Commercial Dispute Resolution
Even the best-run business can sometimes run into problems with customers, suppliers, local authorities or other individuals and organisations. If not handled correctly, these commercial disputes can end up costing your business a lot of money and time, as well as having the potential to damage your reputation.
Chattertons' commercial litigation team routinely acts in damages and negligence disputes for a wide range of businesses, helping to achieve positive outcomes without the need for court action wherever possible.
We are commercially astute and understand the importance of finding legal solutions that match your overall business goals. By taking a creative and pragmatic approach, we can typically help you get the outcome you need quickly and cost-effectively, while protecting your long-term interests.
Why choose Chattertons for business dispute resolution?
Our dispute resolution team, headed by David Rogerson, is recognised by the Legal500 (one of the largest UK independent client guides) as a leading set within the East Midlands. We have been recognised as "having a strong track record handling partnership disputes” and having “developed a niche representing clients in gambling disputes".
In addition to those particular areas of expertise, we also recently successfully represented a major client in complex IT litigation and regularly act in a wide range of other business disputes.
Chattertons has extensive experience in resolving disputes either through alternative dispute resolution, mediation or court action. We have litigation specialist lawyers throughout all of our offices, providing a real litigation powerhouse for businesses, educational establishments and local authorities.
We aim to make the process of resolving business disputes as simple and cost-effective as possible while ensuring that you are fully appraised on the prospects of success and likely costs associated with any particular course of action. That way you can always make an informed choice about how to move forward.
Our business dispute resolution expertise
Our business dispute resolution solicitors’ services include:
- Contractual disputes
- Property and construction disputes
- Commercial leases
- Professional negligence claims against accountants, surveyors, architects and other solicitors
- Shareholder disputes
- Partnership disputes
- Intellectual property disputes
- Commercial debt recovery
the uk legal 500
Chattertons Commercial Litigation team is recommended in the Legal 500 and ranked as a Tier 2 firm within the East Midlands.
WHAT THE LEGAL 500 SAYS ABOUT US?
Chattertons has a strong presence across Lincolnshire, and is frequently consulted to act in partnership and shareholder disputes and issues relating to the agriculture sector; it is also able to assist with IP disputes, landlord and tenant issues and breach of fiduciary duty claims. David Rogerson leads the team from the Newark office, while the vastly experienced Robert Clark operates from Grantham. In Lincoln, legal executive Nigel Bescoby 'goes the extra mile' in contentious probate claims and boundary disputes.
Practice head(s): David Rogerson
‘Nigel Bescoby is extremely dedicated to his clients and he gets brilliant results.’
‘Nigel Bescoby is conscientious, personable and has a wealth of experience in commercial and housing litigation. He is extremely hardworking and goes the extra mile for his clients.’
How we can help you to solve business disputes
Our approach to dealing with a business dispute has to reflect your priorities. Typically, clients tell us that they want to avoid court proceedings and get the matter sorted out as quickly and inexpensively as possible. It is also often desirable to maintain a positive business relationship with the other party involved in the dispute.
For these reasons, we will typically try to find an amicable solution first. There are various methods we can use depending on your circumstances and which approach you feel comfortable with.
Letter before action
Often, a well-drafted letter from our team is all that is required to secure a positive outcome for a dispute. We can set out your position, your desired outcome, the relevant legislation and what follow-up action you will take if a satisfactory conclusion cannot be reached. We can also advise on any response you receive or a letter before action sent by another party.
Round the table meetings
Our solicitors can support and represent you in sit down meetings with the other party and their legal representatives with the goal of negotiating a voluntary agreement to resolve your dispute. We will make sure your position is clearly presented and that your interests are protected at all times.
If you are comfortable working directly with the other party to agree a way forward, we can advise you on using mediation to resolve your dispute. This will take place over a series of meetings overseen by a trained mediator who will help to keep the process productive and defuse any potential for conflict. Mediation is often the least expensive and fastest way to resolve disputes.
Commercial litigation in court
If a voluntary agreement cannot be reached, we can guide you through every stage of taking court action to resolve your dispute. We will ensure your case is prepared effectively and that you have the best available representation, so you can be confident of securing the outcome you need at your hearing.
Clients often ask us……
Do I need to go to court to solve a business dispute?
In most cases, we can resolve business disputes without the need for court action by using Alternative Dispute Resolution (ADR). This often makes it faster to resolve disputes, as you do not need to wait for a court date, as well as costing you less in legal fees.
ADR can also allow you to keep the matter private and help you maintain a better relationship with the person or organisation you are in dispute with, which can be essential if you need to keep doing business together in future.
How does Alternative Dispute Resolution work?
Alternative Dispute Resolution (ADR) is the name for a variety of different methods intended to allow commercial disputes to be resolved without the need for court action.
The process can involve a number of different approaches, including negotiation and mediation. The goal is to allow you to agree a mutually acceptable solution with the person or organisation you are in dispute with, serving both of your interests.
Can I recover the cost of litigation from the other party?
In both County Court and High Court litigation, the loser will commonly be required to make a contribution towards the winner’s legal fees. However, this will only be decided after the judge has given a ruling and will usually cover around 70-80% of the winner’s legal fees.
How long does commercial litigation take?
This completely depends on the circumstances. If both parties can agree a solution through negotiation, mediation or other Alternative Dispute Resolution methods, it can be possible to achieve a positive result in a matter of days or weeks. However, if court action is required it can take significantly longer.
During your initial consultation we will discuss the various options with you and give an indication of how long the process may take to help guide you in your decision making.
Can attempting Alternative Dispute Resolution affect my chances in court?
Generally speaking, any statements you make – either verbally or in writing – when attempting ADR will be covered by the ‘without prejudice’ rule. This means they cannot usually be used as evidence against you if the matter does ultimately go to court.
This is intended to ensure that both parties feel able to talk freely during alternative dispute resolution, knowing that if they are willing to give ground during these proceedings it will not later harm their position in court.
Contact our commercial dispute resolution solicitors