Commercial/Business Litigation

BUSINESS LITIGATION SOLICITORS WEST LONDON & COMMERCIAL DISPUTE LAWYERS

What is business and litigation law?

Litigation law is the area of disputes between parties where one party will sue one or more parties to enforce their legal rights through the courts. Business and commercial litigation deals with disputes in the business arena.

No matter how well run your business is it is highly probable that at some stage it will probably have to face a legal claim of kind or another.

When a dispute does arise it is vital that you Instruct an experienced litigation lawyer to deal with the dispute so that the lawyer can attempt to resolve the  dispute efficiently and cost-effectively.

The main thing your lawyer must do is devise a strategy and put in place tactics at an early stage so as to get you the best possible result. Throughout the litigation process your lawyer should be constantly reviewing the strengths and weaknesses of your arguments.

Disputes

There are an infinite number of different types of dispute scenarios that can arise.

We can assist in the following areas:

  • Recovery of Debts
  • Disputes with Constructions Contracts
  • Commercial Contracts disputes
  • Shaeholder Disputes
  • Employment law matters
  • Franchise Issues
  • Trademark Infringement

Why us?

West London solicitors method of approach is different to most law firms in that we initially use convincing negotiation techniques in place of aggressive litigation to attempt to get the result you want. Of course if it becamse necessary we revert to litigation then we will proceed to argue your case strongly whilst always seeking to resolve the issue as soon as we can.

Our solicitors are experienced in all dispute resolution strategies including mediation which involves resolving the dispute through discussion rather than trying to point score in order to be the overall winner in a court room. This approach is a more flexible way to proceed and the parties can choose whether the outcome of the dispute resolution is legally binding or not. In addition proceeding this way will save massively on costs in the long run.

West London solicitors use their creativity and strategic methods of expertise to achieve the clients aims while constantly ensuring you are happy in the direction the case is taking. Our aim is always to limit and reduce costs and time as much as possible which normally means settling the dispute in a setting before it sees a court room.

At West London solicitors we always assess each case on its own merits and cater our approach to suit your financial and legal requirements.

FAQs about:
Commercial/Business Litigation

Commercial Disputes and Litigation FAQs - West London Solicitors

Will I have to go to court ?

This entirely depends on:

  • The other party's willingness to negotiate

  • How “mature” the dispute is

  • Whether all other methods of dispute resolution (such as Alternate Dispute Resolution, which includes mediation and arbitration) have been exhausted

Going to court should be considered a last option because it can be costly, time consuming and stressful.

What is mediation ?

Mediation involves bringing the two parties to the dispute together to negotiate a settlement to resolve the dispute using the services of a mediator, usually someone who has experience of resolving disputes of the type you are experiencing.

What is arbitration ?

Arbitration is similar to a traditional courts in the sense a “judge” i.e. an arbitrator is charged to come to a decision on a particular dispute in favour of one of the parties.

What are the benefits of mediation and arbitration?

These methods of dispute resolution are sometimes

  • Cheaper

  • Quicker

  • Less stressful

I have employed the services of a accountant who cost us a lot of money through his own errors.  Can I sue him ?

Yes, it is certainly possible to take legal action against the accountant as a catalogue of errors would suggest you have a case in professional negligence against the accountant.  However, as noted in the previous question, it is better to pursue claims outside of court if possible, and this is particularly appropriate for professional negligence claims as your claim will lie against the accountant's professional indemnity insurance provider.

Professional negligence involves asking whether a duty of care existed between you and the accountant and whether that duty of care was in fact breached.  With professional negligence cases, it is not usually difficult to prove that a duty of care existed as this can be evidence by the existence of a contract.  The more tricky part is proving whether that duty was actually breached, and if the case goes to court, it may be necessary to use expert witnesses to prove this.

What is involved in debt recovery ?

The first step to recover a debt is to have a solicitor to send a letter of claim to the debtor.  This may prove sufficient to get back the debt.  However, if it is not sufficient, the next step could be sending the debtor a statutory demand, which is a type of document authorised by the law which demands the debtor pays the debt within 18 days or brings a counter-claim against you.  If you use a statutory demand, it is wise to be prepared to bring bankruptcy proceedings against the debtor, which can only be brought for debts larger than £750.  The lalternative is to make an application to the County Court, which has three tracks:

  • Small Claims – for small debts up to £5,000

  • Fast Track – for debts from £5,000 to £25,000

  • Multi Track – for debts larger than £25,000

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