Commercial Litigation

Services to business

Our Commercial Litigation department provides a complete range of services to businesses ranging from national and international companies to small, owner managed businesses. We deal with claims and disputes for clients in commerce, manufacturing, construction and banking and finance; recovering debts and resolving issues for commercial clients, whether by litigation, negotiation or through mediation or other dispute resolution process.

Our areas of expertise also includes claims arising out of professional services; professional negligence; reputation damage claims; claims relating to environmental issues; debt recovery and insolvency.

Areas of work covered

Commercial Contract claims and disputes

We deal with claims arising out of a wide range of commercial contracts from the manufacture, sale and supply of goods to the installation of IT and Security equipment, and issues arising in carriage, transport and logistics. Our breadth of experience means we can advise and assist our clients with commercial claims however arising and have expertise in dealing with any issue which may arise out of terms and conditions of sale and purchase.

Construction disputes

We provide a range of services to the Construction industry and can assist with disputes and issues arising from the design of buildings, installations, IT and security systems, defective goods and services. We have expertise in issues arising from the supply and financing of plant and equipment and can advise and assist on issues with lease and hire agreements.

Company/Shareholder/Partnership disputes

We can assist with disputes and issues between Directors, Shareholders and Partners in business; working closely with our Commercial department, we can offer advice and guidance in resolving disputes quickly and effectively, and where necessary, take immediate action to protect the business.

Professional Services disputes

We have experience in dealing with claims for and against Professional service providers including Surveyors; Designers; Architects; Lawyers and Accountants. We can assist with professional negligence claims; defective goods and services claims and in recovering monies due for services rendered.

Banking and Finance claims

We have extensive experience in acting in claims relating to financing of business, secured and unsecured loans, overdrafts and credit card agreements. We have expertise in Invoice Finance including Factoring and Invoice Discounting and can advise on this type of funding and on issues arising from Invoice Finance agreements, including rights to the proceeds of assigned debts, obligations, terms and conditions, charges and termination. We have vast experience in disputes relating to Asset Finance Agreements including for the Leasing of commercial and industrial equipment; Hire Purchase and Hire Agreements. We can advise and assist with claims relating to the terms of an agreement, defective equipment, cancellation, termination, 3rd Party suppliers and calculation of monies due.

Guarantee and Indemnity claims

We can advise on the nature and effect of forms of personal and corporate security, including Guarantees, Indemnities, Warranties and Charges over property. Where issues arise we can deal with claims relating to the enforcement of these forms of security and recovery of any losses arising. We have expertise in dealing with defences to claims based on allegations of misrepresentation or mistake and are able to advise on the special defences available to ‘protected persons’ faced with demands for payment of liabilities under personal guarantees and indemnities.

Environmental issues

We can advise and assist on disputes arising from waste management and in respect of pollution incidents; waste transfer, discharges to controlled water or water abstraction. We can provide guidance on the statutory regimes in respect of environmental issues for both land and water.

Recovery of commercial debts

We have recovered debts for national and international companies, partnerships, government organisations, small businesses and individuals. Our experience covers debts in respect of goods manufactured, imported, sold and delivered; freight and logistics service providers; professional services; services for installation of IT and data systems; creative industry services including web design; Recruitment consultants. We provide advice on disputes relating to defective goods and services; failure to perform obligations on time; Sale or Return; Retention of Title and Warranty issues.

 

We understand the need for our clients to achieve results quickly and with minimal impact on their day to day operations. We guide our clients through the litigation process with consideration for the needs of their business. Where necessary, we can take the appropriate action in Insolvency proceedings and will act quickly to secure and protect our clients’ position.

We recognise that some disputes should be dealt by an alternative form of dispute resolution and provide advice on the appropriate course of action, depending on the needs of the client and the nature of the issue.