge or arbitrator determines the outcome; or
- Consensual – which involves mediation, conciliation or negotiation and where the parties come to an agreement between themselves, using the services of mediators and lawyers for advice and as intermediaries.
At Clifton Ingram, we take a practical, commercial approach to your matter and we offer bespoke advice and assistance tailored to your specific needs. We aim to keep costs down and get you a favourable result as quickly as possible, which often means we recommend alternative means of Dispute Resolution to avoid court, not only because it makes commercial sense to do so, but because courts require it.
Experience & Expertise
Below are some of our recent transactions:
- We acted in a dispute between two equal shareholders and directors. One had incorporated his business into the company and the other had contributed his skill and contacts, including the company’s main customer. They fell out and the former resigned as a director, but would not cooperate with our client, the surviving director, over the future of the company. The outgoing director was paid for the customers he had introduced, but then took a number of customers with him. It went to trial and settled on very favourable terms on the first day. They had no contracts of employment with the company or shareholders’ agreement.
- We acted for a director of a company which had paid huge dividends of about £1.3m to the families of two previous directors when there were insufficient profits. Our client was unaware of the financial side of the company and the liquidators of the company sued her for the return of the overpaid dividends. She had also bought the business of the company at an undervalue, so faced two claims. We successfully settled both, leaving the liquidators to pursue the recipients of the dividends.
- We acted for a partner in a limited liability partnership that had gone into liquidation. The Liquidators were pursuing the partner for return of her salary under the clawback provisions (s214A Insolvency Act 1986). We were able to persuade the Liquidators that as a result of her particular circumstances this provision did not apply to the client.
- Our client had been a director, secretary and 20% shareholder in a family business. Having been forced out our client wanted to dispose of her shares quickly before their value diminished as she had no confidence in the remaining directors’ management skills. Under the Articles she could only transfer her shares to the other shareholders and they refused to purchase them. As negotiations were impossible we forced matters to a head by bringing an unfair prejudice petition under s994 of the Companies Act 2006 and forced the other members to buy our client’s shares.
- Business partners had drafted their own partnership agreement which contained many ambiguities. On the dissolution of the partnership there was a radical disagreement as to the liability for outstanding business debts. We managed to negotiate a payment to our client in settlement.
- We brought a High Court action against our client’s previous employer for failing to honour the terms of his Compromise Agreement. The matter settled on very favourable terms to our client, but only when the case was set down for trial.
- We obtained a resolution to a dispute between clients and a bank arising out of a rate swap contract which the clients had been strongly encouraged to sign and which could have cost them far more than their previous mortgage.
- We negotiated a settlement for a tenant client where the landlord was refusing to honour a break notice, alleging that one day’s rent had not been paid.
- We successfully acted for companies who were owed considerable sums of money by major merchant bank for commissions and reports prepared for them, at a time when it seemed no invoices were being passed for payment.
- We reached a good settlement for pension trustees where they had mistakenly paid a pension lump sum twice and the recipient claimed he did not realize he had been overpaid and had invested the money.
- Obtained emergency injunctions in the High Court to freeze bank accounts in order to prevent a major fraud and then recovered the funds transferred.
In the Dispute Resolution department at Clifton Ingram, we will often be introduced to a matter that could have been brewing for months, maybe even years. We will work with you to tell you what we need from you in order to get ourselves up to date and plan out the best next steps for you. Our team of experienced solicitors are experts in reviewing documents and extrapolating the relevant facts in order to be able to put together a strong, successful case for you.
Dispute Resolution is time-consuming, expensive undertaking. At Clifton Ingram, we offer funding arrangements to make the process easier for you. Enquire with our helpline about Conditional Fee Arrangements (which you may have heard called no win-no fee agreements).
We will be honest and up front with you about whether or not you have a valid claim. Our straightforward, open and honest approach is to what we attribute our great record on client retention. Similarly, if you face a claim against you and come to us seeking to respond to it, we will be straightforward as to your prospects.
Clifton Ingram’s Dispute Resolution Team provides a full range of litigation, mediation and negotiation services to commercial clients. In the last few years the department has focused its attention on assisting SMEs in the tough economic times, providing free seminars on improving their credit control and to surveyors on dealing with dilapidations claims. The team has also assisted members of SMEs who have seen their shareholding jeopardised by the majority.
“Clifton Ingram LLP’s team head Jonathan Davis has recently been acting in a substantial PPI claim and a software dispute, with Robert Cherry the other key figure. The practice provides a ‘positive and no-nonsense approach’.”
Legal 500 Directory
Contact our Litigation & Dispute Resolution Lawyers in our Wokingham and Reading, Thames Valley offices
Our solicitors at Clifton Ingram can advise you on any aspect of a dispute and can handle your case swiftly and effectively. We are a highly experienced, proactive and down-to-earth team of solicitors; bringing a high quality and professional service to your local area. We regularly advise clients across the South East, including Berkshire, Hampshire, Oxfordshire, Surrey, Wiltshire and London. Speak to one of our team today to see how we can help on 0118 978 0099. Our solicitors will move fast to find a solution personal to you.