Commercial Disputes

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.

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 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

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. It 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

If you need fast, cost-effective dispute resolution for your business, please get in touch with your local Chattertons office or use our contact form to request a call back.