When running a business, it is almost inevitable that you will run into some form of dispute. When this happens, it’s essential to have the support of experienced Commercial Litigation and Dispute Resolution solicitors at your disposal to help you manage any potential risks to your business as well as handle any disputes quickly and efficiently, freeing up time to focus on your business’s development.
If not handled immediately, commercial disputes can quickly spiral into a larger issue, potentially costing you precious money and time. 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 & Litigation 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 and Litigation to avoid court, not only because it makes commercial sense to do so but because courts require it.
In the Dispute Resolution and Litigation 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 Commercial Litigation lawyers in Farnham, Wokingham, and Reading are experts in reviewing documents and gathering the relevant facts in order to be able to put together a strong, successful case for you.
Dispute Resolution and Litigation are time-consuming and an 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 upfront with you about whether or not you have a valid claim. Our straightforward, open and honest approach is what we attribute our great record on client retention to. Similarly, if you face a claim and would like us to respond to it on your behalf, we will be straightforward about the potential outcomes.
Clifton Ingram’s Dispute Resolution and Litigation 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 has recently been acting in a substantial PPI claim and a software dispute, with Robert Cherry a key figure. The practice provides a ‘positive and no-nonsense approach’.”
Legal 500 Directory
Frequently asked questions
What is the difference between litigation and dispute resolution?
Litigation involves taking your case to court, where a solicitor will argue your case on your behalf and a judge will decide on the outcome of the case, using their many years of experience and knowledge. This is often a time-consuming and expensive process and involves many formal procedures.
On the other hand, dispute resolution involves meeting with the opposing party in a neutral setting and using various methods such as mediation, collaborative law or arbitration to find a mutually agreeable solution outside of the court. This is a widely popular method as it is almost always less time consuming and less expensive than going through the court system.
In simple terms, litigation refers to going to court and letting a judge decide on the outcome of your case and dispute resolution means negotiating outside of the court. Our Commercial Litigation and Dispute Resolution solicitors in Farnham, Wokingham, and Reading have specialised expertise in this field and are available to answer any questions you may have regarding your case.
What is an example of a commercial dispute?
A common example of a commercial dispute would be a breach of contract between two businesses. If one company has failed to deliver goods or services as agreed in a contract between the two parties, the other party may seek legal action to claim damages or terminate the contract.
There are many different forms of commercial disputes, such as disagreements over the quality of goods provided and issues with non-disclosure agreements and payment terms.
Our dispute resolution solicitors in Farnham, Wokingham, and Reading have the expertise and knowledge required to efficiently resolve the majority of commercial disputes in an amicable fashion, helping protect your financial interests whilst preserving your important business relationships.
Why do you need commercial litigation?
Commercial litigation is an important legal practice for every business. First, it is necessary as a way of enforcing contractual agreements between two businesses, as otherwise, businesses would have free reign to provide poor quality goods and services to their partners without consequences.
It helps to protect the legal rights of both businesses and individuals by providing a framework to make and defend various claims.
It is also vital in the process of resolving conflicts and disagreements between two parties when working together, such as business disputes and breaches of contracts.
How do you resolve a commercial dispute?
Should you find yourself in a commercial dispute, there are a variety of options available to you. It is important when attempting to resolve a commercial dispute that you work with an experienced commercial dispute lawyer, as having their knowledge and expertise will make the entire process run more smoothly and have less risk of negatively affecting your business in the long run.
There are various methods of alternative dispute resolution (ADR), including:
Negotiation
The first step of resolving a commercial dispute is typically negotiation talks between the two parties, either directly or through legal representatives such as solicitors. These talks generally involve the two parties discussing their issues regarding the dispute and working together to reach an agreeable solution without the need for litigation. These negotiations can be either informal or structured and can result in one party paying the other compensation or another form of settlement.
Mediation
Should negotiation talks fail, another option is mediation. This method involves a neutral third party working with each party to help to reach an agreement. The mediator will facilitate communication between the two parties, suggesting potential resolutions and identifying common ground.
It is important to note that the mediator is not present to identify the solution, rather they are there to help the parties involved find the best resolution for the situation. Also, mediation is non-binding, so the parties involved have no obligation to reach an agreement unless they choose to.
Arbitration
Arbitration involves a neutral arbitrator (or panel of arbitrators) listening to the evidence presented by both parties and evaluating each argument. Once this has been done, they will deliberate and then make a binding decision to resolve the dispute. It is essential to understand that this decision is final and can be enforced in court proceedings.
Our Commercial Litigation and Dispute Resolution in Farnham, Wokingham, and Reading have particular expertise in multiple methods of ADR and are available to answer any questions should you be considering your options regarding how to best resolve your commercial dispute.
Litigation
Sometimes, dispute resolution outside of the court is not always possible, in which case you will likely have to go to court, where each party will present their case to the judge. The judge will then make a legally binding decision based on the evidence heard. This can often be costly and time consuming for clients, so we try our best to avoid it where possible.
Should ADR methods fail or not be suitable for your circumstances, our Commercial Litigation and Dispute Resolution in Farnham, Wokingham, and Reading can provide excellent representation in court.
Case Studies
Below are some of our recent transactions:
- We acted in a dispute between two equal shareholders and directors, with one having incorporated his business into the company and the other having 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 sued her for the return of the overpaid dividends. She had also bought the company business at an undervalue, so she 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 the 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 was 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 settlement payment for our client.
- 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 a 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 realise 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.
Contact our Dispute Resolution & Litigation Lawyers in our Farnham, Reading, Wokingham, Thames Valley and M3 Corridor offices
Our Commercial Litigation and Dispute Resolution in Farnham, Wokingham, and Reading can advise you on any aspect of a dispute and can handle your case swiftly and effectively. We are an experienced and proactive 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 that is personal to you.