DISPUTE RESOLUTION

Having employed a professional service provider and finding yourself unhappy with the outcome, how do you know if this is inappropriate attention to detail or in fact negligence? The definition of negligence in a professional service environment is a breach of the duty of care, but how do you know that? This is where we can help, we have years of experience in bringing and defending claims against professionals.

If clients have found themselves in this situation, we act quickly to review either the incident or documentation to help establish if they do have a potential negligence claim against the other party.

As accredited mediators ourselves, a specialist skill in itself, we understand all the mediation routes so whether we’re advising directors, partners or employees, we’re able to assess both parties’ positions with a level of fairness and accuracy.

We also have extensive experience of designing and implementing in-house mediation in addition to undertaking the mediations ourselves.

Partnership mediation proves particularly effective when a partner is under performing and no longer justifies their profit share; or the pressure of work has led to extended time off; or where senior partners have been accused of harassment and bullying. However, there are other circumstances where mediation should be the first port of call for any partnership disagreements.

Contractual Disputes vary greatly. Examples include straightforward, relatively low-value debt claims to highly complex disputes arising out of all types of commercial transactions: sale of goods, supply of services, franchising, distribution and agency agreements, factoring and invoice discounting, insurance, security and guarantee agreements, sale of shares.

What they all have in common is the fact that they are based on prior agreements between parties and these are subject principally to a host of common law rules which date back, in some cases, centuries.

These can be a minefield to negotiate, however we bring our extensive experience to bear in interpreting and enforcing problematic contractual provisions for you.

Pursuing a claim with a foreign element can involve a bewildering array of considerations, from the location of the parties and of any property relevant to the dispute. Which country’s court has jurisdiction? Which country’s law should determine the claim? How will a judgment entered here be enforced abroad, and vice-versa? The rules vary from one county or region to another. The European Union brings a degree of uniformity, but not always clarity within Europe, however the rules relating to the other countries may be different.

Parties contemplating litigation with a foreign element need to consider which country will it be more cost-effective to bring a claim in, and which country’s law is potentially more advantageous.

With our expertise and experience we are well placed to advise, guide and assist you on these and any other related questions.

The internet presents challenges for those wanting to ensure that their reputation is not unfairly criticised by third parties. When people are able so easily to hide themselves behind anonymous usernames or accounts online, taking effective action to remove defamatory comments or posts is technical and time-consuming.

Our expertise in this area means that we can advise, guide and assist with the best steps to take with regards to removing online defamatory statements made against you by a third party, if necessary contacting website operators to protect and enforce your rights.

With more and more sharing of information, the ability for people to inappropriately access data for improper or illegal uses grows day by day.  Unfortunately this has exposed challenges and weaknesses in many businesses.

Whilst our commercial team work hard to make sure everyone has contracts that ensure their data is protected as best as it can be, there are still occasions where data protection laws will be breached and at this point we know and understand how important a quick pro-active response is.

These are just some of the areas we have recently advised on: misuse of information by former directors and employees, publication of defamatory statements on social media or newsprint, misuse of personal private information, complaints, requests and breaches under the Data Protection Act 2018 and GDPR.

Commercial property and landlord-tenant disputes can quickly divert your focus from your primary business objectives. Our skilled litigation team is dedicated to helping you resolve these issues efficiently and pragmatically, whether you’re a landlord, tenant, individual, or large corporation.

Our property litigation specialists combine sharp litigation expertise and commercial insight to craft the most effective strategies for achieving your goals. We recognise that many commercial property disputes involve long-term relationships between landlords and tenants, and we approach each case with clarity, sensitivity, and a thorough understanding of both sides.

From the outset, we collaborate with you to gain a clear understanding of your objectives and provide tailored, commercially driven advice. Our goal is to resolve disputes as early and amicably as possible, minimizing cost, time, and stress—avoiding court whenever we can. If a resolution cannot be reached informally, we offer various alternative dispute resolution methods, such as mediation and arbitration. And if litigation becomes necessary, our team has the expertise to represent you confidently at every level of court and tribunal.

We advise on all aspects of landlord and tenant matters, such as:

• Service of notices S25 and S26 under the Landlord and Tenant 1954 Act in contested and uncontested lease renewals, and progressing the matter to a conclusion
• Break Notices
• Forfeiture and Relief
• Breach of covenant claims, including for non-payment of rent
• Dilapidations
• Possession Proceedings
• Service charge disputes
• Tenant insolvency

We advise global manufacturing design and technology businesses, many of the UK’s most recognised brands and many SMEs.  The team pursues and defends cases in both the High Court and the Intellectual property Enterprise Court.

Sometimes, the nature of a legal dispute requires a remedy against another person as a matter of urgency. For example, a former employee may be soliciting your clients or customers for the benefit of his new employer. A competing business may have obtained sensitive commercial information which is confidential to your business, and intends to use it to its own advantage. A former spouse may be tweeting or publishing on social media embarrassing information of a personal nature about you.

In all these cases, speed is of the essence, as the damage must be contained before it becomes irreversible. Waiting for the Court to try the case in twelve months’ time may not be an option as the delay will render the remedy useless. In such circumstances, the Court may grant an interim injunction to prevent any wrongdoing on a provisional basis.

We understand that disputes of this nature can be distressing to those involved and that proactive and pragmatic advice, paired with sensitivity and discretion, is required.If you are in a situation that requires urgent action don’t delay in calling us, delay in bringing an application for an interim injunction may be a factor that counts against the application being granted.

Defamation means, usually the printed publication of statements about a person that detrimentally affect their reputation.

Classically, claims in defamation were brought against newspapers and other forms of mainstream media, however.

The proliferation of social media has caused the reach of this area of law to be vastly increased and be significantly reformed, principally to restricting the possibility of bringing claims in matters which the law would regard as trivial (an assessment which affected parties may beg to differ on!), and liability for inadvertent publication, e.g. by internet service providers.

We recommend specialist advice, preferably ours, should always be sort when entering into a dispute in this little understood field of law.

Sometimes estate administrations don’t always go smoothly or according to plan. This can be for a variety of reasons: beneficiaries falling out, difficulties with creditors, or challenges to the Will itself to name but three. We have a team of experienced litigators who can provide dedicated advice if an estate administration becomes contentious.

Here’s a snapshot of our recent experience:

• Successfully settling a claim under the Inheritance (Provision for Family & Dependants) Act 1975 on behalf of the deceased’s life partner (the deceased had died intestate)
• Making an application to the Court to remove and replace a professional Executor/Trustee
• Advising on a potential claim for rectification of a Will
• Acting for a beneficiary in a dispute with her siblings over chattels left by their late mother
• Pursuing a professional negligence claim against solicitors regarding the negligent preparation of a Discretionary Trust