What is Commercial Litigation?
Commercial Litigation is an umbrella term, used for any dispute resolution claims that arise within a corporate context – perhaps between a company and contractor or shareholder.
Commercial litigation claims can be complicated and it can take a while to reach a satisfactory outcome.
Our specialist commercial litigation solicitors in Southport can help and advise you with a number of issues including:
Contract Breach Claims
Corporate contracts are essential to any business and it’s vital that all parties understand their terms as well as the implications they will face in the event of a contractual breach.
Simple errors written within a contract can be easily overlooked but can lead to expensive and potential damaging claims for a business.
In other cases, it may be the employee in the wrong, for example, if they consistently fail to adhere to the terms which are clearly set out in their contract.
If an agreement regarding the breach cannot be resolved within the workplace, then our professional commercial solicitors can step in – representing your business in the resolution process, with the intention to obtain suitable compensation.
Disputed Partnership Agreements
Collaboration is becoming more and more commonplace and with it a rise in disputed partnership agreements.
Partnerships are hugely beneficial for business growth but disagreements are inevitable at some stage.
Some may be minor and easy to resolve inhouse, however, more substantial disagreements such as disputes over property, asset ownership, insolvency issues will need intervention.
To resolve any of these partnership issues, the best thing to do is instruct one of our expert commercial litigation solicitors, who will assist you in working towards a satisfactory resolution.
Shareholder Disputes
It is relatively common for organisations to experience shareholder disputes. They are usually a result of a conflict of interest – such as disagreements regarding the direction of a business, how it is being managed, or even the conduct of illegal activity.
Any of these factors can result in a breakdown in relationships which can be detrimental to business.
To ensure your business remains successful and shareholder partnerships stay intact, our team can offer you the advice and guidance you need to continue your business as usual.
Dispute Resolution & Insolvency Issues
Dispute resolution is the process of settling or resolving a dispute between parties. This can be done using a variety of methods, from litigation to mediation.
Our experienced dispute resolution solicitors in Southport can save you and your business time and money by working with you to come to the amicable and fair outcome.
Disputes are becoming more and more common, and dealing with them in a proactive and positive way is important in order to try to maintain a working relationship with the other Party and also avoid any negative publicity that can accompany a dispute.
We’ll work with you to try and avoid the Courts where possible; exploring other practical and cost-effective avenues such as mediation or other forms of alternative dispute resolution (ADR).
If litigation becomes inevitable, our specialist dispute resolution solicitors will guide you through the whole process and keep you informed on costs and deadlines along the way.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is rapidly gaining favour with Courts as a sensible alternative to issuing Proceedings and can be used to settle a case before it goes to trial.
Negotiation
Negotiation is often overlooked but is the single most effective way of resolving a business dispute at any stage and is always the first approach that we suggest.
We can give you advice on how best to conduct your own negotiations or we can take them over for you and work towards an agreed position for a period of time agreed with you before considering other options for resolving the dispute.
Mediation
Currently, this is the most common form of Alternative Dispute Resolution and it’s an informal means of communication which involved both sides putting their views forward through a qualified Mediator.
The Mediator acts as a facilitator by allowing both sides to air their grievances and then ensures both parties focus upon the issues with a view to settlement.
Mediation can be undertaken either prior to issuing proceedings or alongside Proceedings as is often suggested by a Court with the proceedings being put on hold.
It can also be required by the contractual documents governing the relationship between you and the other party involved,
You can call on our experience of dealing with Mediation to help resolve your business dispute quickly and on a fixed fee basis.
Expert Determination
Expert determination is a process in which an independent third-party, rather than a judge or arbitrator, acts as an expert in the required field.
They must listen to both parties and their decision is legally binding.
Parties may choose who is appointed and the process is entirely confidential.
Expert determination is an effective way of resolving disputes of a technical nature where the issue at hand is one of fact rather than law.
Arbitration
Arbitration is a more formal type of ADR whereby an Arbitrator is given the power by the terms of his appointment in order to make an Award which will determine the dispute. This is usually binding for both parties but there can be cases where a right of appeal is granted.
This is most commonly used in Construction and Insurance disputes. Your contractual documentation may include an Arbitration Clause and, if so, the dispute may have to be referred to Arbitration.
If you’re involved in a business dispute and need legal advice then contact our specialist team now.
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